The information below was sent out via email by Attorney Jess Araujo to Latino community leaders in Orange County. Apparently a Latino was beat up by attackers who appear to have had racial motivations for the attack, yet a Judge dismissed the felony charges and the Hate Crime charges. See the information below for the entire story. This same Judge, Thomas Goethals, will sentence the three convicted criminals at 8:30 a.m. on December 19, 2008 in Department W-9 of the Orange County Superior Court in Westminster.
The OC Weekly covered this story back in September and offered this detail about the attack: “Go back to Mexico, you wetback!” they shouted at Felipe Alvarado, who was on his way to work as the night-shift janitor at an In-N-Out Burger in Garden Grove, according to police records. Alvarado, an *illegal immigrant, rolled up his windows in fear and drove away when the light turned green. The group followed him to the fast food restaurant parking lot, where the three men viciously assaulted Alvarado while yelling racial slurs, according to prosecutor Scott Steiner, who heads the DA’s hate crimes unit.
Here is Araujo’s release:
James Kelly, Justin Mullens, and Cheyne Wilson were arrested and charged by the Orange County District Attorney with Felony assault for a racially motivated attack on an innocent Latino, Felipe Alvarado. These men were incited to viciously follow and attack Mr. Alvarado simply because he is a Latino. The attackers had been drinking at a local strip club into the morning hours and had a loaded firearm in their possession at the time. These perpetrators had prior criminal records and tried to flee when police arrived.
For unexplained reasons, Judge Thomas Goethals, sitting in the Superior Court in Westminster, California allowed these perpetrators to plead guilty to misdemeanor assault. He dismissed the felony charges and the Hate Crime charges, as well as the enhancement allegations for acting in concert and having a loaded firearm. The District Attorney rightfully objected and asserted that the Judges had no legal basis for this improper dismissal of the enhancement since no mitigating circumstances were offered or established.
SENTENCING OF THE THREE PERPETRATORS WILL TAKE PLACE IN DEPARTMENT W-9 OF THE SUPERIOR COURT IN WESTMINSTER ON DECEMBER 19, 2008 AT 8:30 A.M.
The courthouse is located at: West Justice Center
8141 13th Street
Westminster, CA 92683-4593
Department W-9
The community is urged to attend the sentencing proceedings in open court to demonstrate our interest and concern that justice is dispensed appropriately. We should fill the courtroom to require the judge to face our community and explain why the felony and hate crime charges were dismissed without, as the prosecutor pointed out, any mitigation.
FROM: ORANGE COUNTY DA OFFICE
SUBJECT: JUDGE REDUCES FELONY TO MISDEMEANOR AND DISMISSES HATE CRIME FOR THREE MEN CHARGED WITH BEATING, KICKING AND YELLING ETHNIC SLURS IN RACIALLY MOTIVATED ATTACK OF LATINO MAN
DATE: October 28, 2008
JUDGE REDUCES FELONY TO MISDEMEANOR AND DISMISSES HATE CRIME FOR THREE MEN CHARGED WITH BEATING, KICKING AND YELLING ETHNIC SLURS IN RACIALLY MOTIVATED ATTACK OF LATINO MAN
WESTMINSTER – Three men were convicted today of assaulting a Latino man in a racially motivated attack in an In-N-Out Burger parking lot. James Joseph Kelly, 27, California City, Justin Louis Mullins 24, Garden Grove, and Cheyne Danica Wilson, 26, Hesperia, pleaded guilty to the court to one misdemeanor count of aggravated assault. The assault, which was filed by the Orange County District Attorney’s Office as a felony, was reduced to a misdemeanor and the sentencing enhancements for committing a hate crime and causing great bodily injury were dismissed by the Honorable Thomas Goethals over the People’s objection.
In addition to the assault, Wilson pleaded guilty to one misdemeanor count of carrying a loaded firearm in public. Mullins pleaded guilty to one misdemeanor count of driving under the influence of alcohol and driving with a blood alcohol level of .08 percent or more. He has a 2005 prior strike conviction for criminal threats and a 2006 conviction for driving under the influence. Mullins, Kelly, and Wilson are scheduled to be sentenced Dec. 19. 2008, at 8:30 a.m. in Department W-9, West Justice Center, Westminster.
On Aug. 9, 2007, Kelly, Mullins, and Wilson were driving in two separate cars after a night of drinking at the Los Angeles Angels of Anaheim game and Larry Flynt’s Hustler Club in Westminster. At approximately 2:00 a.m., Kelly and Mullins, who were in the same car, pulled up to a red light next to Felipe Alvarado, who was on his way to work as the night shift janitor at In-N-Out Burger in Garden Grove. Wilson was in the other car. Kelly and Mullins yelled at the victim and taunted him with racial slurs. The victim attempted to avoid a confrontation by rolling up his window and driving away. The defendants followed him into the In-N-Out Burger parking lot, pulled Alvarado from his car, beat and kicked him as he was lying on the ground, and continued to yell racial insults.
A witness to the attack flagged down a police officer. Alvarado collapsed in the street as police arrived and was taken to the hospital. The defendants attempted to flee the scene but were stopped by officers. Wilson had a loaded firearm in his car. Mullins, who was driving Wilson’s car, had a .14 percent blood alcohol level.
The victim appeared in court after the plea and made a victim impact statement to the court. Alvarado explained that this attack has made him afraid to go out at night and that he is fearful that other people like the defendants might hurt or kill him. The victim also said that he continued to suffer back and head pain and has found it difficult to find work to support his children because of his injuries.
Deputy District Attorney Andrew Katz of the Special Prosecutions Unit is prosecuting this case.
This is quite disturbing to see a sitting judge let punks like this get off with nothing more than a slap on the wrist.
Look at how they want to pile on enhancement charges against Latino youth’s when they are involved in incidents such as these.
Perhaps the community should rise up and see to it that Thomas Goethals is removed from the bench.
It’s disturbing that these three thugs are roaming the streets. They should save their ire for the bandits of Wall Street.
Thank you for your coverage on this , Art. This is a true injustice. I hope all will make the time to attend and express outrage over this.
It’s really disconcerting to see this brand of hate alive and well in 2008.
Art, I’ll have forgotten this judge’s name by the time his re-election comes around. How about doing us all a favor by saving this post and putting it up again next time he asks the people to re-elect him as judge.
Perhaps everyone should let Judge Goethals know how they feel by sending him an email.
Tgoethals@occourts.org
When he ran for office in 2004 Judge Goethals posted that email address on http://www.smartvoter.org for voters to contact him. I am sure he won’t mind us contacting him now.
Who cares? We might as well close the prisons now and get used to criminals on the streets because the Republicans refuse to raise taxes to pay to have them incarcerated, refuse to raise taxes to hire enough police to arrest the criminals, and refuse to raise taxes to give our youth the kind of education that might keep them from preying on the most vulnerable amongst us.
This judge isn’t doing anything wrong he’s just ahead of the curve. Get used to it my fellow juicers, our State government can no longer borrow so we might as well close the doors.
In a word yes.
They will be treated to the same criminal justice system as anyone/everyone in our criminal justice system.
It’s like Las Vegas, a gamble.
I’ll put money that this was not the first offense for any of these three idiots. If there is any justice, hopefully they will do..maybe 30 days at OCJ and get served the kind of ‘justice’ they have coming to them while they are in lockup. Let’s see if they are calling anyone with brown skin ‘wetbacks’ in OCJ…especially all the SA gang bangers.
Was hoping that you would do coverage on the results…
#10….You got that right….I keep on checking back to see if Art has followed up on this particular blog since sentencing has been handed down….
You’re falling asleep at the wheel, Art 🙂
this judge should get beaten