An East Hampton man is free on bail after being charged with Sexual Conduct against a Child in the second degree. According to the East Hampton Town police, Juan P. Sumba-Clavijo had sexual relations with a child under the age of 13 years old at least twice. The child and Sumba-Clavijo were acquainted, the police said.
It appears that the child confided in an adult at their school, who then alerted police, triggering an investigation, which ultimately led to Sumba-Clavijo’s arrest on Tuesday, February 4. Besides the felony charge, he is also accused of a misdemeanor, endangering the welfare of a child. He was held overnight and was arraigned in East Hampton Town Justice Court Wednesday February 5.
There were five friends and family members of the accused in the courtroom for the arraignment. One woman wept, off and on, throughout the arraignment.
Sumba-Clavijo’s attorney, Susan Menu, entered a denial to the felony and proceeded to waive her client’s right to a speedy trial, as well as waiving her right to enforce the new state law that requires the prosecution to turn over within 15 days all the evidence it intends to use should the case go to trial.
Justice Steven Tekulsky issued an order of protection for the child, as well as for other minors the child lives with.
Under the New York State’s new laws regarding bail, the felony charge Sumba-Clavijo is facing is one of the few crimes for which bail can be set. The prosecuting attorney, John Mark Sciandra, asked that a cash bail be set at $5000. Menu countered that her client could afford $2500. Tekulsky agreed with that amount. Under the new law, he also is required to set alternative methods to secure a defendant’s release, which he did, setting a secured bond amount of $5000, as well as an unsecured bond amount of $10,000. An unsecured bond is, essentially, an IOU.
The cash bail was posted at the courthouse.