Yoshiaki Nagaya, the Japanese official charged with 14 counts of domestic violence entered pleas of no contest to two of those charges today, December 20 in San Mateo County Court. All other charges were dropped in exchange for the no contest pleas.
Judge Craig Parsons will sentence Nagaya on February 4 at the Hall of Justice in Redwood City. The charges Nagaya pled to, 273.5 a, felony domestic violence with injury, carry a penalty of up to five years in prison, a $10,000 fine and $10,000 in restitution to the victim, his former wife, Yuka Nagaya.
Prior to the start of the hearing Nagaya, dressed in a black suit, sat quietly while turning off his cell phones.
“I think it was an appropriate resolution based on the facts in the case said Deputy District Attorney Tricia Povah. “I hope the victim will be happy with the resolution and feel somewhat vindicated.”
During the hearing Povah made it clear that Nagaya agreed to a Harvey Waiver. According to USLegal.com, a Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
“He will be looking at up to a year in county jail,” said Povah who added that Nagaya will also likely have three years supervised probation and a year of domestic violence counseling.
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