Editor’s note: This story mentions sexual assault and suicide.

The former Cal Fire captain who assaulted a coworker on the job attempted to delay his sentencing for the second time Wednesday, as his lawyer argued the incident was a “hug gone wrong.”

The judge disagreed.

The sentencing was continuously delayed for six months because former Cal Fire Capt. James Peter Thomas, 59, claimed he did not know he had to register as a sex offender when he agreed to plead no contest in May 2023 for assaulting his 37-year-old coworker, Carrie Young on Dec. 20, 2020. A no contest plea functions the same as a guilty plea without admitting direct fault.

San Luis Obispo Superior Court Judge Michael Frye ultimately ruled Thomas could not withdraw his plea on May 15.

Prior to the sentencing hearing, Thomas’ attorney, Kevin Gres, filed a second motion to withdraw the plea, this time claiming Young made statements after his plea that are factually different than those agreed upon previously.

San Luis Obispo County Deputy District Attorney Bianca Aguayo said in her response that Thomas’ arguments were not sufficient to withdraw his plea, adding that this second attempt to withdraw it shows his request to not plea is not factually based, but rather “a change of heart.”

Defendant attempts to withdraw plea for second time

Gres argued statements made by Young after the May 1, 2023, plea agreement were inconsistent with what she said before.

Young previously stated that on Dec. 20, 2020, Thomas hugged her from behind, put his hands under her shirt, groped her breasts and pulled on her nipples.

Gres claimed Young stated in a news article that she was the one that initiated contact.

Young previously told The Tribune in September that she said “hi” to Thomas when he walked in her office. They hugged, and that’s when he reached up her shirt, she said.

Gres argued that if Young initiated the hug, then that fact could be used by the defense because it could convince a jury that the touch was accidental or a “hug gone wrong.”

“It is extremely significant as to whether this is characterized as an intentional sexual assault or a hug gone wrong” he said.

He later said if the interaction was indeed an accidental “hug gone wrong,” then it is not a crime.

Gres added that Young had posted about being diagnosed with bipolar and PTSD and having some memory loss since the incident occurred, which he asserted could affect her credibility.

“If you’re suffering from PTSD from a prior relationship that’s making you, for lack of a better term, an eggshell victim, that’s something that needs to be explored at trial,” he said.

Gres claimed this “new information” was cause for Thomas to withdraw his plea and go forward with a jury trial. If his client had this information before, he claimed, then he would not have agreed to a plea.

Aguayo argued Gres and Thomas were “trying to get a second bite of the apple” in another attempt to avoid sentencing.

She said witness credibility is always an issue in any case, and said that the claims by the defense lacked merit. The alleged inconsistencies of how the hug occurred did not change the fact that Young was assaulted, she argued.

Aguayo claimed the defense was trying anything to stop the sentencing.

Frye said he recognized there may be inconsistencies regarding how the hug occurred, but added that minor inconsistencies regularly occur in witness statements. The “heart of the crime” remained the same, he said.

He added that Thomas’ own statement to the probation department admitted he engaged in “minor touching” toward Young.

“It’s not really a ‘he said, she said’ case,” the judge said. “It’s a ‘to what extent did it occur.’”

Frye added that several of the statements the defense was referring to had been public for a long time, so it wasn’t clear how this alleged evidence was not brought up sooner in the legal proceedings.

Frye ultimately ruled against the defense, and denied the motion to withdraw Thomas’ plea.

Woman feels relief, validation after former Cal Fire employee who assaulted her is sentenced

Before Young’s statement to the court, Gres attempted to object to her speaking because she had spoken in court previously. Frye overruled that objection, saying Young had the right to speak.

Standing at a podium in the back of the courtroom, Young implored Frye to sentence Thomas and end the nearly three year judicial ordeal, citing Thomas and Gres’ repeated attempts to withdraw the plea and send the case into trial.

“He touched me inappropriately during the hug and at my desk and then continued to speak about his immediate family in sexual ways, simultaneously asking if he could touch me again because he had never felt anything like that before — meaning my nipple rings,” she said.

Young then addressed Frye directly saying, “If that made you uncomfortable, it should have because it definitely did me.”

She said she didn’t understand the extent of how the assault affected her until she was living in it. She lost her job, became homeless and attempted to take her life multiple times.

The length of the court process didn’t help, she said. She continues to endure nightmares, panic attacks and fears going places alone.

She said the focus of the proceedings on the integrity of a victim also perpetuates cycles of sexual assault and sexual violence.

Despite this, she said women should should feel empowered to speak out against their assaulters if that is what helps them in their healing process — being scared into silence is a tool used by abusers, she said.

Young said she believes that since men tend to more rarely experience sexual assault and violence, they should help lead the way to establish safe and respectful work environments by standing up for their co-workers.

“It’s not against men — I mean they’re the problem, but I think the big thing is they’re a solution,” Young told The Tribune after the sentencing. “We need them. This isn’t an attack on men. This is a cry for men to help.”

Defense argues for no jail time in sentencing

Aguayo asked the judge to sentence Thomas to 120 days in jail, 80 hours of community service and a 10-year restraining order. She added that sex offender registry was also a requirement of the plea.

Gres asked the judge to strike jail time from Thomas’ sentence, citing Thomas’ responsibilities caring for his elderly parents. He added that Thomas “lived 58 years of good” prior to this charge.

Frye decided to meet the prosecution and defense in the middle, sentencing Thomas to 90 days in county jail and keeping the requirement that he register as a sex offender for 10 years. Thomas is also barred from contacting Young for a minimum of 10 years.

He is expected to surrender to jail by Aug. 13 at 8 p.m. to serve a 90-day sentence, Frye said, and must register immediately after he completes his sentence.

As she exited the courtroom, Young hugged her friends and family with a smile on her face.

She told The Tribune, she had felt nauseous during the plea arguments, but felt validated when the judge denied Thomas’ motion and went through with the sentencing.

“I’m not alone anymore,” Young said. “It feels very alone when you’re in the process — so I don’t feel alone.”

If you or someone you know are a survivor of sexual assault, you can call the National Sexual Assault Telephone Hotline at 800-656-4673. The hotline offers a range of free services including confidential support from a trained staff member, help finding a local health facility, legal and medical advice and referrals for long-term support.

Survivor support and resources are also available through Lumina Alliance at luminaalliance.org or their Crisis and Information Line at 805-545-8888.

If you or someone you know is having thoughts of suicide, the National Suicide Prevention Lifeline is a hotline for individuals in crisis or for those looking to help someone else. To speak with a certified listener, call 988. You can also call the Central Coast Hotline at 800-783-0607 for 24-7 assistance. To learn the warning signs of suicide, visit suicidepreventionlifeline.org