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Judge dismisses attempted murder, torture charges against Bakersfield couple accused of injuring 11-month-old

BAKERSFIELD, Calif. (KGET) — A judge on Friday dismissed charges of attempted murder and torture against a couple accused of inflicting injuries on their 11-month-old boy that included bleeding on the brain.

Gerson Avalos and Sierra Castilleja were each ordered, however, to stand trial on a charge of willful cruelty to a child. The judge did not find sufficient evidence to support the other charges, which carry life terms in prison.

The two are next due in court March 23.

Prosecutor Garrett Rice said afterward other charges will be filed against the two, and they will face about 12 years in prison if convicted.

He said the judge’s ruling wasn’t entirely unexpected as the evidence showed Avalos and Castilleja knew what they were doing and that it would hurt the child, but it didn’t show they wanted the child to die.

Castilleja’s attorney, Mark Anthony Raimondo, said he was “very, very pleased” with the judge’s ruling.

“It’s a best case scenario for a (preliminary hearing),” he said.

There was no evidence to support the torture and attempted murder charges, Raimondo said. Castilleja’s family continues to support her, and the child is now doing fine, he said.

According to a court document filed by Bakersfield police, the child was crying early Nov. 8 when Avalos grabbed the child from a couch, violently shook him then threw him onto a tile floor.

The child hit his head on the couch and the floor, the document says. Castilleja took the boy to a neighbor, where an ambulance was called. Doctors diagnosed the child as having a severe brain bleed, according to the document.

“Doctors also discovered the victim was covered in fresh bruises, and several bruises were in the healing stages, suggesting ongoing abuse/torture,” investigators said in the document.

 

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Prop 57 is newest attempt to lower state prison population

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Letting a Bakersfield attorney help guide you through the bail process

 
If you are arrested you need to seek advice from an experienced criminal defense lawyer in order to get the lightest sentence possible.
 
For many facing criminal charges in Kern County, the likelihood of spending months or maybe even years in prison is a great possibility. 
 
Bakersfield criminal defense attorney Mark Anthony Raimondo can help.
 
Raimondo says that that most people are in shock when they find out their loved one has been arrested and is in jail. And to make matters worse, they must then navigate the complex bail system, determining what the bail amount is, how to post the bail and if the bail amount can be changed.
 
The Eighth Amendment of the U.S. Constitution guarantees a person’s right of making sure that he or she will have no excessive bail amount set against them, although judges often use extremely high bail amounts to keep “high-risk” individuals from getting out of jail, if he or she feels that the public’s safety is at risk.  
 
The amount of bail required depends on the severity of the crime, and is set by local law enforcement, but can be raised or lowered by a judge.
This is where a good criminal defense attorney like Raimondo can help you through the process of posting bail, while protecting your Eighth Amendment rights.
 
For example, if you have been arrested, you want your bail to be set as low as possible. Even though, you might discover you still cannot afford to pay the bail.
 
When this happens, you must wait to ask the judge to lower the bail amount at your first court appearance. Depending upon your financial situation, the judge may decide to lower your bail amount, or not.
 
That’s why you need an experienced criminal defense attorney, if you are going to convince the judge that your bail should be reduced, and if should post bail immediately, or wait until after your arraignment.
 
And while posting bail immediately can allow your attorney to begin working on your case early, negotiating with prosecutors to either lower your charges or get the case completely dismissed. Waiting to post bail, forces prosecutors to decide whether or not to file charges more quickly.
 
If  you have been arrested in Kern County, you need to protect your rights and know your options. Especially when it comes to the bail process.
That’s why criminal defense attorney Mark Anthony Raimondo can help you, with his knowledge, understanding and passion to protect people and their rights.
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