A last-minute decision by a former busboy in Menlo Park during his trial means he faces up to eight years instead of three for sexually assaulting a woman.
Juan Gustavo Robles-Alejo, a former employee at the , decided to plead no contest last Thursday after the third day of a trial. His decision comes after months of offers by the prosecution and also after their deadline, San Mateo County District Attorney Steve Wagstaffe said. His team was offering the man three years for a plea of no contest, but he repeatedly refused, Wagstaffe said. Then he changed his mind.
Wagstaffe said he suspects that Robles-Alejo realized he was on the losing side after watching his victim become very upset while describing the scene in court. She discussed how he molested in the BBC's upstairs lounge where she and a friend had passed out drunk.
"She was very upset and crying," Wagstaffe said.
His accomplice, Moises Rojas, also a former BBC employee, was standing lookout during the assault and has , according to public documents. He received credit for time served and got a three-year probation sentence.
Robles-Alejo will be sentenced on May 4th at 9 a.m.
"All deals are off the table," Wagstaffe said. "He faces up to eight years."
The victims, one of whom was a BBC waitress, were both intoxicated and went upstairs to talk and then fell asleep. One of the victims woke up during the assault to find Robles-Alejo molesting her, according to prosecutor notes. Menlo Park Detective Ed Soares said he arrested the suspects while they were clocking in for work a few days later, after the victims came to police.