PROVO — Even though he found his wife and his 16-year-old proctor son together, scantily clad in his basement, he still shouldn't have pulled out a gun.
"He is sorry for his action," said defense attorney Mike Petro. "He knows his reaction was wrong and he accepts full responsibility."
Richard Gonzales, 32, came home from work March 31 to find his wife, Jennifer Gonzales, engaging in sexual behavior with the teen. In the room were massage oils and candles.
He pulled out an unloaded weapon and threatened both the proctor son, who fled, and his wife, from whom he has since filed for divorce.
Proctor parents take temporary care of troubled teens who are in state custody.
"Mr. Gonzales' ... reaction was probably understandable, but a violation of the law," Petro said Thursday in 4th District Court at Gonzales' sentencing.
Gonzales, who has no criminal history, was originally charged with felony-level assault, but the charge was amended to a class A misdemeanor of using or displaying a dangerous weapon in a fight. He pleaded no contest to that charge.
Judge Gary Stott sentenced Gonzales to 20 days in the Utah County Jail, which can be served out in the community while wearing an ankle GPS monitor. He also required a nearly $800 fine, plus 18 months of court probation.
Gonzales spoke quietly to the judge, apologizing to him and his victims for his behavior.
Jennifer Gonzales has also taken a plea deal. She pleaded guilty June 2 to two third-degree felonies of attempted forcible sex abuse. She will be sentenced July 28.
Her charges carry a potential of five years in prison. However, prosecutors said they're not sure how much time, if any, she will serve in jail or prison.
Jennifer Gonzales used to teach at Mt. Nebo Junior High School in Payson, working at the Cornerstone Unit of the school — an alternative education route for sixth- and seventh-grade students.
The boy was not a student.
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