SAN JOSE (CBS SF) — A judge denied former MMA Heavyweight Champion Cain Velasquez bail Monday on attempted murder and other charges stemming from a shooting targeting a man who has been charged with felony child molestation.
A plea to the charges was carried over to an April 12th hearing. In the court, Velasquez was accompanied by his attorney, Mark Geragos, who is well known in the Bay Area from his defense of Scott Peterson.
With Velasquez’s supporters filling the courtroom seats, the judge set no bail saying the “risk is too great” for public safety, and for the family of accused sexual assault suspect Harry Goularte to release Velasquez.
The victim in the molestation case is related to Velasquez. His intention, prosecutors say, was to kill or injure Goularte, who had been released by authorities after being charged in the molestation case.
The incident began when Morgan Hill police received word around 3 p.m. Feb. 28 of a shooting near the intersection of Cochran Road and Butterfield Boulevard. Responding officers arrived to find victim — Paul Bender — suffering from gunshot wounds. He was taken to a nearby hospital to be treated for non-life-threatening injuries.
According to police, Velasquez followed Bender’s vehicle because Goularte was inside. At the time of the shooting, Bender – Goularte’s stepfather – was driving Goularte to obtain an electronic monitoring bracelet that was a condition of his release from jail.
Velasquez chased the victim’s vehicle, a Chevy Silverado, for 11 miles before ramming into it. After the collision, Velasquez opened fire on the vehicle with a handgun, hitting Bender. Goularte’s mother, who was in the vehicle, called 911.
As they did last week at Velasquez first courtroom appearances, dozens of supporters — including many wearing “#FreeCain” t-shirts — came to show their support.
Most claim the beloved former MMA heavyweight champion was justified in hunting down Goularte.
“I don’t blame him, I 100% don’t blame him,” said supporter Eric Christensen. “What Cain did, he had to take matters into his own hands.”
But other legal experts say there is no justification allowing someone to take the law into their own hands.
“What he did was put the public in danger,” said prosecuting attorney Aaron French.
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Paula Canny, a criminal defense attorney, legal analyst and long-time former deputy district attorney, agrees with French.
She said she hopes the public outcry doesn’t have any impact on Velasquez’s case.
“I don’t want even mixed martial arts fighters who are champions to get to go around and fire guns in public places and to take the law into his own hands; it’s horrifying, it’s frightening,” said Canny. “There is no defense of vigilante justice, and that’s probably a good thing. Otherwise, the whole system would devolve into vigilantism. There is on defense of ‘I was so mad, I had to do it.’”
Source: sanfrancisco.cbslocal.com.