Man accused of masturbating in court faces deportation after plea deal

A sex abuse defendant who was accused of masturbating during a pretrial court hearing will face deportation under the plea agreement he signed Wednesday.

Prosecutors said Roberto Hernandez-Fabian sexually touched a 13-year-old girl in a car in 2010. He was 26 at the time...

A Washington County jury that year found him guilty.... He was sentenced to six years and three months in prison.

But the case returned to Circuit Court after the Oregon Court of Appeals found that prosecutors had failed to give adequate notice of their intent to offer hearsay statements at trial...

While the girl on video described the sexual abuse she'd suffered, it appeared to the deputy that Fabian-Hernandez, now 31, was masturbating in the courtroom....

Judge Thomas Kohl, who'd been viewing the video at the time... recused himself and sent the case to be handled by a different judge and a different defense lawyer.

Defense attorney David Rich took the case, which resolved Wednesday with a plea agreement.... in which Hernandez-Fabian admitted to two counts of attempted first-degree sexual abuse. The agreement called for a sentence of nearly four years in prison but gave the defendant credit for time served.

Because Hernandez-Fabian has already served five years and two months, his lawyer said, he'll be released in this case, taken to immigration jail and eventually be deported to Mexico.