SAN JOSE — A preliminary examination for former UFC star Cain Velasquez bought underway Monday, after which a choose will decide whether or not Velasquez goes to trial on tried homicide and assault costs alleging he chased then shot at a person accused of molesting his baby earlier this yr.
Velasquez, 40, has pleaded not responsible to 1 rely of tried homicide, three counts every of assault with a firearm and assault with a lethal weapon, and three related gun-crime costs, all felonies. His protection crew is led by Los Angeles-based lawyer Mark Geragos.
Velasquez stays within the Santa Clara County Important Jail, the place he has been held with out bail since his February arrest. His protection crew sought to overturn his denial of bail with the Sixth District Courtroom of Attraction, which rejected that petition late final month.
Deputy District Legal professional Aaron French offered 5 witnesses, all officers from the Morgan Hill and San Jose police departments. Most of them gave second-hand testimony from the reported victims of the taking pictures, who didn't testify. The preliminary examination will proceed Tuesday, and upon its completion Superior Courtroom Choose Arthur Bocanegra will resolve whether or not there's sufficient proof for the case to proceed to a jury trial.
Authorities say that on Feb. 28, Paul Bender and Patricia Goularte drove from their San Martin residence to Morgan Hill, the place they have been selecting up their son Harry Goularte Jr. to take him to San Jose to get outfitted for an ankle monitor. Goularte Jr., 44, was charged in February with one felony rely of a lewd and lascivious act with a toddler — who has since been recognized as Velasquez’s son — at a home-based San Martin daycare run by his mom.
On Feb. 28, Velasquez is alleged to have pushed as much as their car and fired a handgun at Goularte Jr., then chased them. Each automobiles bought to Monterey Freeway and Bailey Avenue in South San Jose, the place Velasquez reportedly fired a number of pictures on the household, wounding Bender within the arm.
Goularte Jr. was arraigned Feb. 25, and a choose granted him supervised launch. A preliminary examination in his case is scheduled for Nov. 14.
The primary witness referred to as by French was Morgan Hill police Sgt. Sergio Pires, who recounted driving on Hale Avenue close to Dwell Oak Avenue following the taking pictures report when he noticed the Chevy Silverado pickup, recognized as Bender’s car, rushing south towards site visitors, forcing him to drag over. He added that he then noticed a Ford F-250 pickup, recognized as Velasquez’s car, following shut behind.
Pires mentioned as quickly as Velasquez handed him, Velasquez pulled over, bought out of his truck and “proned himself out,” voluntarily getting on the bottom to give up.
French went over a number of photographs of Velasquez’s truck, highlighting what seemed to be two bullet holes within the windshield — which Pires testified doubtless got here from pictures fired contained in the truck — in addition to a bullet gap within the driver’s aspect mirror, a .40 caliber handgun within the truck console and a second journal in a cupholder.
Different photographs confirmed what Pires believed have been not less than three bullet strikes within the passenger aspect of the Silverado pushed by Bender. One picture confirmed a blood-smeared driver’s seat. Geragos centered on how Pires’ evaluation of the presumed bullet injury to Bender’s truck have been educated guesses at greatest, since he didn't carry out ballistics evaluation (San Jose police, which led the investigation, did).
The second witness referred to as was Morgan Hill Cpl. Todd Davis, who responded to Bender’s truck and who mentioned Bender recognized Velasquez because the shooter. Davis additionally testified to gathering home-security video from neighbors of the Morgan Hill residence the place Goularte Jr. was picked up, footage that confirmed Goularte Jr. stepping into his mother and father’ truck, adopted by Velasquez’s truck quickly after.
Davis mentioned an eyewitness to the preliminary taking pictures, close to Cochrane Street and Butterfield Boulevard in Morgan Hill, advised police he was lower off by the 2 pickup vans. The witness, in accordance with Davis’ testimony, advised police that the trailing truck “pulled alongside the primary truck … the place the mirrors have been virtually touching,” then “leaned out the motive force’s aspect window holding a black handgun with each arms, and fired a spherical on the different truck.” Nobody was hit by the reported gunfire.
Geragos referred to as consideration to the truth that no bullet casing was recovered from the positioning of the primary taking pictures and questioned the reliability of the video clips, getting Davis to acknowledge that the excerpts have been obtained with none unbiased examination of their supply. Geragos zeroed in on how one clip reveals Velasquez’s truck stopped a ways from the house, whereas one other doesn't have the truck in view earlier than it’s seen transferring previous the house, which he mentioned suggests the clips didn't present the identical timeframe. That may be defined by the footage displaying totally different vantage factors.
Morgan Hill Police Officer Nathaniel Rodriguez testified to being the one who bodily took Velasquez into custody. He recalled how Velasquez readily advised him that his son had been the sufferer of a molestation by the hands of somebody he claimed additionally abused different youngsters on the daycare. So far, just one sufferer is detailed within the legal cost towards Goularte Jr.
Rodriguez described Velasquez as cooperative throughout his detainment. Geragos requested Rodriguez in regards to the alleged abuse and if Velasquez talked about how “his little 4-year-old boy wasn’t the identical, that he had modified due to it?”
The officer responded, “Sure.” That was reflective of a lot of Geragos’ questioning, wherein he repeatedly talked about the sexual-abuse allegations towards Goularte Jr.
San Jose Police Officer Yanick Mendez testified to his interview of Patricia Goularte and her declare of listening to not less than three pictures; Mendez mentioned officers recovered 4 bullet casings on the Bailey Avenue scene.
Geragos requested Mendez whether or not Goularte defined why she proceeded with selecting up her son even when she and Bender suspected they have been being adopted, questioning aloud that it “made no sense.” He additionally seized on an error wherein a bullet casing, reasonably than a bullet, was described in a police report as been discovered lodged in Bender’s truck.
After Mendez affirmed that the report was improper, Geragos made some theater out of it, asking, “We bought a magic shell casing and no projectiles lodged within the automotive so far as you realize?”
The ultimate witness, SJPD Officer Scott McNulty, testified about his interview with Bender in his hospital room after the taking pictures. McNulty mentioned Bender described making an attempt to flee from Velasquez by aggressively weaving by means of mid-day site visitors in Morgan Hill, together with making a U-turn throughout a median, just for Velasquez to remain “proper on their ass” as they traversed Monterey Freeway at speeds approaching 100 mph.
At Bailey Avenue, the chase slowed due to site visitors, and Bender mentioned, in accordance with McNulty, that he drove onto the shoulder to ascend the ramp to Bailey. That’s when Bender reportedly heard a number of pictures and “the again window exit,” McNulty mentioned.
Bender, who by that time was wounded, reportedly advised McNulty that he bought on to southbound Santa Teresa Boulevard — which turns into Hale Avenue — with Velasquez nonetheless following. Bender reported listening to extra gunshots, and upon catching a glimpse of the trailing pickup, noticed new bullet holes within the windshield.
Geragos insinuated by means of his questioning that Patricia Goularte, who was at Bender’s bedside throughout McNulty’s interview, might have coached her husband’s statements. He additionally referred to as consideration to how no investigator who took the stand Monday requested if anybody in Bender’s truck was armed.
Geragos has the chance to current countering proof, and witnesses, in courtroom Tuesday.