Ice cream vendor to face reduced charge

An ice cream vendor accused of grabbing and kissing an 8-year-old girl in San Mateo earlier this month had one of four felony charges he faces reduced to a misdemeanor Monday.

San Mateo Superior Court Judge Susan Irene Etizadi said the false-imprisonment charge against Hayward resident Mario Aaron Martinez-Delgado, 51, did not rise to the level of a felony because he did not grab the girl with excessive force.

Deputy District Attorney Gregory Devitt said the reduced charge would not affect the possible sentence of eight years in state prison Martinez-Delgado faces if convicted.

The ice cream vendor is charged with three felonies — lewd act with a child under 14 by force, lewd act with a child and assault with intent to molest, according to the District Attorney’s Office.

All charges are related to a single alleged attack July 1. At Monday’s preliminary hearing, San Mateo police Officer James Henley said he was called to the girl’s residence by her mother. The victim “was hysterically crying,” he said.

The girl told Henley that when she tried to pay Martinez-Delgado, the vendor told her she could have it for free if she kissed him. The girl said no, and Martinez-Delgado then grabbed the girl by her arm and kissedher, sticking his tongue in her mouth, Henley said.

tbarak@examiner.com

Bay Area NewsLocal

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Folks wave from the side of a Muni cable car as it heads down Powell Street after cable car service returns from a 16-month COVID absence on Monday, Aug. 2, 2021. (Kevin N. Hume/The Examiner)
San Francisco’s cable cars return after 16-month absence

San Francisco’s cable cars are back, and they’re free for passengers to… Continue reading

Blue California often is the target of criticism by conservative media, but now is receiving critical attention from liberal writers. Pictured: The State Capitol. (Photo by Anne Wernikoff for CalMatters)
Why is California now being criticized from the left?

California being what it is – a very large state with a… Continue reading

Tiffany Carter, owner of Boug Cali West Coast Creole Shack in San Francisco’s La Cocina Marketplace, was dismayed by gentrification she found when she returned to her hometown to start a business. (Kevin N. Hume/The Examiner)
SF Black Wallstreet: Helping residents build wealth, reclaim spaces they’ve had to leave

Tiffany Carter moved back to her hometown of San Francisco five years… Continue reading

Steven Buss, left, and Sachin Agarwal co-founded Grow SF, which plans to produce election voter guides offering a moderate agenda. (Kevin N. Hume/The Examiner)
Grow SF: New tech group aims to promote moderate ideals to political newcomers

Sachin Agarwal has lived in San Francisco for 15 years. But the… Continue reading

Most Read