Richmond man convicted of aggravated sexual battery

A Richmond man, convicted on Oct. 25 in New Kent Circuit Court on a charge of aggravated sexual battery involving a child under age 13, has been sentenced to 20 years in prison and must serve three years, four months of that term.

Speaking through an interpreter, Heraclio Santos Agustin, told Judge Thomas B. Hoover he maintains innocence but decided to plead guilty since two witnesses were prepared to testify against him. One, a nine year-old girl, is the victim in the case. The other, the victim’s younger sister, witnessed some of what took place last June 23.

Agustin, 42, of 1415 Tifton Court, pleaded guilty to the charge. Under terms of a plea deal, Hoover imposed three years, four months of active time, suspending the remainder for the next 20 years.

In a summary of evidence to the court, prosecutor Clay Blanton said Agustin resided at the girl’s New Kent home during the week while working at Colonial Downs. On June 23, the defendant had been assigned to watch over the girl and her sister.

The girl, the prosecutor said, was prepared to testify that Agustin at first grabbed her in an upstairs room and tried to kiss her.

The girl, dressed in bedclothes at the time, got away and ran downstairs to the living room where she covered herself with a blanket, Blanton said. Agustin followed, sitting beside the girl before reaching under the blanket to fondle her. The prosecutor added that the sister witnessed Agustin thrust his hand under the blanket. The next day, the victim told her older sister about the incident.

The defendant declined to speak when the judge asked if he had anything to say before sentencing.

Hoover ordered Agustin to register with the State Police as a sex offender and to have no further contact with the victim or her family.

“The family agrees this is appropriate disposition of the case,” Blanton told the court. “The defendant has no prior record, and this keeps a nine year-old from having to testify.”

In another, unrelated case on Oct. 25, Hoover sentenced a Lanexa man to 18 months behind bars after the defendant pleaded guilty to a felony count of driving under the influence (third offense in the past 10 years) and a reduced a count of misdemeanor driving on a revoked license while intoxicated.

Timothy Shawn Ragland, 50, of 13956 James Drive, pleaded guilty under terms of a plea deal.

Originally, he had been indicted on a felony version of the driving revoked count along with third offense DUI.

Last June 15 around 12 noon, New Kent Deputy Farrar Howard III stopped to investigate after spotting Ragland’s car and the defendant standing outside relieving himself near the Good Hope Road/North Waterside Drive intersection, prosecutor Randy Del Rossi told the court.

Ragland failed field sobriety tests and was later found to have a .17 blood/alcohol level, more than double the state’s .08 limit for DUI.

Ragland apologized to the court for his actions, saying he has waged an on and off campaign battling alcoholism for many years. His attorney, Jennifer Chapman, said he refused bond, electing to stay in jail and complete a substance abuse program.

Hoover imposed five years in prison with all but one suspended for 15 years plus a $1,000 fine on the DUI charge and 12 months in jail with six months suspended for five years on the driving revoked count.