By Michelle Lagos
Woodland – The alleged victim of a battery with serious injury case provided an expansive testimony on the stand, including claiming “street law” made him a target when the defendant was charged and telling the defense attorney on the stand to stop his “stupid questions.”
On Aug. 22, 2018, the defendant and his apparent girlfriend, who was seen holding a baby, were standing outside of a Walmart asking for money. As a homeless man, the alleged victim (the AV) was entering the store, the defendant asked him for a dollar, the AV responded by telling him not to beg but to work for it. After exiting the store, the AV claims that the defendant punched him on the left side of his face and fled the scene.
The AV, the only witness for the morning session, claimed on Aug. 22, 2018, he was attempting to go to Walmart to purchase new work shoes. The witness claimed that as part of his job he would go around collecting the recycling for different companies, stating that he only carries his belongings in a white grocery cart and carries no cash.
As the alleged victim was entering the Walmart, he claimed that the defendant was standing outside with his the girlfriend and a baby, begging for money. The defendant had asked the AV for a dollar, and the AV responded to the defendant by saying, “He shouldn’t be begging.”
The AV claimed he went back into Walmart to tell the security guard that the defendant was begging outside the store, but the guard told him to “deal with it.”
Upon exiting the store the AV, who claims to be almost entirely blind in his right eye and partially blind in his left eye, stated that the defendant approached him from his right side and punched him on the left side of his face.
During cross-examination by the defendant’s attorney, the AV, who claimed he had “blacked out,” stated he did not actually “black out” but rather admitted that he just “closed his eyes tightly.” The AV also refused to go to the hospital but claimed his injury was so severe that his face was swollen and he was unable to open his jaw for weeks.
Throughout the cross-examination by the defendant’s attorney, the witness became visibly upset, calling the defendant and his attorney “rats” and refusing to answer multiple questions regarding his past and his identity.
When the defendant’s attorney asked the AV to repeat his full name in court, the AV refused, stating that it was “none of his business.” The defendant’s attorney also asked the witness about why he lied about his date of birth. The AV stated that his actual date of birth was an unlucky number for him.
The AV continued to become visually upset by the questions asked from the defendant’s attorney, threatening several times to leave if the attorney did not stop his “stupid questions.”
The witness went on to claim that he did not have a stable home but floated around the United States. He traveled from Oregon, where he allegedly raced cars for money, and also traveled to Colorado where he was born.
The alleged victim also claimed he was diagnosed with colon cancer “caused by people smoking around him,” which resulted in him having his “whole bowel” removed as a teenager. He also claimed that as a young man he was diagnosed with polio in both of his arms, which was why he did not fight back. The AV claimed that he had never been in an altercation before because of his disabilities, which left him unable to use his arms properly.
However, when the defendant’s attorney attempted to question the AV on the assault charges he had acquired in Oregon, and on the domestic violence charges in Washington, the witness threatened to leave the courtroom. He stated that he was no rat, and he does not lie, unlike the defendant.
After the AV was punched, he refused to go to the hospital but did go to a clinic the next day. There, he was told his left eye had a piece of metal and was also diagnosed with cataracts. He went on to claim that he would be receiving surgery soon to fix both problems.
The defendant’s attorney questioned the AV on the severity of his pain after the attack. The AV claimed that his pain was a “10 out of 10,” and he was slowly losing his vision in his left eye. However, right after the incident, the AV stated to the EMT on site that his pain was about a “3 out of 10.”
The AV refused to take any medication because it goes against his beliefs. Instead, the AV claimed he traveled to “Spirit Mountain” in Oregon to seek spiritual treatment. The AV also claimed he had previously received treatment for his colon cancer at “Spirit Mountain” as well.
The AV mentioned that the defendant’s friends had threatened him a few weeks before he was set to testify. He explained that according to the “street law” he would be seen as a rat, which made him a target.
Allegedly, at about 3 am, while the AV was on his bike crossing a bridge, the defendant’s friends, who the AV claimed were standing about 16 feet or so away from him, had shown him a photo of the defendant and threatened him if he testified.
However, when the defendant’s attorney asked the AV if he could clearly see him, the AV stated that he could not see clearly and that the defendant appeared to be “blurry.” When measured, the defendant’s attorney was standing approximately the same distance the AV had claimed the defendant’s friends were standing when he was threatened.
The AV went on to state that his nephew in Canada was attempting to have the defendant brought over to Canada to be prosecuted there. The AV claimed that his nephew told him he could receive up to a quarter of a million dollars in restitution and that the defendant would receive 25 to life for his alleged crime.
However, when the defendant’s attorney asked the AV for the names of the lawyers who were supposedly working on the case in Canada, the AV refused to answer any questions.
Upon exiting the courtroom, the alleged victim stated toward the defendant and his attorney, “I will get you.”