GILROY
– The attorney representing one of the youth accused of beating
a fellow Gilroy High School student tried to prove his client
wasn’t even at the fight in court Monday.
GILROY – The attorney representing one of the youth accused of beating a fellow Gilroy High School student tried to prove his client wasn’t even at the fight in court Monday.
Patrick Hoopes represents the suspect who police say didn’t use a weapon in the fight that 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, the second suspect hit the victim across the forehead several times with a large piece of wood, police say. The victim was flown to San Jose Medical Center and received 20 stitches.
Three GHS students were called to the witness stand to testify that Hoopes’ defendant walked into the auto mechanics class a few minutes into fifth period on June 12. Earlier, Hoopes delayed the trial a week to subpoena the witnesses to appear in court Monday to provide an alibi for his client.
The first, a Hispanic female, said she watched the defendant enter the auto mechanics classroom before she walked to her physical education class at the football stadium. Later that period she heard classmates yelling during a fight.
The second witness, a Hispanic male, testified that he walked the defendant into the auto mechanics class before being asked to leave. Then, he said he accompanied another friend to a physical education class where he remembered there was a fight.
The last witness, a Caucasian male and auto mechanics student, testified that the defendant was in the class during the fight. He said that he, the defendant and one other student cleaned a section of the auto mechanics shop and were in each others’ sight until a helicopter flew overhead. The victim was transported via helicopter to San Jose Medical Center. The witness said he notified his teacher, a campus supervisor and an office attendant of the defendant’s presence in the auto mechanics class after the defendant was pulled for questioning.
The witness and the other student weren’t questioned by police.
The trial will resume Monday to allow time to transcribe the 911 dispatch tape for the attorneys.
Earlier in the trial, the victim and one other witness were called to the stand. Both defense attorneys tried to establish the victim as an equal participant in the fight. Prosecutor, Emann Chan questioned the victim to show he was protecting himself.
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.
