“The Court Opined He Has A Viable Defense” | Cain Velasquez Denied Bond Again But Potential CTE Diagnosis Might Provide “Silver Lining”

SAN JOSE, CA - MARCH 07: SAN JOSE, CA - MARCH 7: Cain Velasquez, left, is photographed with his attorney Mark Geragos, center, during a hearing at the Santa Clara County Hall of Justice on Monday, March 7, 2022, in San Jose, Calif. Velasquez allegedly shot at a car carrying a man charged with molesting his minor relative, and wounded the accused man's stepfather in South San Jose. (Photo by Aric Crabb/MediaNews Group/East Bay Times via Getty Images)

Even with the majority of the mixed martial arts world clamoring for Cain Velasquez’s release, the courts of San Jose, California, felt differently. On Monday, the former UFC heavyweight champion was denied bond by Judge Shelyna Brown.

It was the second time that Velasquez’s request for bond was denied for the attempted murder charges among the ten charges he is facing. This time happened during a hearing at the Santa Clara County Hall of Justice in San Jose.

Velasquez is charged with firing a .40 caliber handgun while driving on a highway in San Jose at a car carrying Harry Goularte, who is accused of molesting Velasquez’s 4-year-old son. The driver, who was not Goularte, was shot and lived.

Oxymoronic Silver Lining

The MMA star’s lawyer, Mark Geragos, who has represented stars like Michael Jackson, Chris Brown, and Winona Ryder, although discouraged for his client, also sees a potential silver lining.

“Obviously, I respectfully disagree,” Geragos said on Monday to MMA Junkie. “I think the court has ruled on the facts of the law. However, if there is any kind of of a silver lining, it’s that the court opined he has a viable defense.”

“There is a degree of irony in that the accused pedophile and his presumed co-conspirators are out there trying to claim the mantle of victim,” Geragos added. “I’ll leave it at that. I always prefer having a client out, but Cain is strong. I look forward to vindicating him.”

CTE Defense

Judge Brown reportedly reviewed the potential of chronic traumatic encephalopathy (CTE) or brain degeneration, caused by repeated head traumas, of the fighter as relevant in a trial case.

Geragos asserted that medical evaluations of Velasquez showed evidence of traumatic brain injury during Monday’s hearing. The judge stated that brain injuries “might be a suitable defense or a pertinent defense or something that should be considered for mitigation.”

However, the man Velasquez reportedly shot, Paul Bender, also reportedly spoke out on Monday. The 64-year-old is the stepfather of Harry Goularte and the driver of the Chevy Silverado that Velasquez allegedly rammed with his Ford F250 during a high-speed chase.

The Victim Speaks

“Good morning, your honor. My name is Paul Bender. I am the person who was driving the truck and the person shot by Cain Velasquez (on) February 28th, 2022,” Bender reportedly said in court.

“We were simply following a court order to get a GPS monitoring device for Harry when Cain Velasquez started following us. He shot at us and chased us at speeds over a hundred miles an hour. When we came to a stop near a school, Cain Velasquez shot at us again, severing my brachial artery and nerve. I have lost the use of three fingers and can no longer work because I could not pass my (Department of Transportation) physical. Without the use of my right hand, we do not know if this loss is permanent.

“Cain Velasquez has no respect for human life. He could’ve easily shot the family in the car next to us, innocent pedestrians, or even young children. Cain Velasquez does not care who sees him do this. He does not care about the rule of law and has no respect for our judicial system. If given the opportunity, I believe he will try to finish what he started. I am fearful for my life, as well as for the lives of my family. No amount of bail or GPS monitor will stop Cain Velasquez. Respectfully, your honor, I ask that you please help keep my family safe and our community safe from Cain Velasquez and deny his request for bail.”

Rough Justice

With the issue of protecting your child against an alleged child molester and retribution or rough justice, Velasquez is fighting an uphill battle. However, he might have found a defense that steers into one of the most significant issues for athletes in combat sports, mental health.

Rhett Butler is a Boxing Writer Association of America Journalist, Play-By-Play Commentator, Combat Sports Insider, and Former Mixed Martial Arts and Boxing Promoter. The New York City native honed his skills at various news outlets including but not limited to: TIME Magazine, Money Magazine, CNN's Wolf Blitzer Reports, and more. Rhett hosts the PRITTY Left Hook podcast, a polarizing combat sports insider's take featuring the world's biggest names.