GILROY
– The judge in the trial against two Gilroy High School youth
accused of beating a fellow student allowed the case to be
continued until Monday.
GILROY – The judge in the trial against two Gilroy High School youth accused of beating a fellow student allowed the case to be continued until Monday. The continuance will give the attorney representing the boy who didn’t wield a weapon in the attack, Patrick Hoopes, more time to investigate his client’s possible alibis.
The defense lawyers tried to clarify events leading up to the alleged assault when they continued their cross-examination of the victim for a second day in San Jose Juvenile Court Tuesday. The victim spoke through a Spanish translater, although on Monday he didn’t have assistance.
The juveniles fought before a fifth-period physical education class behind the home-side bleachers of Mustang Stadium June 12. In the incident, one of the boys allegedly hit the victim across the forehead several times with a large piece of wood. The victim was flown to San Jose Medical Center and received 20 stitches.
Attorney Scott Christenson, who represented the defendant that allegedly used a large piece of wood, questioned the victim about what happened on June 12.
The victim said he and a group of classmates were located on top of a hill overlooking the GHS football field during a fifth period physical education class. He heard from a friend that the boy who allegedly used the weapon wanted to fight. The victim then walked further down the hill and said, “Why don’t you like us, we don’t belong to any gang? I don’t want to resolve it like this.”
The victim said he did not throw the first punch and fought back out of self defense. He said the other defendant joined the fight.
Christenson tried to establish that some information may have been fed to the victim. When Christenson asked if classmates came down the hill toward the fight, the victim replied that he was told this by classmates after the fact.
After questioning, the victim left the courtroom but could be called back to the stand later in the trial. His parents also left after his testimony.
Prosecutor Emann Chan then called a GHS student as witness to the incident who identified both defendants in the courtroom and stated their involvement in the fight. He also said that he and another witness were brought to the school office for questioning by a Gilroy police officer.
Hoopes asked if information was fed to the witness. The witness clarified that he told the police what happened himself. He said he did not discuss the incident with students or anyone else and indeed able to see the students’ faces during the fight.
Hoopes also questioned the witness about how often he had seen his defendant. The witness said he couldn’t count but that he saw him maybe six times a week.
The defendants are facing felony charges of assault with a deadly weapon. If convicted, they could face seven and four years in custody, respectively. The punishment for the student who used the piece of wood could be enhanced by another three years.
Both defendants were arrested by Gilroy police June 12 – one at GHS and one hiding in the attic of an undisclosed residence. Each will remain in custody at juvenile hall in San Jose until the case is resolved.
