SAN JOSE (CBS SF) — A judge on Monday denied former MMA heavyweight champion Cain Velasquez bail on charges of attempted murder and other charges related to the shooting of a man who was charged with child molestation.
The allegations were rescheduled for a hearing on April 12. Accompanying Velasquez in court was his attorney Mark Geragos, well known in the Bay Area for his defense of Scott Peterson.
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As Velázquez’s supporters filled the seats in the courtroom, the judge did not set bail, saying the “risk is too great” for public safety, and the family of accused sexual harasser Harry Gularte released Velázquez.
The victim in the molestation case is linked to Velazquez. Prosecutors said his intention was to kill or injure Goulart, who was released by authorities after he was charged in a molestation case.
The incident began when, around 3:00 pm on 28 February, a shooting was reported to Morgan Hill police near the intersection of Cochran Road and Butterfield Boulevard. The officers who arrived at the scene found the victim – Paul Bender – with gunshot wounds. He was taken to a nearby hospital for medical treatment for non-life-threatening injuries.
According to police, Velasquez followed Bender’s car because Goulart was inside. At the time of the shooting, Bender – Goulart’s stepfather – was driving Goulart to get an electronic tracking bracelet as a condition of his release from prison.
Velasquez chased the victim’s car, a Chevy Silverado, for 11 miles before crashing into it. After the collision, Velasquez opened fire on the car with a pistol, injuring Bender. Goulart’s mother, who was in the car, called 911.
Read the charging document
As with Velasquez’s first courtroom appearances last week, dozens of supporters, including many wearing #FreeCain T-shirts, showed up to show their support.
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Most argue that the beloved former MMA heavyweight champion was acquitted in the hunt for Goulart.
“I don’t blame him, I don’t 100% blame him,” supporter Eric Christensen said. “Whatever Cain did, he had to take matters into his own hands.”
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But other legal experts say there is no reason to let someone take the law into their own hands.
“What he did put the public at risk,” prosecutor Aaron French said.
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Paula Canni, a criminal defense attorney, legal analyst and longtime former deputy district attorney, agrees with French.
She said she hoped the public outcry would not affect Velasquez’s case.
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“I don’t want even mixed martial artists who are champions to be able to walk around and shoot guns in public and take the law into their own hands; it’s terrible, it’s scary,” Kenny said. “There is no protection for lynching, and this is probably good. Otherwise, the whole system would turn into vigilance. There is a defense: “I was so angry that I had to do it.”