Breaking: Cain Velasquez Granted Bail. Judge Rules Case Will Go To Trial, Attempted Murder Charge Will Remain.
A pre-trial hearing in the attempted murder case of former UFC fighter Cain Velasquez is ongoing. Tuesday a judge ruled that Velasquez’s case will go to trial. Velasquez’s attorney motioned for the judge to dismiss a premeditated attempted murder charge against the former UFC fighter, but the judge denied the motion, according to live reports from MMA Junkie.
Velasquez’s attorney Mark Geragos argued that the incident was a crime of passion. The judge said a crime of passion defense may be viable if more evidence is offered at trial but for now the fighter will face the premeditated attempted murder charge. The prosecution claims Velasquez stalked and allegedly plotted his revenge for days. It’s a claim the defense denies.
Geragos also asked the judge to grant Velasquez bail once again, saying the fighter’s son needs him and he is not a danger to an alleged child molester named Harry Goularte, who is himself free on bail. Following eight months of detention, Judge Bocanegra granted the fighter bail at $1 million dollars saying he viewed the incident as isolated and did not think Velasquez was enough of a threat to Goularte to keep him behind bars. The judge also weighed the fact that Velasquez had no prior criminal history, is a father with children and is a low flight risk.
Velasquez had been detained since February 28th after he was accused of shooting into the vehicle of Harry Goularte, a man that Velasquez claims sexually molested his 4-year-old son. Velasquez had been denied bail on three separate occasions prior to Tuesday and is facing several charges, the most serious one being the attempted murder charge.
Goularte, the alleged child molester, was released on February 25th without bail after being arrested and charged with committing a lewd act upon a child under the age of 14.
Monday’s hearing featured the testimonies of five police officers, including Sergeant Sergio Pires, Corporal Todd Davis and Officer Nathaniel Rodriguez from Morgan Hill, California.
Velasquez is accused of pursuing a car containing Goularte, his mother and his stepfather, shooting at the car and striking Goularte’s stepfather in the arm with a bullet. Goularte’s mother Patricia Goularte allegedly ran a daycare out of her home that Velasquez’s son attended and police say Goularte’s son Harry had contact with the children in the daycare. During Monday’s hearing police relayed that Velasquez told them that his son was not the only child that Goularte had allegedly abused.
During Monday’s hearing, Geragos questioned the police officers who investigated at the scene of the shooting incident.
Various MMA fighters showed up to both hearings to show their support for Velasquez, including AKA coach Javier Mendez, UFC middleweight Abubakar Nurmagomedov, UFC featherweight Gabriel Benitez, and former Bellator bantamweight Shawn Bunch.
Officers testified Monday that Velasquez was cooperative and surrendered himself without issue when they went to arrest him. In addition to police finding a firearm and two shell casings, the truck of the former UFC champion had two bullet holes through its windshield.
Officer Rodriguez said Velasquez told him that his son’s personality dramatically shifted after the alleged sexual abuse.
MMA Junkie has more here and MMA Fighting has more HERE.