Mar. 13, 2014 3:23 PM
Brad Zinn

Oscar O. Millan / Submitted

STAUNTON — A man who groped an 11-year-old girl at Bessie Weller Elementary School in September pleaded guilty Thursday in Staunton Circuit Court to aggravated sexual battery of a minor.

In a plea agreement with the Staunton Commonwealth Attorney’s Office, Oscar O. Millan, 25, of Staunton, was sentenced to 20 years in prison with 19 years and two months suspended, giving him 10 months to serve. Millan also was placed on 20 years of probation.

Assistant prosecutor Anne Reed said Millan was at Bessie Weller on Sept. 23 with a woman and two of her children, which included an 11-year-old girl. Reed said the children were being enrolled at the school.

During the enrollment process, a bookkeeper at the school saw Millan grab the girl’s breast while they were in an office. The girl took Millan’s hand and removed it, placing it at his side, Reed said.

“He attempted to put his hand back a second time” but the girl stopped him, Reed said.

The bookkeeper reported the incident, and Staunton authorities charged Millan with the felony on Halloween. A Staunton grand jury indicted Millan in January.

Reed said Virginia’s recommended sentencing guidelines called for a sentence of anywhere between one year and 10 months behind bars to five years and a month, but Reed said she deviated downward from the recommendation because the victim would not participate in the case “and did not want the defendant prosecuted.”

A conviction for aggravated sexual battery can carry up to 20 years in prison.

Reed also noted that Millan is in the United States illegally, and said officials from U.S. Immigration and Customs Enforcement have placed a detainer on the defendant and will deport him following his release from custody.

Reed said she doesn’t know where Millan will be deported to when released.

Held since his Oct. 31 arrest, Millan will be credited with time served.