Man in sexual remark case takes deal
The man who walked into a house and made a sexual comment to a 10-year-old child before leaving will have to register as a sex offender as part of the plea agreement he entered into with prosecutors Wednesday morning in Yuma County Superior Court.
Appearing with his attorney David Schapiro of the Yuma County Legal Defender’s Office in what was a change-of-plea hearing, Chad Edward Diener pleaded guilty to one count of luring a minor for sexual exploitation and one count of burglary.
Diener — who remains in custody — replied “guilty” when asked by Superior Court Judge Brandon Kinsey, who is presiding over the case, how he pleaded to the charges. In return for that guilty plea, a charge of attempted molestation of a child against him was dismissed.
Judge Kinsey talked Diener through the change of plea, making sure he understood what was happening. He also explained to Diener that the plea agreement contained a stipulation that he receive no less than 3 1/2 years in prison on the luring charge.
Due to the nature of the offense, he is not eligible for early release and must serve the entire sentence.
The plea deal also stipulated that Diener would be sentenced to no less than 60 months of probation, with the length and type left up to the discretion of the court. He must also register as a sex offender until the probation is completed.
Judge Kinsey also told Diener that the stipulations were not binding on the court and he could choose not to accept them. If that happens, Kinsey continued, Diener would have the opportunity to withdraw from the plea deal and have his case proceed to trial.
Sentencing has been scheduled for 8:30 a.m. on Dec. 19.
According to Yuma police, the incident happened in June at a residence in the 2300 block of Walnut Avenue, when Diener, who was highly intoxicated at the time, walked into the home while supposedly looking for a friend.
Before he left the residence, however, police say Diener made a sexual comment to a 10-year-old child, who told a family member that had been asleep at the time about what had happened.
The incident was reported to Yuma police, who found Diener a short time later still in the vicinity and arrested him.
In November 2013 Diener was sentenced to 48 months of intensive probation in Yuma County Superior Court for one count of attempted aggravated assault, which he pleaded guilty to in a plea agreement.
In that incident, which happened in October 2012, police say Diener attacked a woman and her 8-yearold child with a box cutter. Witnesses chased Diener to a nearby residence and stood by until Yuma police arrived.
Diener refused to come out of the home, which led to a five-hour standoff. Members of Yuma Police Department’s Special Enforcement Team would eventually enter the home by breaking a front window and take Diener into custody.