Nick McWilliams reporting – As part of a plea deal, a 23-year-old man will spend a year in prison before being deported back to Guatemala.

During a final pre-trial conference Monday, Melchor Hernandez-Hernandez opted to take a plea deal, which dismissed one count of rape, in favor of finding the man guilty of gross sexual imposition.

Tuscarawas County Assistant Prosecutor Fred Scott called for a jail term, and by law, due to the violent nature of the crime, Hernandez-Hernandez will be returned to his native country.

“He was sentenced to 12 months in prison, and because it was a felony sex crime of violence, he will be deported by [Immigration and Customs Enforcement.] With a crime of violence like that, if he were to reenter the United States, he would be subject to an illegal reentry charge, and would be immediately deported.”

Judge Elizabeth Thomakos issued the sentence on Monday, with time to be served in the Tuscarawas County Justice Center.

Having been incarcerated there since January 3rd, he is expected to receive jail credit for his time.

Copyright WTUZ Radio Inc., 2022