[autotag]Cain Velasquez[/autotag] is a free man – for now.
A Santa Clara County (Calif.) judge granted the former UFC heavyweight champion bail Tuesday after a pre-trial hearing that stretched nearly 13 hours over the course of two days.
“This incident is extremely serious but appears to be isolated behavior by Mr. Velasquez,” Judge Arthur Bocanegra said. “There is also a viable heat of passion defense.”
Terms of Velasquez’s release include a $1 million bail, GPS monitoring and compliance to an extended set of terms – no weapons, TBI/CTE outpatient treatment, counseling, search and seizure conditions, and a protective order to stay a minimum of 300 yards from alleged victims 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,” Bocanegra said. “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 replied, “I won’t, your honor.”
District Attorney’s Office prosecutor Aaron French long argued Velasquez’s actions reckless and cited the time of day, the traffic frequency, and the proximity to a charter school. French also indicated he thought there was nothing preventing Velasquez from “finishing the job.”
Velasquez, 40, has been jailed for over eight months while he faces a handful of charges, including attempted murder, for allegedly shooting at a car carrying Goularte, a man accused of molesting Velasquez’s 4-year-old son, and striking Goularte’s stepfather in the arm with a bullet.
His defense attorney, Mark Geragos, had previously requested bail three times but was shut down on each attempt. A writ petition submitted to a California appellate court also was denied. Geragos expressed his relief after the judge’s decision.
“We’re gratified, and he’ll be able to go home and start the healing process,” Gergaos said, according to NBC Bay Area. “It’s been a long slog, and after eight months he’s finally going home.”
Geragos later told MMA Junkie in a text message, “It’s been quite a fight, but today is a good day.”
Mark Geragos after @cainmma was granted bail:
“We’re gratified and he’ll be able to go home and start the healing process. It’s been a long slog and after 8 months he’s finally going home.”#ufc#mma pic.twitter.com/EzLlwJAQiM
— Damian Trujillo (@newsdamian) November 8, 2022
The pre-trial hearing was initially set with the purpose of a judicial review that there was probable cause for the charges to go to trial. Five police officers were called as witnesses Monday by the DA and painted a picture of their perspectives of the alleged incident.
The officers, who had interactions with Velasquez, confirmed his cooperation during the process, including pulling over his vehicle and placing himself on the ground prior to lights and sirens, admission of the possession of a firearm, and his submission into potential insight to his motive. These details apparently resonated with Judge Bocanegra.
While the prosecution largely led the events of the hearing Monday, Velasquez and Geragos were given opportunity to present their own exhibits and motions Tuesday. While Geragos declined to call a witness, he made two motions. One was to dismiss a charge of premeditated attempted murder and one for bail.
The dismissal motion was thrown out, but bail was ultimately approved.
Velasquez is scheduled to be arraigned Nov. 21 when he is due back in court.
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