Velasquez, 40, is charged with attempted murder and 10 other gun-related charges stemming from an incident in which he allegedly chased down a man, Harry Goularte — who is accused of abusing a young relative of Velasquez’s — and shot him with gun into Goularte’s vehicle, hitting Goularte’s stepfather, Paul Bender. Velasquez has been in jail since February 28 and has been denied bail on three separate occasions. A preliminary hearing in the case is scheduled for Sept. 26, where Geragos is expected to be able to get witnesses to testify, the defense attorney said. If the case isn’t dismissed at that point, he said, it will then go to trial, which could begin before the end of the year.
1 Related Geragos said the prosecution would not call Goularte to testify at the preliminary hearing or trial, which he called “nonsense.” There will be a hearing on August 29 to discuss whether Goularte not being a witness is fair to Velasquez. Geragos said the one charge Velasquez faces that could get him life in prison is attempted murder, and Goularte is the alleged victim of that charge. Goularte was released from custody on Feb. 25 without bond after being arrested on a charge of lewd or lascivious act on a child under 14. “They are desperately trying to escape the fact that the system failed Cain,” Geragos said. “They don’t want to get into it. They want to try a case that’s divorced from reality.” Geragos added that he considers it a conflict that the same office is trying both Velazquez and Goularte in their respective cases, saying it serves “two masters.” Velasquez followed Goularte’s truck in his own vehicle on an “11-mile, high-speed chase” through the city of San Jose, rammed the truck and fired a .40-caliber handgun several times into the truck, which was carrying the Goularte, Bender and Goularte. mother, Patricia, according to the DA’s office. Bender was hit by a bullet, although he suffered non-life threatening injuries. The relative of Velasquez, who is under 10, told police on Feb. 24 that Goularte took them to a daycare bathroom and touched their genitals, according to a court document. The child said Goularte said not to tell anyone what happened and that this situation could have happened “100 times.” The child told police they saw Goularte go into the bathroom with other children, too. The daycare is owned by Goularte’s mother. She and Goularte have denied any wrongdoing. Velasquez’s family has also filed a negligence and sexual battery lawsuit against Goularte, Patricia and Bender. Goularte pleaded guilty to the criminal charge in June and is scheduled for another court appearance on September 20.
