GILROY
– One of two Gilroy High School students accused of fighting
with a fellow student during a physical education class was found
guilty of assault with a deadly weapon in Santa Clara County
Juvenile Court Thursday. Judge Edward Davila found the second
student not guilty of assault with a deadly weap
on and released him from custody.
GILROY – One of two Gilroy High School students accused of fighting with a fellow student during a physical education class was found guilty of assault with a deadly weapon in Santa Clara County Juvenile Court Thursday. Judge Edward Davila found the second student not guilty of assault with a deadly weapon and released him from custody.
The student who was found guilty could be sentenced to up to four years in custody for the felony of assault with a deadly weapon. The judge also found him guilty of an enhancement charge of causing great bodily injury, which could add another three years to his sentence. He is scheduled to be back in court Aug. 25 for sentencing.
In the meantime, he will be placed in a locked facility for youth offenders. His attorney Scott Christenson requested the defendant be evaluated for alternative programs.
“I’m sad,” said the defendant’s mother. She and her son cried as Davila rendered his decision, and afterward the two said a tearful good-bye. “I don’t know what happened. It’s not fair. The charge says he’s a criminal. He’s not a criminal.”
She was with her son’s girlfriend who hasn’t had contact with him since he was arrested by Gilroy Police on June 12.
The two 16-year-olds, whose names are not being released by the court because they are juveniles, were accused of fighting at the beginning of a fifth-period physical education class behind the home-side bleachers of Mustang Stadium on June 12. The student with the enhancement charge, hit the victim across the forehead several times with a large piece of wood. The victim was flown by helicopter to San Jose Medical Center and received 20 stitches.
Judge Davila did not charge the second student with a crime, citing reasonable doubt. Three witnesses’ testimonies, including a campus supervisor, placed the defendant in the auto mechanics class around the time of the incident. On Thursday, he was released from custody at juvenile hall.
“I feel happy because he’s out. I give all my support to my son,” said his mother, who was so overjoyed at the judge’s decision that she hugged several people in the courtroom, including the bailiff.
In closing arguments Monday, Christenson didn’t deny his client was a participant in the fight, but did argue that his client used the wood for self defense.
Patrick Hoopes, who represents the other suspect, argued there is a reasonable doubt that his client was involved in the fight. He called GHS students to testify, trying to prove that his client may not have been present during the fight. One student said he and the defendant were in each others’ sight in auto mechanics class until a helicopter flew overhead. A campus supervisor testified to picking up the defendant from the auto class.
Prosecutor Emann Chan submitted that Hoopes’ witness’ testimony is false. In previous testimony in the cast that began July 7, the victim and other witnesses placed both defendants in the fight. In addition. a second campus supervisor’s testimony conflicted with Hoopes’ testimony.
In a previous story, Roger Cornea, Gilroy Unified School District’s student services safety officer said the two boys – as well as the victim – would likely be expelled from school.
“Anytime there is serious physical injury it is likely the perpetrators will be expelled,” Cornea said. “There’s no doubt there was serious physical injury in this incident. So the decision has been made that they will eventually be expelled.”
