The man, who was in the car with two others at the time, was taken to hospital with life-threatening injuries after the shootings near Monterey Road and Bailey Avenue.
According to court documents, the target of the shooting – 43-year-old Harry Goularte – faces charges of a felony for torturing a child who is a close relative of Velazquez. He was unharmed in the shooting, authorities said.
“The actions of (Velazquez) on February 28 were very reckless,” said prosecutor Aaron French. “It is unfortunate that he took matters into his own hands instead of waiting for the penal system.”
Gularte was indicted in the Santa Clara County Supreme Court on February 25th. He was released on condition that he remain under house arrest in Morgan Hill, stand 100 yards from each child under the age of 14 and wear an electronic surveillance bracelet.
Authorities say he was on his way to pick up the monitor when Velázquez tried to shoot him during an 11-mile high-speed chase.
Goularte’s 63-year-old stepfather was hit once in the driver’s seat but is expected to survive.
Goularte’s mother runs a day care home, where Velázquez has been a client for two years, where the abuse is alleged to have taken place. SKY7 received a video of the home, which has a large play structure and a baseball diamond in the backyard.
Gularte did not work in kindergarten, but lived in the home.
“After MPs interviewed the 4-year-old and other countries involved in the facility, they later found that sexual violence had taken place,” Santa Clara County Deputy Sheriff Russell Davis told ABC7 News.
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The California Department of Social Services (CDSS) shared information about the center and its latest inspection. According to a search of a medical facility, the last inspection was on January 11.
According to the facility’s assessment report, a supervisor made a note to the occupants of the home. We have removed sensitive information from the statement in parentheses:
“The licensee states that the adults over the age of 18 living in the home are: she, her husband (name removed) and her son (Harry Gularte). All adults living in the home have a criminal history clearance, signed criminal records (removed) and a tuberculosis test. “
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Deputy Davis said Goulart’s mother had voluntarily closed the kindergarten for the ongoing investigation.
“Currently we have about 20+ minors coming and going through this kindergarten,” he added.
Coinciding with the day of the shooting, the CDSS immediately handed Goularte an exclusion order.
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According to a document shared with ABC7 News, he demanded that Goularte be removed from his home and not have contact with clients of any childcare facility.
“The department has determined that continuing or future contact with clients or presence in any child care center or housing facility licensed by the California Department of Social Services poses a threat to the health and safety of clients in care,” the letter said. Goularte Read.
The decision to release Goularte in the SORP contradicted the advice of the Santa Clara District Attorney.
“Our office also demanded that this accused in this case be detained, as we thought he also posed a risk to public safety,” said Santa Clara Co. Ace. DA Angela Bernhard said. “The court did not agree with us and he can be released without bail.”
The former UFC champion appeared in court for the first time today in San Jose.
A large crowd of supporters wearing Free Cain T-shirts filled the courtroom, many of them Velazquez teammates and AKA training partners in San Jose.
“He is a good man and everyone knows him, especially everyone who is close and connected to him,” said teammate David Dzasohov. “We just know that he would never have done such a thing if he hadn’t really crossed the line.
District Attorney French told reporters: “It’s unfortunate that he took matters into his own hands instead of waiting for the penal system.”
“Our belief is that based on what we know – the allegations and the report – there was no legitimate request for self-defense under the law,” he added.
The indictment was adjourned until next Monday at the request of Velazquez’s legal team.
Velazquez will continue to be detained without bail due to the gravity of the charges. The judge approved three restraining orders against the people in the car in which Velázquez is accused.
Velázquez remains in prison on charges of attempted premeditated murder and other related charges.
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