By Jenny Hellwig
A Rockbridge Circuit Court grand jury indicted former Washington and Lee student Ricardo Vergara on two felony charges of rape.
At the Monday hearing, a police officer involved with the case summarized its facts and evidence to the grand jurors, lead prosecutor Andrew Squires said. The prosecution is the only side allowed to present evidence to the grand jury during a closed proceeding.
Lexington police arrested Vegara Feb. 26 for allegedly sexually assaulting a fellow student Jan. 14, court documents said. Vergara was additionally charged with one misdemeanor count of sexual battery.
Details of Vergara’s bail
Vergara has been out on $20,000 bond since March 1. Under his bail conditions, Vergara was banned from W&L or any college campus, Lexington and Rockbridge County, except for his court hearings. The court instructed him to otherwise remain at his family’s home in Nashville. Vergara was also forbidden from having any contact with the victim.
Judge Christopher Billias moved Vergara’s case from the Lexington/Rockbridge General District Court to the Rockbridge Circuit Court at a hearing Sept. 11, because general courts cannot try felonies.
Several witnesses were subpoenaed to testify on behalf of the prosecution at that hearing, including the victim, a first-year student, and Lexington Police Department Detective Nathan Kesterson.
But because Vegara waived his right to a preliminary hearing, none of these witnesses ended up testifying, Squires said.
Waiving this hearing allows a defendant to keep the option of a plea deal open, he added.
“We could say, if you require us to put on a preliminary hearing, which requires [the] victims to go through testifying, we might give a much less favorable offer if we give an offer at all,” Squires said.
Vergara is represented by attorney Sandra Drewniak Nicks, who did not respond to a request for comment.
Next steps for Vergara
Vergara’s next court appearance will be his formal arraignment Dec. 13.
During this hearing, the court will read the charges against him, and Vergara may enter a plea of guilty, not guilty or nolo contendere, which means accepting punishment but neither admitting or denying fault.
If Vergara pleads guilty, the next step will be a hearing to determine his sentence. But if he pleads not guilty, he can choose to have either a trial by judge or jury.
Vergara may be able to negotiate a deal with prosecutors, in which he would plead guilty to have his charges or sentence reduced.
Squires said that the prosecution has already offered a plea agreement to Vergara, but Nicks has not yet said whether he will accept. Even if Vergara does agree to a deal, he may back out at any point, including during the arraignment.
Jared Moon, commonwealth’s attorney for Lexington and Rockbridge County, said his office makes plea offers in most criminal cases.
Plea negotiations are essential to the functioning of the criminal justice system, Moon said.
“If it wasn’t for plea negotiations…ultimately the criminal justice system—at least here in Rockbridge County—would come to a screeching halt,” he said. “We just don’t have enough time for the court to try every case.”
It is unclear if W&L ever took any disciplinary action against Vergara. W&L Spokesperson Drewry Sackett said she can’t discuss specific sexual misconduct cases, but confirmed Vergara is no longer enrolled.
Moon said he often receives forwarded reports about sexual assaults from the W&L Title IX office. These reports usually contain limited information, and victims often don’t want to proceed.
“There’s been an increase in reporting and not only that, an increase in the victims’ desire to proceed,” Moon said. “The victims…certainly have demonstrated a significant amount of courage.”