A pretrial hearing for a man accused of sexually molesting a 12-year-old boy has been postponed to April 19 after a 5th District Judge expressed reservations over a proposed plea bargain.
"I can't see anyone who is more profoundly affected than the victim themselves," Judge Philip Eves told prosecutors in the case upon learning the boy's mother was unhappy with the plea agreement. "I feel the victim ought to have equal standing."The judge returned the amended complaint, charging Alan Naisbitt, 19, St. George, with lewdness, a misdemeanor, to Deputy Washington County Attorney Brent Langston and continued the hearing.
Naisbitt originally was charged with felony sexual abuse of a child in connection with the March 2 incident.
Attorney Jim Shumate, representing the victim's family, said the mother was frustrated with the handling of the case, including the proposed deal struck by prosecutors and Naisbitt's lawyer.
The mother felt the felony charge was justified because it alleged physical contact, and the boy was traumatized, Shumate said.
Defense attorney Scott Gubler said his client would plead not guilty if the original charge were reinstated.