WINNEMUCCA — A man charged with sexual assault on a child will remain in custody after a failed  effort by the defense for a no-bail release. Sergio Duran-Gamboa, 20, remains at the Humboldt County Detention Center where bail is set at $503,122. The defendant previously pleaded not guilty to the charge.

The motion for a no-bail release was before Judge Michael Montero, of the 6th Judicial District Court, on Wednesday (Feb. 24) morning.  Montero said he was denying the motion, in part, because of the seriousness of the crime. Sexual assault on a child is a category A felony and represents life in prison with the possibility of parole. The judge also noted the defendant’s short time in the community before his arrest and  lack of employment history here, which are factors available to the court when considering release.

The motion for a no-bail release was made by Humboldt County Public Defender Matt Stermitz who did not ask for a bail reduction because his client was not in a financial position to make any kind of bail.  However, if released Duran-Gamboa did have an opportunity to gain employment through a contact at a county ranch while waiting for trial, Stermitz said.

Humboldt County DA Russell Smith did not file a motion objecting to the release because Duran-Gamboa is under an immigration hold. He told the court no matter what happened Wednesday in the 6^th Judicial District Court the defendant would not be released from custody due to the federal hold.

Duran-Gamboa was arrested last May and went before the jury in November on sexual assault allegations from a girl who was 12-years-old at the time of the alleged incident. However, a mistrial was called after Smith inadvertently made reference to the defendant’s custody status.  His trial date has been reset to June 30, July 1 and 2.

More Information:

Defense motion for mistrial granted