Sonoma County Supervisor Efren Carrillo's criminal case will drag on past Friday's court hearing as lawyers for both sides continue to pursue a plea bargain.
Carrillo, 32, is charged with misdemeanor peeking in connection with his predawn arrest last summer outside a Santa Rosa woman's home.
Officers said they believed the partially clothed 5th District supervisor was attempting a sexual assault and he was arrested on suspicion of burglary. Prosecutors subsequently concluded there was not evidence to support the more serious charge.
His lawyer, Chris Andrian, and prosecutor Cody Hunt this week said they're trying to reach a pre-trial settlement involving Carrillo's punishment.
He faces up to six months in jail if convicted at trial, now set for Feb. 28.
But so far, there have been no substantial settlement talks, in part because Andrian is busy with another trial.
Hunt said he and Andrian likely will go before Judge Arnold Rosenfield Friday and ask for more time. "We have a trial date," Hunt said. "That's kind of driving the thing."
Andrian also said he did not expect to resolve the case this week. He said prosecutors have yet to make an offer. If they do, he will need time to discuss it with Carrillo, he said.
Reached by phone Wednesday, Carrillo said he has not been involved in any discussions. He wouldn't go into details of his case.
"At this point I'm not aware of any conversation that's occurred," Carrillo said. "If there had been a conversation or discussion, I've not been given that information."
Carrillo was not planning to attend Friday's hearing, Andrian said.
Meanwhile, a lawyer for the woman said her client was frustrated at the pace but not surprised. Attorney Rosanne Darling said the woman wants Carrillo to plead guilty to the misdemeanor charge but has not reached an opinion on what punishment he should receive.
"My client expects him to take responsibility," Darling said.
Critics who have called for Carrillo to resign said they were "respecting the process at this point."
"If there's a plea bargain, we'll wait to see if it is fair to the victim and to the public," said Jack Buckhorn, president of the North Bay Labor Council.
Buckhorn's group has asked for Carrillo's resignation.
Carrillo was arrested in the early morning hours of July 13 after a woman called 911 to report someone outside her bedroom window. She told dispatchers she was awakened by the sound of moving window blinds.
She placed a second 911 call 10 minutes later to report someone knocked on her front door, identified himself as a neighbor, and ran away.
Officers arrived and found a torn window screen. Carrillo was in the area, clad in socks and underwear and carrying a cellphone.
He was arrested on suspicion of prowling and burglary after being unable to provide a clear explanation for his behavior.
Carrillo posted bail within hours and reportedly checked into an alcohol treatment facility. He remained in seclusion for five weeks.
He returned to his job as supervisor in August and made an emotional apology at his first board meeting.
In November, after three delays, a special prosecutor for the state attorney general filed the misdemeanor peeking charges against Carrillo. A felony conviction would have resulted in removal from office.