The long-awaited pre-trial hearing of former UFC heavyweight champion Cain Velasquez continues Tuesday in San Jose, Calif..
The session comes after an overnight recess on the heels of hours of witness accounts and questioning of five responding police officers during Day 1.
Velasquez has been jailed for nearly eight months while he faces a handful of charges, including attempted murder, for allegedly shooting at a car carrying Harry Goularte, a man accused of molesting Velasquez’s 4-year-old son, and striking Goularte’s stepfather in the arm with a bullet.
Monday, numerous first-hand and second-hand perspectives of the chase were described for the first time. Surveillance camera footage of the alleged start of the pursuit was shown. It was also revealed Velasquez alleged to police that his son was not the only child molested by Harry Goularte.
Tuesday’s hearing is underway. Scroll below for a recap of what happened during Day 1 and live updates of Day 2, which is going on right now.
Day 1 - (12:47 p.m. ET) The hearing is about to begin
The hearing for former UFC heavyweight champion Cain Velasquez is about to begin with Judge Arthur Bocanegra presiding.
Velasquez is represented by attorneys Mark Geragos, Alexandra Kazarian and Renee Hessling.
The Santa Clara County (Calif.) District Attorney’s office is represented by Aaron French.
Familiar MMA faces in the courtroom include AKA coach Javier Mendez, UFC middleweight Abubakar Nurmagomedov, UFC featherweight Gabriel Benitez, and former Bellator bantamweight Shawn Bunch.
Day 1 - (12:51 p.m. ET) Responding officer Pires gives account
French calls Morgan Hill (Calif.) police officer Sergio Pires as a witness and questions him about his training with firearms.
Geragos interjects and expresses displeasure in the line of questioning, indicating the DA’s office is using him as an expert rather than a witness.
Pires describes responding to a dispatch of a truck chase northbound toward San Jose. Upon arrival, Pires says he witnessed the pursuit and pulled a U-turn to get behind it.
When he pulled behind the rear truck, he says it pulled over and out came Velasquez, who laid in a prone position in cooperative surrender.
#NEW
First witness to testify in the @cainmma preliminary hearing is @MorganHillPD Sgt. Sergio Piras, first on the scene. Says Velasquez exited his truck with hands in the air, then voluntarily laid on the ground in prone position. pic.twitter.com/VZUvwAiH3h— Damian Trujillo (@newsdamian) November 7, 2022
Day 1 - (1:08 p.m. ET) DA brings out exhibits
This image of Velasquez’s truck was not shown as an exhibit in court, but was acquired as part of past court documents retrieved by MMA Junkie.
French requests a series of photo exhibits be entered as evidence for the sake of the pre-trial hearing.
Officer Pires identifies the images, which depict damage to both vehicles. He says a .40-caliber gun, magazines and shell casings were found inside Velasquez’s car. Additionally, he mentions bullet holes were found in Velasquez’s windshield, consistent with a path from inside the vehicle to outside.
Pires then confirms images of the truck that allegedly carried Goularte as having bullet holes in its side. Blood is seen on the driver’s side seat.
French brings up a map, which shows an image of Charter School of Morgan Hill, which he says was along the route of the alleged incident and shooting.
Day 1 - (1:25 p.m. ET) Geragos calls out the map
Note: The above map is not the exact exhibit shown by the prosecution. MMA Junkie used Google Maps to recreate a similar image of the map area.
Geragos circles back to the map. Geragos asks Pires if he saw Velasquez on that map. Pires says no.
Geragos questions the physical logistics of the bullets and asks for further details about the alleged incident and specifically what Pires did/didn’t see.
When Pires is unable to answer some of the specifics, Geragos brings up the previous line of questioning from French that asserted Pires’ firearm expertise.
Pires reveals he was a UFC fan prior to the incident and recognized Velasquez midway through their interaction.
Geragos asks Pires if his department ever writes “scripts” for witnesses. Pires says he is not aware of that happening.
Geragos asks French if any forensic studies were done to determine if the holes in the trucks were from bullets. French says no, then confirms he was speculating.
Day 1 - (1:58 p.m. ET) Recess called
Following the conclusion of the questioning of Pires, a recess is called.
Day 1 - (2:20 p.m. ET) A second responding officer describes injuries
French calls Morgan Hill patrol officer Todd Davis as a witness.
Davis says he responded Feb. 28 to a call of a chase at approximately speeds of 100 miles per hour.
En route, Davis says he received an update from Pires that the suspect, Velasquez, was detained.
Upon arrival at the scene, Davis says he saw Harry Goularte, Patricia Goularte and Paul Bender.
Davis describes Bender “being wheeled toward the ambulance” with “his right tricep of his arm being bandaged by medics.”
Davis begins to describe what Bender told him, but Geragos objects. Geragos points out that Bender has put forth a motion to stay and asks the judge to disallow any statements related to Bender as a result thereof.
French responds to what Bender says should still be allowed and cites previous cases.
Geragos objects further. Defense attorney Hessling goes into further depth about a past case, People vs. Irwin (1984). Hessling says by allowing Bender’s statement to the officer without him being a witness, the defense is prevented from confronting and examining Bender, which renders them unable to put up a fair defense.
Judge Bocanegra overrules the objection by the defense, but says the information provided by Bender can be struck down later.
Davis returns to describing the scene. He says Bender identified the shooter as “Cain Vasquez” and claimed to be shot twice.
Day 1 - (2:39 p.m. ET) Nest videos of chase's alleged start played
Officer Davis describes witnesses’ interviews about the incident, including Patricia Goularte.
French asks Davis about an interview with Ivor Griffiths, an individual who submitted video from a “Nest” camera to police. The camera allegedly pointed at the household Goularte left before he was pursued by Velasquez. The house is described as belonging to Patricia Goularte’s friend “Betti.”
The prosecution plays two video clips. The first shows two children playing in a backyard, with a street visible. The officer describes the Goulartes entering the vehicle and driving away. Moments later, a black truck follows. A second video shows a black truck pulled over, hovering outside of a house.
The DA then pivots questioning of the officer to another witness, Joel Rojas, who claims he was “cut off” by a truck in traffic, then “really cut off” by a second truck.
Day 1 - (2:56 p.m. ET) Lunch break
The court calls recess for lunch. Session is expected to resume at 4:30 p.m. ET.
Day 1 - (4:40 p.m. ET) Geragos questions Davis
Geragos brings up the two video clips and cross-examines officer Davis.
He mentions how the household Goularte allegedly left to get in Bender’s truck was that of a friend named “Betti”.
Geragos presses Davis about the angles of the videos and how he did not vet the film itself, but rather left it up to Griffiths to clip and send himself.
Geragos also questions the timing of the videos and the assumption the clips align in the same time period. Davis admits he did not do much background checking of Griffiths.
Since the video of Goularte entering the vehicle does not show Velasquez’s truck allegedly stop, Geragos argues it cannot be assumed the two videos align.
Davis recounts how Bender told him that Velasquez had an issue with Harry Goularte because Velasquez “thought” Goularte assaulted Velasquez Jr.
Davis says he did not find casings at the intersection in which Rojas indicated shots were fired. Geragos claims Davis contradicted himself by saying Rojas gave him a general location, then also saying the location was detailed.
Davis confirms past police report statements which paint a picture of the Goulartes and Bender inside the car during the alleged pursuit, in which Patricia Goularte called 911.
Day 1 - (5:12 p.m.) Third police officer recounts Velasquez conversation
DA attorney French calls Morgan Hill police officer Nathaniel Rodriguez as a witness.
Rodriguez says he arrived on scene after Velasquez was detained. He says he spoke to Velasquez on scene. Rodriguez says Velasquez told him Velasquez Jr. was a victim of molestation and was a member of Patty’s Daycare, which is where the the molestation took place. According to Rodriguez, Velasquez told him Harry Goularte was the molester.
.@MorganHillPD Officer Nathan Rodríguez is the one who handcuffed @cainmma at the scene. Said he was cooperative and, after being Mirandized, told him Harry Goularte had molested his close family member and other children at the Goularte day care center pic.twitter.com/a3vYjFNzvw
— Damian Trujillo (@newsdamian) November 7, 2022
Day 1 - (5:17 p.m. ET) Officer: Velasquez mentioned other victims
During cross-examination by Geragos, officer Rodriguez confirms Velasquez told him there were multiple molestation victims, besides his son.
While Geragos had previously alluded to the potential of other alleged Goularte molestation victims, the mention is the first of its kind during court proceedings.
Rodriguez confirms Velasquez told him Velasquez Jr. was not the same personality-wise after the alleged incident.
Rodriguez says Velasquez was cooperative and respectful throughout the process.
Day 1 - (5:25 p.m. ET) San Jose police department officer gives account
San Jose Police Department officer Yanick Barela Mendes is next up as a witness.
Mendes confirms to French that four shell casings were found at the previously mentioned intersection near Charter School of Morgan Hill.
Geragos asks Mendes about his interview of Patricia Goularte. Mendes recounts Patricia Goularte’s description of the alleged high-speed chase. According to Mendes, Patricia Goularte told him Velasquez pursued her and her husband Bender prior to them picking up Goularte at her friend “Betti’s” house.
There is a discrepancy between the number of shell casings found in the report and what the officer recollects. It is clarified by the officer that the report is inaccurate and that there were three, not four, casings found.
Day 1 - (5:45 p.m. ET): Recess called
Geragos requests a recess, which the judge grants.
Day 1 - (6:20 p.m. ET) Bender's hospital interviewer questioned
After returning from a break, San Jose Police Department officer Scott McNulty is next up as a witness.
French asks McNulty about his half-hour interview with Bender in the hospital. According to McNulty, Bender said he recalled seeing Velasquez drive past him and Patricia Goularte while en route to picking up Harry Goularte. Bender then noticed Velasquez was following them. At one point, Bender said he noticed Velasquez opening his driver-side door. After picking up Harry, a high-speed chase took place. Bender told McNulty several shots were fired by Velasquez as he pulled to the passenger side of the vehicle at an intersection.
Geragos asks McNulty if Bender told him why he thought Velasquez chased and shot at them. McNulty responded that he did not. Geragos asked McNulty to clarify that Bender did not give a specific number of shots that were fired.
Geragos and French go back and forth objecting to clarify when a call to 911 was placed.
Day 1 - (7 p.m. ET) Recess called
The court calls recess for the day. The session is expected to resume Tuesday at 1 p.m. ET. Velasquez is ordered to appear an hour prior at noon ET.
This live blog will resume updates when the court hearing resumes.
Day 2 - (1:00 p.m. ET) Waiting...
Day 2 of the Cain Velasquez pre-trial hearing should begin any moment.
The prosecution is not expected to call any more witnesses. Meanwhile, Velasquez’s lead attorney Mark Geragos told NBC Bay Area outside the courthouse yesterday he wasn’t pleased with the process being dragged out, which indicates today’s hearing will likely be briefer than yesterday’s.
Stay tuned…
Day 2 - (1:20 p.m. ET)
We’re underway once again.
French asks to show enter exhibits of Paul Bender’s medical records into evidence. French asks it be filed under seal thereafter. Geragos objects.
The judge allows the exhibits be entered into evidence, but that the documents will not be sealed thereafter.
The prosecution says it has no more witnesses.
Day 2 - (1:29 p.m. ET) Geragos asks for dismissal of premeditated attempted murder charge
Geragos says the defense will not be calling witnesses, but indicates he’d like to make two motions: one to dismiss Count 1 charge, one to make a motion for bail.
The judge asks to hear the dismissal motion first. Count 1 is attempted premeditated murder.
Geragos brings up details of the alleged chase, in an effort to challenge the premeditated aspect.
- Velasquez waited for Goularte to get in the truck before he pursued.
- Velasquez rammed the car, rather than shoot into it.
- Velasquez was compliant to police when they arrived.
- Velasquez immediately told the police his motive: his son’s alleged molestation, which Geragos points to as a definition “crime of passion.”
French responds and says Velasquez “essentially stalked them,” as he talks about the Goulartes and Bender. French says Velasquez spent days plotting his “revenge” and surveilled the family to find out where Goularte was staying (Patricia Goularte’s friend Betti’s house).
Geragos responds with questions about how Velasquez would know where Goularte was. He calls the encounter “chance” and says, “It’s obvious this was a chance meeting.”
“There is a complete absence and a complete collapse when it comes to Count 1,” Geragos adds.
Day 2 - (1:49 p.m. ET): Pre-decision recess called
After the motion to dismiss Count 1 is presented, Judge Bocanegra and Geragos agree to wait until the judge rules on the pre-trial matters at hand and the motion to dismiss before a motion for bail is presented.
The judge asks for a 45-minute recess while he makes his ruling.
The hearing will reconvene at 2:30 p.m. ET.
Day 2 - (2:34 p.m. ET) Judge's maintains charges
The hearing resumes.
Judge Bocanegra rules that all charges (including Count 1) will remain and go to trial. However, the judge acknowledges there may be a “crime of passion” argument, should more evidence surface.
Velasquez will now go to trial.
Day 2 - (2:44 p.m. ET) Geragos argues for bail again
Geragos runs through his pitch for bail, which has been made and shut down three times before by Santa Clara county courts, only this time it’s front of a different judge.
Geragos says Velasquez is no threat to Goularte and has no idea where Goularte is.
“There is a compelling defense in this case,” Geragos adds. “He has an outpouring of support.”
Geragos says the DA has a “schizophrenic” problem, prosecuting both the Velasquez and Geragos.
Geragos brings up Velasquez’s son needing his father.
Day 2 - (2:52 p.m. ET) Recess
The judge asks if he can review past court documents. Geragos permits him.
The hearing will go on recess until 5 p.m. ET.
Day 2 - (5:04 p.m. ET) French responds to Velasquez's request for bail
After recess concludes, the judge gives French time to respond to Geragos’ request for bail.
French recaps how Velasquez was denied bail multiple times and mentions how Velasquez’s cooperativeness in the case was made apparent in the initial police report. French says that aspect is not new.
French adds, “As long as he is alive, Harry Goularte is a potential victim.”
After verbally viewing the previous denials by judges, French asks the judge to once again deny Velasquez bail.
Day 2 - (5:25 p.m.) A fired up Geragos responds
In perhaps his most fired-up and animated argument during any Velasquez legal proceeding, Geragos criticizes the language of French.
Geragos says Velasquez was not “pulled over” but rather got out on his own.
Geragos says Velasquez was not “caught” but rather got out on his own.
Geragos asks Judge Bocanegra to make a ruling based on what was presented during this hearing, not past rulings.
Geragos asserts Velasquez acted impulsively and will work on impulse control.
Geragos says French is putting forth a “parade of horribles,” things that didn’t happen but “could’ve” rather than what did happen.
Day 2 - (5:30 p.m.) French says he's being misreprented
The judge gives French time to respond.
French says the defense mischaracterized his previous statements. French says he’s been clear in saying Velasquez is a threat.
French says an ankle monitor is only good in figuring out where someone went after they went there, so Velasquez is still a threat.
Day 2 - (5:33 p.m. ET) Judge gives insight, asks for recess
Judge Bocanegra calls Velasquez’s actions “extremely serious” and says he will make his own individual ruling – not based on past rulings.
He says the decision will not be based on Goularte, nor the emotions of the situation – but rather the danger presented.
The judge asks for a 10-minute recess, so he can make his decision.
Day 2 - (5:54 p.m.) Velasquez granted bail
Judge Bocanegra indicates he understands the danger Velasquez showed – but that he views it as an isolated incident.
Due to Velasquez’s previous criminal history (none), his status as a father with children, his flight risk status (low), and his previously proposed set of stipulations.
Velasquez is granted $1 million bail, with conditions.
- An amount of bail of $1 million cash or bond
- home detention with GPS monitoring
- TBI/CTE outpatient treatment through Windwills Wellness Ranch, counseling
- support group for victims of sexual abuse
- search and seizure conditions
- no weapons
- compliance4 with the protective order and stay a minimum of 300 yards from Harry Goularte, Patricia Goularte, and Paul Bender.
The judge reiterates that he wouldn’t have made this decision if he wasn’t sure Velasquez would risk losing access to his family. He also mentions the support from the public as means to not act out again and let those people down:
“Mr. Velasquez, I would not release you if I was not convinced that upon a release at this time, eight months later, that you would be a danger to Harry Goularte primarily, Patricia Goularte or Paul Bender. If you are as devoted a husband and father, I’m confident and have to believe you will not jeopardize anything that would take you away from your son, your daughter, your family. I hope you don’t prove me wrong.”
Velasquez responds, “I won’t, your honor.”
The prosecution argues against Velasquez’s home detention, citing Goularte’s house’s proximity.
The judge says the orders he’s imposed will remain.
Day 2 - The judge's full order
“I have undertaken an individualized consideration of the relevant factors as they relate to Mr. Velasquez. I considered the protection of the public as well as the victims in this case, the seriousness of the charges and allegations, Mr. Velasquez’s previously criminal record of criminal history and complying with court orders, and the likelihood Mr. Velasquez will appear at future court hearings. With the consent of the defense, the court has reviewed the file for the purposes of this hearing. I will note that Mr. Velasquez is 40 years old, married with two young children, he has no criminal history. Based on what the court has reviewed, this incident is extremely serious and appears to an isolated incident of behavior on the part of Mr. Velasquez, directly connected to the sexual assault of his four-year-old son and his son’s friends. As I mentioned, although the charges and allegations are extremely serious and dangerous, there is also a viable heat of passion defense. Mr. Velasquez has an enormous amount of support from members of the community as reflected by the many letters written by people on his behalf. The court does not find that Mr. Velasquez is a flight risk. Based on everything that has been presented to the court at this time, the court does not find by clear and convincing evidence that there is no conditions or accommodation conditions or amount of bail that will not protect the public or the victims or ensure Mr. Velasquez’s attendance for trial. Based on what Mr. Velasquez has proposed, the court is going to impose as a condition of his release, an amount of bail of $1 million cash or bond, home detention with GPS monitoring, TBI/CTE outpatient treatment through Windwills Wellness Ranch, counseling, and/or support group for victims of sexual abuse, search and seizure conditions, no weapons, and also comply with the protective order and stay a minimum of 300 yards from Harry Goularte, Patricia Goularte, and Paul Bender. Mr. Velasquez, I would not release you if I was not convinced that upon a release at this time, eight months later, that you would be a danger to Harry Goularte primarily, Patricia Goularte or Paul Bender. If you are as devoted a husband and father, I’m confident and have to believe you will not jeopardize anything that would take you away from your son, your daughter, your family. I hope you don’t prove me wrong. This is obviously over the people’s objection. I am going to direct his counsel to put the conditions of the court order on pre-trial services… Mr. Velasquez, I’m going to order that you contact pre-trial services within 24 hours of your release and arrange for the GPS.”
