Former Napa High School math teacher Jorge Covarrubias, found guilty last August of sexually molesting a high school student, remains free on bail as his sentencing has been delayed.

Covarrubias was convicted last year of nine charges of sexual abuse of a teenager who lived with him at his Napa home. He was first scheduled to be sentenced Dec. 4, but the sentencing was continued by Napa County visiting Judge Michael Byrne because Covarrubias was seeking a new lawyer.

His case was rescheduled for Feb. 22, but was continued again. Covarrubias’ new attorney, Kristine Burk, told the Register she had not yet received transcripts from Covarrubias’ trial.

“I hope to get them sometime this week. I can’t say if I am going to ask for a new trial until I have had a chance to review the transcripts,” Burk said.

Covarrubias is next scheduled to be in court March 29.

Mark Boessenecker, County chief deputy district attorney, said he had hoped the sentencing would have happened by now.

“We are disappointed that Mr. Covarrubias has been out of custody after being convicted so many months ago,” he said.

Boessenecker said prosecutors are concerned Covarrubias may flee the area. “Anytime someone is convicted of multiple felonies and is looking at up to eight years in prison, we are concerned they could be a flight risk,” he said.

Covarrubias, 32, is out on $500,000 bail.

Burk described her client as an “incredible man who has been present at every court appearance.”

“He has been responsible. He’s an American citizen with many family ties to the Napa community,” she said. “He’s not going anywhere.”

Burk said Covarrubias is on unpaid administrative leave with the school district, and that his teaching credential was revoked when he was convicted.

Napa Police detective Judy Bond, the lead investigator in the Covarrubias case, is upset he is not in custody.

“A jury of his peers convicted him of nine counts of child molestation. The victim deserves justice. When a jury takes it own time and works hard on a trial and comes to a guilty verdict, the person should be taken into custody,” Bond said. “I have never worked a case where a person was convicted of child molest or sexual assault and not taken into custody.”

The incidents took place between November 2003 and August 2004, when the teen, now 18, was 15 years old. During this time, the boy was a student at Napa High School, but not a student in Covarrubias’ math class. Covarrubias and the victim met at Napa High School.

According to testimony at trial, the boy and his father had a rocky relationship. The father went to the school and sought advice from Covarrubias about his son. After visiting the victim and his father at their home, Covarrubias offered to let the boy live with him “to straighten him out,” court records stated. The boy’s father agreed.

One significant question at trial was why the teen waited until he threatened with being locked up in California Youth Authority on unrelated charges before telling someone about the abuse by Covarrubias. The defense tried to use that fact to undermine the prosecutor’s case, but jurors nonetheless found Covarrubias guilty of nine counts of sexual abuse.