Former UFC champ Cain Velasquez tried to shoot man suspected of molesting 4-year-old relative: court
SANTA CLARA COUNTY, Calif. (KGO) -- Court documents are revealing a possible motive in the San Jose shooting on Monday that led to the arrest of Cain Velasquez. The former UFC champion reportedly shot into a car, aiming for a man accused of molesting a 4-year-old relative, but hit someone else.
The man, who was in the car with two others at the time, was taken to the hospital with non-life threatening injuries after the shooting near Monterey Road and Bailey Avenue.
According to the court documents, the target of the shooting - 43-year-old Harry Goularte - is facing felony charges for reportedly molesting a child who is a close relative of Velasquez. He was unharmed in the shooting, authorities say.
"(Velasquez') actions on February 28 were very reckless," Prosecutor Aaron French said. "It's unfortunate that he took the case into his own hands rather than waiting on the criminal justice system."
Goularte was arraigned in Santa Clara County Superior Court on Feb. 25. He was released under the conditions that he stay on house arrest in Morgan Hill, stay 100 yards away from any child under 14, and wear an electronic monitoring bracelet.
He was on his way to get the monitor when Velasquez attempted to shoot him during an 11-mile high-speed chase, according to authorities.
Goularte's stepfather, 63, was struck once in the driver's seat, but is expected to survive.
Goularte's mother operates a home daycare center that Velasquez has been a client of for two years, where the molestation allegedly took place. SKY7 got video of the home, which has a large play structure and a baseball diamond in the backyard.
Goularte didn't work the daycare, but he lived inside the home.
"After deputies interviewed the 4-year-old child and other parties involved at this daycare, they later determined that a sexual assault occurred," Santa Clara County Sheriff's Deputy Russell Davis told ABC7 News.
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California's Department of Social Services (CDSS) shared information about the center and its last inspection. According to a care facility search, the most recent inspection was January 11.
According to the Facility Evaluation Report, a supervisor made a note about the home's residents. We have removed sensitive information from the statement, indicated in the parenthesis:
"Licensee states that adults over the age of 18, residing in the home are: herself, her spouse (name removed), and her son (Harry Goularte). All adults residing in the home have Criminal Background Check Clearance, signed Criminal Record Statements (removed), and TB Test."
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Deputy Davis said Goularte's mother voluntarily shut down the daycare for the on-going investigation.
"As of right now, we have about 20-plus juvenile children that come and go throughout this daycare," he added.
Coinciding with the day of the shooting, CDSS served Goularte with an immediate Exclusion Order.
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According to the document, shared with ABC7 News, it demanded Goularte be removed from the home, and have no contact with clients of any childcare facility.
"The Department has determined that the continued or future contact with clients or presence in any child care center or residential facility licensed by the California Department of Social Services constitutes a threat to the health and safety of the clients in care," the letter to Goularte read.
The decision to release Goularte on SORP was against the advisement of the Santa Clara County District Attorney's office.
"Our office requested that that defendant in that case be detained as well because we believed he was also a risk to public safety," Santa Clara Co. Asst. DA Angela Bernhard said. "The court disagreed with us and he could be released without bail."
The former UFC Champion made his first court appearance today in San Jose.
A large crowd of supporters wearing "Free Cain" shirts filled the courtroom -- many of them Velasquez's teammates and training partners at AKA in San Jose.
"He's a good person and everybody knows it, especially everyone close to him and related to him," Training teammate David Dzasokhov said. "We just know that he would never have done such a thing if the person didn't really cross the line. Like really cross the line."
County Prosecutor French told reporters, "It's unfortunate that he took the case into his own hands rather than waiting on the criminal justice system."
"It's our belief that based off of what we know- the allegations and the report- there was no legitimate claim of self-defense under the law," he added.
Arraignment was postponed until next Monday at the request of Velasquez' legal team.
Velasquez will continue to be held without bail due to the severity of the charges. The judge approved three restraining orders from the people in the car Velasquez is accused of following.
Velasquez remains in jail, charged with attempted, premeditated murder, and other related charges.
