McFarland basketball coach sentenced in sexual misconduct case; Chain | Cohn | Clark civil case for victim is ongoing

A former McFarland High basketball coach has been sentenced to state prison after he promised a 15-year-old boy a spot on the varsity team in exchange for sexual favors.

Chain | Cohn | Clark is representing the victim in his sexual misconduct civil case.

Fernando Pruneda was sentenced to two years in prison for the charge of contacting a minor to commit a sexual offense after pleading no contest. He must also register as a sex offender.

An investigation into the high school coach was launched after a McFarland High School sophomore reported inappropriate sexual contact with the coach. According to court documents, Pruneda repeatedly contacted the boy via text message.

Pruneda offered to take him to a basketball tournament in Nevada. Pruneda told the boy not to say anything to anyone, and to inform his parents that the whole team is going. He also informed the boy that they would have to share a bed. He would also tell the boy to erase the messages between the two. According to court documents, Pruneda began to offer the boy massages after practice. Pruneda called the boy out of class to give him a massage.

Kern County Sheriff’s Office detectives became involved after meeting with the victim and his mother, and texted Pruneda in place of the victim to arrange a meeting. They arrested him at the meeting location.

The civil case is ongoing.

SEXUAL MISCONDUCT LAWSUITS

Chain | Cohn | Clark has been involved in several lawsuits in recent years in representing victims of sexual abuse and sex assault:

• Chain | Cohn | Clark filed a lawsuit against the Wasco Union High School District on behalf of a student who was the victim of sexual misconduct by an assistant football coach at the high school. Miguel Nicholas Saldana pleaded no contest to sending sexually explicit messages to the student, was sentenced to six months in jail, must perform 720 hours of community service and register as a sex offender.
• Our attorneys filed lawsuits in federal court against the County of Kern and a juvenile corrections officer on behalf of a young woman who was sexually abused at juvenile hall. The lawsuit was settled recently for $250,000.
• Our lawyers also filed claims on behalf of several students who were victims of sexual misconduct at North High School. Kern County Sheriff’s Office has arrested Edwin Rodriguez on suspicion of lewd and lascivious acts with minors 14 to 15 years old, exhibiting harmful matter to a minor, annoying a child under 18 and false imprisonment.
• Chain | Cohn | Clark represented Karen Frye, who was sexually molested at Lerdo Jail by a Kern County Sheriff’s Department detentions deputy. The law firm filed suit against the county for civil rights violations, conspiracy, sexual assault and battery, negligence, fraud, breach of contract and excessive use of force. The department also attempted to “buy off” Frye by offering her $1,500 in exchange for her agreement to not sue the department. That case settled for $300,000.
• We represented a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison. Chain | Cohn | Clark attorneys also represented a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim. In addition, the partners at Chain | Cohn | Clark penned a “Community Voices” article, calling on the County of Kern to cease practices that call for confidential settlements in lawsuits pertaining to victims of sexual assault, as well as paying “hush money” to those victims.

A new law in California allows victims of childhood sexual assault more time to file lawsuits, and seek justice. Assembly Bill 218 gives victims of childhood sexual abuse either until age 40 or five years from discovery of the abuse to file civil lawsuits. The previous limit had been 26, or within three years from discovery of the abuse. It also allows victims of all ages three years to bring claims that would have otherwise been barred due to existing statutes.

Here’s what you can do if you’ve been sexually assaulted or abused:

• Call for help: Always call the police, a rape hotline or both following any form of sexual assault or abuse. This can be difficult to do, but the sooner you get in touch with someone, the sooner justice can be served.
• See a doctor: Seek immediate medical care following a rape or sexual abuse scenario. Hospitals often have specialists trained to help in these types of situations and they often have someone on staff that can help with the stress.
• Contact an attorney: After you have taken all the aforementioned steps, contact a legal professional, who has understanding of sexual abuse law.

If you or someone you know experienced sexual assault and is seeking resources, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). If you are in immediate danger, call 911.

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MEDIA COVERAGE

• Former McFarland High basketball coach sentenced Tuesday for 2018 sexual misconduct (The Bakersfield Californian – Oct. 20, 2020)
• Former McFarland High coach sentenced to prison after pleading no contest to arranging to meet freshman for sex act (KGET-17, NBC – Oct. 20, 2020)
• Former McFarland basketball coach sentenced to prison after pleading no contest for arranging sex act with student (23ABC News – Oct. 20, 2020)