Rochester man sentenced to 365 days in jail for sexually assaulting 9-year-old female juvenile

ROCHESTER — A 56-year-old Rochester man was sentenced to 365 days in jail during a Feb. 16, 2023, hearing in Olmsted County District Court for sexually assaulting a juvenile female at least twice in 2019 and 2020.

David John Vigil pleaded guilty to felony first-degree criminal sexual conduct as part of an October 2022 joint plea deal that dismissed a second felony count of first-degree criminal sexual conduct.

District Judge Lisa Hayne also required Vigil to register as a predatory offender and have no contact with the juvenile or her direct family. Vigil was also ordered to complete sex offender treatment.

Vigil's charge carries a 144 to 187 month sentence, according to Minnesota sentencing guidelines.

Hayne ordered a stayed sentence of 156 months and up to 20 years of supervised probation in accordance with the joint plea agreement.

Vigil's lawyer, Jarryd Carl Guevara, argued in court against the jail sentence due to his amenability to treatment, advancing age, health issues, remorse and compliance with conditions of release since he was charged in March 2020.

Assistant Olmsted County Attorney Michael Terrence Walters agreed with Guevara's comments but pushed the court to order the yearlong jail sentence, citing the seriousness of the offenses.

"I think it's warranted here," Walters said in court.

Hayne credited Vigil with 34 days for time served and ordered him to report to jail within 30 days of the hearing. Vigil will be allowed work release, provided he finds employment, and to leave for treatment while incarcerated. He will also have to complete 100 hours of community service.

With good behavior, Vigil will serve two thirds of his remaining 331-day jail sentence, in accordance with Minnesota statute.

Walters spoke to the victim and her family and they agreed with parameters of the plea deal, he said in court.

According to the criminal complaint:

Vigil sexually assaulted a juvenile female once in 2019 and once in 2020, when the juvenile was 9 and 10 years old.

The juvenile's mother reported the sexual abuse to the Rochester Police Department on March 29, 2020.

He was arrested the same day and denied sexually assaulting the juvenile or ever being alone with her.

A family member of the juvenile told police that there were multiple times Vigil had been alone with the juvenile.