Convicted Port-a-Potty Penetrator Denied Resentencing

NAPA COUNTY, CA — A Richmond man will continue to serve a 16-year state prison sentence linked to his conviction for sex crimes that took place in 2019 at the BottleRock music festival in Napa and Pine Street Spring Festival in Richmond, Napa County District Attorney Allison Haley announced Thursday.

Napa County Superior Court Judge Scott Young made the ruling to deny Peterson William Fontes’ request for a new sentence during a Thursday morning hearing in which Napa County Deputy District Attorney Kristen Orlando and one of the victims in the bizarre sexual assaults argued against any change in Fontes’ prison sentence.

In December 2019, a Napa jury found Fontes, 47, of Richmond, guilty of two counts of sexual penetration by force, fear or threats; second-degree burglary and vandalism. The jury also found true the special allegation that the amount of damage caused due to vandalism was $400 or more.

The evening of May 25, 2019, Fontes went to BottleRock and cut holes in the back walls of several portable toilets —near the seat areas— that he used to sexually assault one victim as she used the toilet.

After an investigation into the incident, officers with the Napa Police Department apprehended Fontes and took him into custody the following day. During the investigation, it was discovered that Fontes committed a similar sexual assault against a second victim in Alameda County while she was attending the Pine Street Spring Festival.

The Napa County District Attorney’s Office took jurisdiction of the Alameda County sex offense and prosecuted Fontes for that crime in Napa County.

Fontes' request for a new sentence was made possible through the passage of Senate Bill 567, signed into law on Oct. 8, 2021, and effective Jan. 1, 2022. When someone is convicted of a crime in California, they typically face three possible sentences — a lower term, a middle term, or an upper term. Prior to SB 567, local judges could choose any of the terms based on the facts of the case.

SB 567 made it a requirement for judges to pick the middle term unless specific aggravating factors, which can lead to harsher sentences, are proven to a jury beyond a reasonable doubt or admitted by the defendant. The change to the law opened the door for people who received upper sentences to have their cases reviewed and potentially reduced if a judge had originally imposed the upper term without the aggravating factors being proved in the way that the change in the law requires.

During Thursday's hearing, Orlando argued that Fontes’ crimes were committed against particularly vulnerable victims. She also argued that the way the crimes were carried out indicated planning, sophistication and professionalism; and that the defendant’s conduct was violent and posed a danger to society.

Young agreed and ruled that the aggravated circumstances of the case would have been proven beyond a reasonable doubt to a jury during Fontes’ trial in 2019.

"The courage and bravery of the survivor to stand up to her abuser a second time was extraordinary," Orlando said. "The court's ruling today sends a clear message that we will not tolerate such behavior in our community and will not excuse or minimize the severe harm that Mr. Fontes has caused by his predatory actions."

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