Man charged with 16 counts of alleged sexual acts with minor victim shakes his head in court and shows no emotion

David Viveiros, a man in his 60s, balding with a goatee and deep circles under his eye coldly stared into space and at one point shook his head as Judge Timothy Cissna read the charges against him.

He is charged with 16 felonies and Judge Cissna said there are "additional allegations against him which are serious felonies/strikes."

Viveiros told Judge Cissna he is unemployed and Public Defender Luke Brownfield was appointed to represent him.

Mr. Brownfield asked that dates be set on a "not time waived basis." Viveiros had a CLETS protective order served on him in court, which Judge Cissna told him is "effective immediately."

The date that he was "bonded to appear" was vacated and his bail bond of $25,000 was exonerated.


This is from my post earlier today at 11:16 a.m.:

David Viveiros is charged with 16 counts of alleged sexual acts with a child. 15 are with a child under the age of 10 PC 288.7 (a). Count 16 is a with a child under the age of 14.

Counts 1 and 2 sexual intercourse/sodomy; Count 3 oral copulation/penetration; Count 4 and 5 sexual intercourse/sodomy; Count 6 oral copulation/penetration; Count 7  and 8 also sexual intercourse/sodomy; Count 9, 12 and 15 oral  copulation/penetration; Count 10, 11, 13 and 14 sexual intercourse/sodomy and Count 16 is aggravated sexual assault of a child under 14.

Arraignment and bond status today at 1:30 in Courtroom 4.

No other media attended the arraignment today. 

From the Shouse law site:

Penal Code 288.7 (a) - Sodomy or Sexual Intercourse with a Child Under 10


Penal Code 288.7 section (a) applies to cases where the adult engages in sexual intercourse or sodomy on a child under 10 years of age.

Any sexual penetration of the vagina by the penis, however slight, constitutes "sexual intercourse."

"Sodomy" in California law (defined in Penal Code 286) is sexual conduct consisting of contact between the penis of one person and the anus of another person.1

In neither case is any proof of ejaculation required.2

A conviction under section (a) triggers a sentence of 25 years to life in
state prison. That is, the person must serve 25 years and afterwards would be eligible for parole consideration at a California Board of Parole (Lifer) hearing.

Penal Code 288.7 (b) - Oral Copulation or Penetration on a Child Under 10

Penal Code 288.7 section (a) applies to cases where the adult engages in oral copulation, or sexual penetration with a foreign object, on a child under 10 years of age.

Defined in Penal Code 288a, "Oral copulation" is the act of copulating the mouth of one person with the sexual organ or anus of another person. Any contact, however slight, between the mouth of one person and the sexual organ or anus of another person constitutes oral copulation. Penetration of the mouth, sexual organ or anus is not required, nor is proof of ejaculation is required.3

Defined in Penal Code 289, "Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object. The words "foreign object, substance, instrument or device" include any part of the human body, except a sexual organ.4

A conviction under section (b) triggers a sentence of 15 years to life in state prison. That is, the person must serve 15 years and afterwards would be eligible for parole consideration at a California Board of Parole (Lifer) hearing.