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Jose Olivares, 27, was hanging out in the hotel room with three of the upstate New York boys when they fell asleep after a day in Manhattan.
Questioned by his attorney, he told a judge in Hackensack this past week that he gave one of the teens oral sex as the 16-year-old boy slept in the early morning hours of Sept. 15, 2013.
Jose Olivares, S. Emile Lisboa (STORY / PHOTO: CLIFFVIEW PILOT Courthouse Reporter Mary K. Miraglia)
“And you realized you didn’t have permission, and given that he was asleep he didn’t exactly know what was going on,” defense attorney S. Emile Lisboa asked Olivares. “Is that right?”
“Yes,” he replied.
“And you realize that’s a crime?” Lisboa asked. Olivares agreed.
The Syracuse, NY high schooler told investigators that he later awoke to find Olivares sitting on his cot, giving him oral sex. He cried out, waking another of the students in the room, and immediately reported the assault to a chaperone who called police.
If he’d been convicted at a trial of the original charge of sexual assault, Superior Court Judge Margaret M. Foti told Olivares last Monday, he could have faced at least 18 months in state prison.
The deal with prosecutors allowed him to instead plead guilty to the lesser charge of sexual contact.
Assistant Bergen County Prosecutor Dion Findley said he plans to recommend a 364-day sentence in the Bergen County Jail, followed by a period of probation to be set by the judge at a scheduled Aug. 28 sentencing.
Findley agreed, however, that Olivares’s lawyer can argue for less or no jail time as part of their plea agreement.
Olivares also would be subject to Megan’s Law registration and reporting, as well as Nicole’s Law — putting him under a permanent restraining order prohibiting contact with the victim or his family. He’d also remain on parole supervision for life.
STORY / PHOTO: CLIFFVIEW PILOT Courthouse Reporter Mary K. Miraglia
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