Cain Velasquez has pleaded not guilty to attempted murder and other gun-related charges.
A former UFC heavyweight champion, Velasquez entered his plea Friday at the Santa Clara (Calif.) County Hall of Justice in San Jose, Calif. Judge Jessica Delgado presided over the plea hearing. Velasquez now is set for a pre-trial hearing Sept. 26. An appeal of his denial of bail remains pending in appellate court.
Velasquez was arrested Feb. 28 after he allegedly pursued and fired a gun at a car containing three people, including Harry Goularte, a man accused of molestation of Velasquez’s 4-year-old son. Goularte, who was out on bail after an arrest for “lewd acts with a minor under the age of 14,” was not shot. However, Goularte’s stepfather, Paul Bender, was struck in the shoulder with a bullet allegedly fired by Velasquez.
An Aug. 29 motion hearing was also set for Velasquez. That hearing will be held in-camera (in private chambers). His attorneys and representatives from the Santa Clara County district attorney’s office continue to spar over the relevance of documents pertaining to Goularte’s arrest, including interviews with the minor pertaining to the Goularte’s alleged sexual abuse.
Friday, DA attorney Aaron French argued only a portion of the Goularte investigation should be included in the Velasquez case discovery because it’s an ongoing investigation and one that involves the integrity and privacy of minors.
Additionally, Velasquez defense attorneys Alexandra Kazarian and Renee Hessling and French butted heads over the DA’s plan to not call Goularte to testify as a witness.
“Harry Goularte was fundamental and critical to what he observed and how that investigation against Mr. Cain Velasquez happened,” Hessling said. “To say that he should just be completely excised from this equation and pretend that he does not exist and just completely dismiss his presence or what type of role he has in that, I think is a fiction. I don’t think that that is practical. I think it’s fundamentally unfair to Mr. Velasquez.”
Both of those matters will be discussed at the Aug. 29 in-camera hearing.
Velasquez, 40, faces charges of attempted murder (one count), shooting at a motor vehicle or aircraft (one count), assault with a firearm (three counts), assault with a deadly weapon (three counts), willfully discharging a firearm from a vehicle (one count) and carrying a loaded firearm with intent to commit a felony (one count).
If found guilty of attempted murder, Velasquez faces a minimum of 20 years and up to life in prison, according to the California penal code. He faces additional time if found guilty of other counts.
On three occasions since his arrest, Velasquez has gone before a judge to ask for bail. All three times, he was denied. Judge Shelyna Brown, who presided over the bail hearings, cited his alleged “reckless” actions and public safety concerns as her reasons for the denials.
In June, Goularte entered a not guilty plea for his felony charge. He is due back in court Sept. 20. A separate civil lawsuit filed by the Velasquez family against the Goulartes, Bender and their businesses is set to have a court hearing Sept. 6.
