Oct 14, 2015

Preliminary hearing for man charged with 16 felonies of alleged sexual acts with child under the age of 10 continued again

The preliminary hearing scheduled for October 20 due to unavailability of defense last time was continued today at the request of the People.

The preliminary hearing was continued to October 22. Deputy District Attorney Brie Bennett said the support person for the victim had another engagement on October 20th. Visiting Judge David Flinn granted the motion to continue.

Viveiros withdrew his general time waiver today.

Oct 6, 2015

Preliminary hearing for man charged with 16 felonies of alleged sexual acts with child under the age of 10 postponed

A preliminary hearing was scheduled for David Viveiros this morning. Deputy District Attorney Brie Bennett is prosecuting this case. Public Defender Luke Brownfield is representing Viveiros.

Mr. Brownfield was in a multi day preliminary hearing and Mr. Kevin Robinson from the Public Defender's office appeared on his behalf and told Judge Joyce Hinrichs that the defense was requesting a continuance.

Ms. Bennett said, "the victim is upstairs and ready to proceed."

Due to schedules, the preliminary hearing was continued to October 20 at 8:30 a.m. with an intervention to confirm that date on October 19.

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

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.

All charges are the same victim.

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


He also had a CLETS protective order served on him in court.

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