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Man sentenced for violating protective order

April 29th, 2011 Posted in Opinion

By Kate Rouse

LOGAN–Jose Roberto Oyuela pleaded guilty to violating a protective order, a class-B misdemeanor, in 1st District Court Wednesday and was sentenced to 180 days in the Cache County Jail.

Oyuela testified he had gone to his children’s school to see them, while his estranged wife was parked in her car 10 meters away. Oyuela said she rolled down her window and yelled at him, and Oyuela violated the protective order–which prohibits him from talking to her–when he yelled back.

Oyuela sentence included credit for two days served, but Judge Thomas Willmore suspended the other 178 days due to Oyuela’s required departure from the United States.

Cynthia Gordon, Oyuela’s attorney, said he was granted voluntary departure by immigration and must leave the county by July 12.

Oyuela said he will leave for New York on Monday, and after spending two weeks with his family there, he will fly back to his home country of Honduras. Willmore waived the statutory requirement that Oyuela complete domestic violence counseling because there would be no licensed program available for Oyuela in Honduras.

Willmore said Oyuela’s probation was conditional only upon his departure from the country. If something were to change and Oyuela did not leave the country by July 12, Willmore said Oyuela would be required to immediately report to the jail to serve his sentence.

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