GILROY
– Attorneys in the trial against two Gilroy High School youth
accused of beating a fellow student made their final arguments in
court Monday.
GILROY – Attorneys in the trial against two Gilroy High School youth accused of beating a fellow student made their final arguments in court Monday.
Scott Christenson, representing the defendant who allegedly used the piece of wood, did not dispute his client’s involvement in the fight, but said his client only used a weapon out of self defense. Meanwhile, Patrick Hoopes, who represents the other suspect, said there is reasonable doubt regarding his client’s involvement.
The fight occurred at the beginning of a fifth-period physical education class behind the home-side bleachers of Mustang Stadium on June 12. In the incident, one of the defendants 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.
Judge Edward Davila will review the case and make his decision Thursday, July 24. The defendants are facing felony charges of assault with a deadly weapon. If convicted, they could face four years in custody. The punishment for the student who used the piece of wood could be enhanced by another three years.
Christenson said that his client used the wood to defend himself against a group who approached to help the victim.
Christenson called a Gilroy High School student to testify. By establishing the witness’s relationship with defendants and the victim, Christenson attempted to show the victim was an equal participant in the fight.
He also stated that the victim’s injuries were not significant or substantial and that no great bodily injury enhancement should be added to his client’s charges. Prosecutor Emann Chan argued that photos of the victim and his testimony are enough to show great bodily injury.
Hoopes said that there is enough evidence to show reasonable doubt that his client was involved in the fight. A witness testified on July 14 that he was with the defendant during fifth period in an auto mechanics class. Hoopes also entered a 911 dispatch tape from the incident into evidence. He tried to establish when the helicopter arrived on campus to compare it with witness testimony.
Chan submitted that Hoopes’s alibi is false. In previous testimony, the victim and other witnesses placed both defendants in the fight. She called two Gilroy High School campus supervisors who described their involvement in the incident. One of the campus supervisor’s testimonies conflicted with the alibi’s testimony.
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.