Sexual assault defendant stands mute

Friday, July 18, 2014

McCOOK, Neb. -- A McCook man facing multiple felonies in two counties alleging sexual assault of a child stood mute Monday during his hearing in Red Willow County District Court.

District Court Judge David Urbom entered a not guilty plea on behalf of the man, 65-year-old Benito Garcia, after Garcia chose not to respond to a request for a plea.

It is common practice for a judge to assume a plea of not guilty when individuals refuse to plead either innocent or guilty, according to an online legal dictionary: thelawdictionary.org

Garcia has been charged with a pair of Class IIIA felonies in Red Willow County alleging third degree sexual assault of a child and child abuse and is facing similar charges in Frontier County.

Garcia is out on bond and online court calendars, as of Friday, do not yet indicate when he is scheduled to appear next.