Court records for SLO County business owner accused of sexual assault were destroyed
Court records from Nate Abate’s previous sexual assault accusation have been destroyed, San Luis Obispo Superior Court told The Tribune Wednesday in response to a public records request.
Abate, who owns a barbershop in Atascadero, and Kin Coffee Bar owner Julian Contreras are facing accusations of sexual and physical assault and harassment after several women came forward on social media.
Ash Riddell, who was the first speak out on Instagram, said more than 30 women have shared their experiences with her.
The Tribune spoke with Riddell and two other women who say they were assaulted by either Abate, Contreras or both. The women detailed experiences where they either could not consent or did not consent to sexual acts.
The San Luis Obispo Police Department has since opened an investigation into the allegations. Neither Abate nor Contreras have been arrested.
Why the records were destroyed
Abate told The Tribune he was arrested in 2012 on suspicion of sexual assault of a minor but ultimately pleaded the case down to misdemeanor false imprisonment.
Under California law, courts only have to retain records of most misdemeanors for five years. Courts can choose to keep records longer or digitize records rather than destroying them.
The most common reason to destroy records is to create space in storage. Nikki Rodriguez, spokesperson for the Superior Court, said destroying records once they are eligible is a “common practice” and they send records to be destroyed at a shredding company when the time comes.
However, the process isn’t necessarily uniform.
For example, the court did not destroy records pertaining to a 2003 misdemeanor case in which David Knight, who was with Thomas Jodry the night he fell to his death from a SLO parking garage, was convicted of molesting a teen.
California law requires courts to keep records of cases that result in a sex offender registration permanently, but Knight’s lawyer successfully argued to avoid Knight’s name being added to the registry. The 2003 conviction was also expunged.
The records pertaining to Abate’s 2012 case were destroyed in April 2018, according to the record of destruction.
What Abate said about his previous arrest
Abate denied all allegations against him, alleging Riddell was upset after a consensual relationship ended.
He told the Tribune he has never sexually assault anyone or had an inappropriate sexual relationship with a minor, despite the 2012 arrest.
The arrest resulted from a party at Contreras’ home in which an underage girl claimed Contreras and he had raped her, he told The Tribune.
Abate said that he only entered into the plea agreement for the non-sex-related crime because his lawyer wanted $25,000 to go to trial, which he couldn’t afford.
Abate said the false imprisonment charge, to which he said pleaded no contest in court, was made against him because he was the only one who was 21.
A no-contest plea functions the same as a guilty plea without a defendant admitting direct fault.
“The arrest report was for sexual assault because that’s what I was being accused of,” he said. “So on the arrest report, that’s what it says. But there is no actual conviction because it was unfounded and untrue.”
The Tribune was unable to confirm any of Abate’s claims because the records are destroyed.
Police investigate allegations
The San Luis Obispo Police Department confirmed to the Tribune that it is investigating the allegations, but it has not arrested Abate or Contreras.
The department asks anyone who believes they are a victim or has information about the alleged crimes to call 805-781-7317 to file a report.
Tribune Reporter Nick Wilson contributed to this report.
Anyone with additional information who wishes to speak to The Tribune about their experiences as part of a news tip may send an email to cjones@thetribunenews.com.
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.
