Deputy sheriff A Circuit judge has sentenced a deputy sheriff to a year of probation on each of six counts of misdemeanor sex assault of a 13-year-old girl.
gets probation
in sex assault
But the judge refuses
to let the conviction be
erased from his record
By Debra Barayuga
Star-BulletinBut Judge Victoria Marks denied Irenio Gansit's request to defer his no-contest plea, which would have allowed him to erase the conviction from his record if he abides by the court's conditions.
Gansit has repeatedly denied fondling the girl but reached a agreement with the state in which he would plead no contest to reduced charges to avoid the risk of being convicted of felony assault. He also wanted to spare putting his family through a trial.
Deputy public defender Ken Shimozono said the state allowed the reduced charges because it had significant problems with its case, including inconsistent statements by the victim and a motive.
Gansit had no history of sexual misconduct at work or in his personal life before this case, Shimozono said.
The state had opposed the deferral, saying Gansit abused his position of trust and his standing in the community as a law enforcement officer.
The state also felt he posed a risk of reoffending.
Gansit said yesterday he feels badly for his family -- not being able to care for them. "All I ever asked was to be able to love them."
He asked that his plea be deferred so that he could continue to be a productive citizen.
But Marks said although Gansit has performed well at work -- he has been with the Department of Public Safety for 10 years -- she was troubled about aspects of his personal life, and on that basis denied his request.