There will be no stay placed on the civil case that Cain Velasquez and his family have lodged.
A application to stay that was submitted by the defendant, Paul Bender, on November 23 was reportedly refused by Judge Socrates Peter Manoukian, as evidenced by court papers from Santa Clara County in the state of California.
“This Court finds that the civil case may proceed with the issues raised in the civil complaint while the criminal case is pending subject to Mr. Bender asserting any Fifth Amendment right against self-incrimination. The motion of defendant Paul Bender to stay this civil action pending resolution of the criminal proceedings is DENIED,” Manoukian’s decision stated.
On February 28, Velasquez is suspected of firing at Harry Goularte, the alleged child molester and Velasquez’s stepfather. In April, Velasquez and his wife, Michelle Velasquez, filed a civil complaint against Bender and Goularte, as well as Patricia Goularte and the family’s two businesses.
According to public dockets, Bender is the only defendant who has replied to the civil complaint and disputed claims as of this writing. A judge recently ruled a summons through print in a local newspaper due to difficulties in contacting the remaining four defendants. The criminal case against Velasquez also includes a bodily attachment warrant for Patricia Goularte.
Goularte, who is accused of touching Velasquez’s 4-year-old son at the daycare managed by his mother Patricia, will have a pre-trial hearing in January on one felony allegation of indecent actions with a child. Goularte, who supposedly resided there, entered a not guilty plea in June.
Velasquez also pled not guilty as he faces a number of criminal offenses, including attempted murder. On February 28th, Velasquez was taken into custody for reportedly following and shooting at a car that had the Goulartes and Bender. During the firing, Bender was hit in the arm and had a semi-debilitating injury.
After many failed efforts, Velasquez was granted $1 million bail Nov. 8. Additional bail requirements include home containment, GPS monitoring, and more.