Plea agreement reached in sexual assault case

A plea agreement has been reached in the bizarre case of a man accused of attempting to sexually assault a 19-year-old man in Applegate Park.

Mario Fonseca, 25, pleaded no contest July 20 to a single count of kidnapping. He also admitted violating his probation in a previous felony case and will be sentenced to four years in prison, according to Chief Deputy District Attorney John Goold, the prosecutor in the case.

He must serve about two years in prison before he's eligible for parole.

A Merced County jury was split 7-5 in Fonseca's trial earlier this year, with the majority favoring a not-guilty verdict. Rather than risk another jury trial, Goold said his office resolved the case with a plea agreement.

Deputy Public Defender Tony Green, Fonseca's attorney, argued during trial the case was one of mistaken identity, saying Merced police arrested the wrong man.

Fonseca still maintains his innocence, Green said. Even so, Green acknowledged his client was under a great deal of stress during the trial, saying he didn't want to revisit that ordeal a second time. Green also pointed out his client would have faced seven years to life in prison, if he was found guilty in a second jury trial. "He was just willing to resolve it, rather than risk being found guilty," Green said.

The crime happened after midnight April 15 last year, after the victim had been walking on the west side of M Street, near Applegate Park. Fonseca allegedly approached the victim and asked him if he had "a light" for a cigarette, according to Merced police.

The men had been talking for a few minutes, when Fonseca put a knife or sharp object to the victim's back. The victim said he didn't see the object the suspect was holding, although he could feel it poking him.

Fonseca told the victim that they were going to smoke methamphetamine. Fonseca also said he was going to orally copulate the victim, and touched his private area during the incident.

The victim was able to run across M Street and escape, while Fonseca returned to the park. The victim notified police. The next day, Fonseca was arrested after police determined he matched the suspect's description.

Fonseca is scheduled to be formally sentenced Aug. 19.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.