Court Finds True: DA’s Petition that Alfredo Arcilio Mendez is a Sexually Violent Predator under California Law

Author: District Attorney
Date: 6/22/2023 5:37 PM

District Attorney Dan Dow announced today that San Luis Obispo County Superior Court Judge Timothy S. Covello has sustained the District Attorney’s petition for the commitment of Alfredo Arcilio Mendez (62) as a Sexually Violent Predator. Mendez will remain in the custody and care of the California Department of State Hospitals.

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After hearing closing arguments at the conclusion of a four-day court trial, San Luis Obispo County Superior Court Judge Timothy S. Covello made a finding that there was evidence to grant the District Attorney’s petition for the civil commitment of Alfredo Arcilio Mendez (62) as a Sexually Violent Predator.  The Honorable Judge Covello returned his finding of “true” on the petition after several days of evidence. 

California’s Sexually Violent Predator Law (SVP law)* allows a District Attorney to petition for the continued detention of an individual beyond their parole period, where that person has been sentenced to state prison for one or more sexually violent offenses, has been diagnosed with a mental disorder, and poses a present danger to the safety of others because they are likely to engage in acts of sexual violence if released into the community.  The SVP law is a civil law, not criminal.  This means that the law’s purpose is protection of the community by providing treatment and rehabilitation, not additional punishment.  Individuals committed under the SVP law are generally confined within a locked hospital setting, such as Coalinga State Hospital. 

“This ruling will ensure that Mr. Mendez is detained in a hospital setting where he does not pose a threat to our community,” said District Attorney Dan Dow.  “We are committed to doing everything within our authority to protect the people of San Luis Obispo County from dangerous sexual predators like Mr. Mendez.” 

During the trial, it was proven that Mendez had been convicted previously of five qualifying sexually violent crimes.  Mendez’s prior convictions occurred in two counties in separate criminal prosecutions and included:

1. Forcible Lewd Acts on a Child and Forcible Oral Copulation on a Child (age 6) in San Diego County in 1986, and
2. Forcible Lewd Acts on a Child (age 10), Forcible Lewd Acts on a Child (age 8) and Forcible Lewd Acts on a Child (age 6) in San Luis Obispo County in 1999.

The Court also heard evidence that while Mendez was working at a child day care facility, he sexually assaulted three female children (all age 7); in 1985 he was arrested in Long Beach County for Forcible Rape of a Child under 16 and in 1999-2000 he sexually assaulted a male child (age 3). 

Two of the nine survivors, testified about their violent assaults.  In addition, four psychologists who evaluated Mendez, gave their opinion that he has a diagnosed mental disorder of pedophilia.  This diagnosis means Mendez is predisposed to commit sexually violent offenses on children.  Additionally, two of the psychologists who assessed him found that his mental disorder makes him a substantial and well-founded danger to the safety of others and that it is likely that he will engage in predatory sexually violent criminal behavior if released into the community.  

After the finding, San Luis Obispo County Superior Court Judge Timothy S. Covello signed an order committing Mendez to Coalinga State Hospital as an SVP where his progress will be reviewed bi-annually by the California Department of State Hospitals. 

This case was prosecuted by Deputy District Attorney Kimberly R. Dittrich who is assigned to the District Attorney’s Office Sexual Violence Unit.  The case was investigated by the Grover Beach Police Department and San Luis Obispo County District Attorney’s Office Bureau of Investigation.

A copy of the civil petition can be found here and a copy of the defendant’s booking photo can be found here.

* The requirements for SVP designation are found in Welfare and Institutions Code sections 6600 and 6601 and include that the individual’s diagnosed mental disorder was at least a contributing cause to the commission of their sexually violent offenses.  More information about California’s Sexually Violent Predator law may be found here: https://www.dsh.ca.gov/Treatment/Sexually_Violent_Predator.html 

Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.

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