BAKERSFIELD, Calif. (KGET) — A Kern County jury has found a man not guilty of two felony assault charges filed in connection with a fight at Bakersfield Speedway three years ago that left a man with serious head injuries.
The jury on Thursday acquitted Kyle Flippo of assault on a person with force likely to produce great bodily injury and battery with serious bodily injury.
Flippo’s attorney, Mark Anthony Raimondo, said Flippo was relieved following the verdict. He’s the sole breadwinner for his family and faced seven years in prison if convicted.
Flippo was protecting his mother when he punched Zachary Diamond at the race track June 9, 2018, Raimondo said.
“Before there were any manmade laws, there was a law you could defend your mom,” the attorney said.
Prosecutor Cyrus Shahbazian said it was a difficult case with a lot of evidence — the trial lasted three weeks — and the jury worked hard. While he’s disappointed with the outcome, he said he appreciates the work the jurors put in.
“We fully supported the victim’s family and the victim himself and he’s doing much better now,” Shahbazian said. “They want to put this past them.”
Flippo was arrested after a melee involving multiple people at the track following a Mod Lites feature race.
During the fight, Flippo hit Zachary Diamond, who fell backward, hit his head and lost consciousness. Diamond was taken to a hospital and was mostly unresponsive in the days after the incident, according to his family.
Raimondo said Diamond’s parents instigated the fight. Diamond rushed into the fracas and hit Flippo’s father then glared at Flippo’s mother, the attorney said.
Flippo threw one punch at Diamond, striking him on the chin.
“The damage to Mr. Diamond was not from the punch,” Raimondo said. “There was no swelling or bruising on his chin. It was the fall on the ground that hurt him.”
Raimondo said he’s sorry Diamond was injured, but sorrier his parents provoked the altercation. The blame lies with them, he said.
Diamond’s mother filed a lawsuit against Flippo, the owner of Bakersfield Speedway and others connected to the track. A hearing regarding the suit is scheduled in August.
Source: https://www.kget.com/news/crime-watch/man-acquitted-of-felony-charges-stemming-from-bakersfield-speedway-fight/
Crime Victims’ Rights Week began with a golf tournament sponsored by KLEA (Kern Law Enforcement Association) and Bakersfield 3 Moms to benefit Kern Secret Witness. The community turned out to support crime victims and their families. KLEA (Kern Law Enforcement Association) Bakersfield Police Officers Association-BPOA
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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“Do I need to appear in my criminal case in the Kern County court during the COVID 19 outbreak?”, is the most common question we are asked.
The Kern County courthouse is basically closed for non-essential purposes; please see their website https://www.kern.courts.ca.gov, for a full list.
There are cases the court must hear. If you are arrested, you must be brought to court for arrangements. In custody arraignment are now 7 days out.
For criminal cases the court does not want you there in person rather you sign a form and let the attorney appear for you via phone, which we are authorized to do.
Our local courts have been very cooperative and most non-essential matters are going to be postponed. If you have a criminal matters, you will still need to follow rules on the courts website or be represented by an attorney.
During the Emergency Temporary Order put in place starting March 19th, 2020 through March 31st, 2020, all criminal matters can be handled without you having to be in court if you have an attorney, otherwise you must appear.
If you have flu-like symptoms, or the any possible connection to corona virus, instead of coming to court you are encouraged to conduct your judicial business online or through an attorney.
The Law Office of Mark Anthony Raimondo is open and available for your assistance. Due to the current Federal, State, and Local recommendations we would prefer telephone contacts. Call us- (661) 827-8000. Walk-ins or live appointments are going to be greatly limited.
We can protect your rights throughout this ordeal. The Court would prefer you to not go to the courthouse and will allow us to APPEAR FOR YOU. We will be holding all of our consultations by normal procedures,–just simply call to set up or answer your questions.
Any Documents that you may want to send us can be sent via-email (bakersfieldcriminaldefense@gmail.com or fax (661) 381-6594).
Thank you for your understanding in this historic time. Let’s all keep safe.
BAKERSFIELD, Calif. – Kern County District Attorney Cynthia Zimmer is now considering to file charges against 39-year-old Elaine Rosa. Police believe she is the woman seen dragging a dog down the street as she rode a Bird scooter, several weeks ago.
Zimmer has a few options, according to Bakersfield defense attorney Mark Anthony Raimondo. She can either file charges, which would likely include animal abuse felnoy or misdemeanor charges, or she can throw the case out entirely.
“If you overload, over work, over burden an animal, that can be in the realm of animal cruelty,” Raimondo said. “Also, if you beat, maim, kill an animal, sadistically hurt an animal, it fits within the statutes, so it’s a pretty broad statute. [The statute] is not really well defined as to if it’s a felony or misdemeanor.”
Misdemeanors in California are crimes punishable by no more than a year in county jail and a maximum fine of $1,000. Felonies are much more serious, and can be punishable by at least a year in state prison.
When asked about whether the suspect can claim the incident was a result of an accident or negligence, Raimondo said the defense likely will not work.
“The negligent part is not really at issue,” he said. “It’s just did she cause the dog to suffer unjustifiably? Whether it’s negligent or not — maybe we weigh in the scale of if whether it’s a felony or misdemeanor — but if she had some duty to care for that dog, and if the dog was dragged to the point that it was, I think it certainly qualifies under the statute for some type of a crime.”
Raimondo said the argument that Rosa was not the dog’s owner does not matter as long as it can be proved she had control or custody of the animal. He added the statute allows the district attorney up to three years to make a decision whether to file charges, but he expects the decision to take place much sooner.
Late Thursday night, the district attorney’s office posted a message to its Facebook page saying they have received calls and messages from residents and across the country about the case.
The DA’s office says it is reviewing evidence in the case and assures the public that whether or not charges are filed, it is not a decision they take lightly.
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An attorney entered not guilty pleas Friday on behalf of a man charged with assaulting another man at Bakersfield Speedway, inflicting serious head injuries.
Mark Anthony Raimondo also requested a preliminary hearing in late October for his client, Kyle Flippo, “due to the nature of the case and medical records.”
Superior Court Judge Eric Bradshaw set the hearing — in which a judge determines if there’s enough evidence to order a defendant to stand trial — for Oct. 24.
Flippo, 39, is out of custody after posting bond on $50,000 bail. He towered over Raimondo as he stood at the attorney’s side during the arraignment.
Flippo is listed in court records as 6-foot-6 and 270 pounds.
Witnesses told sheriff’s officials Flippo hit 20-year-old Zachary Diamond June 9 following a race at the track that evening, according to court documents. Diamond fell and lost consciousness.
He was taken to a hospital and, while not in a coma, was mostly unresponsive in the days after the incident, said Diamond’s mother, Linda Valdez.
The altercation happened near the technical inspection area where the top finishers go following the race. Flippo is the father of Jerry Flippo, who finished fourth, while Zachary Diamond is the brother of Jacob Diamond, who finished sixth.
Flippo is charged with assault on a person with force resulting in great bodily injury and battery with serious bodily injury. Both are felonies.
No other criminal cases are listed against him in Kern County.
BAKERSFIELD, Calif. – New details about the killing of an unborn baby. While there is no question her death was brutal, the legality behind it isn’t as clear.
According to court documents the mother and father headed to the Bluffs mid May to discuss the future of their unborn baby. The couple decided they didn’t want to have the child.
Court records state the mother, who was seven months pregnant, allowed the father to hit her stomach as many as 10 times and squeeze her, hard enough to leave bruises. Documents state she told investigators she didn’t feel the baby move after he hit her.
About a week later, she delivered the baby at Kern Medical. The baby girl had a fractured skull and spinal injury. She didn’t survive.
Police said the father denies he hurt his girlfriend, or the unborn baby. Bakersfield police are investigating. The district attorney’s office is also reviewing the case.
California law defines murder as the unlawful killing of a human being or a fetus with malice aforethought. State law also has a provision that states: the law does not apply to any person who commits an act that results in the death of a fetus if the act was solicited, aided, abetted, or consented to by the mother of the fetus.
Local defense attorney Mark Anthony Raimondo said, “In the state of California a person who is pregnant, still pregnant, can terminate their pregnancy almost by any means and not be held liable criminally for their actions.”
Raimondo couldn’t speak directly to the case, but said state law also protects anyone who helps end a pregnancy at the mother’s direction.
Raimondo said, “It’s kind of a very unique circumstance. It doesn’t happen very often, but somebody who would assist somebody in ending a pregnancy whether it’s through minor means or something rather aggressive also cannot be prosecuted as an aider and abettor if it was at the director or assistance with the actual mother of the fetus.”
The coroner will determine if the baby’s death is a homicide. A death can be ruled a homicide, but not be a criminal case. It’s not yet known if that will be the case in this situation.
According to our records, there were two homicides in 2016 where unborn babies were killed. Both cases were handled by the sheriff’s department. Details of those investigations were not released.
Source: KGET
JUDGE ORDERS PROBATION FOR ARMED ROBBERY OF PHARMACY
Yesterday Superior Court Judge Charles Brehmer Placed twenty-three year old Callie Feezell on five years of Felony Probation following her guilty plea to one count of Robbery pursuant to Penal Code Section 212.5(C), along with an enhancement of being armed with a firearm. She faced a maximum sentence of 15 years in State Prison.
Mrs. Feezell had entered the Walgreens Pharmacy on Chester Avenue last summer armed with her father’s 9mm firearm, walked up to the pharmacy and pointed the loaded weapon at the pharmacist while demanding “boxes of oxycodone’. She then returned to her parents and their car that was waiting outside and fled the scene. She was apprehended a few miles from pharmacy.
“This was an extraordinary disposition and opportunity afforded to Mrs. Feezell”, said her attorney Mark Anthony Raimondo following the Judge’s Ruling. He continued, “She was suffering from the opiate withdrawals which she severely underestimated., and in a moment of desperation she took her father’s gun and made this terrible decision, we are very grateful that no one was injured”. Mr. Raimondo also pointed out that Mrs. Feezell had no prior criminal record, and she was a junior at the University of Tennessee. In an attempt to break her addiction, Mrs. Feezell left Tennessee on a road trip with her parents without any pills. She was hoping to force herself sober. However, once the withdrawal symptoms intensified she made this desperate attempt to bring relief to herself.
The Court did note that Mrs. Feezell had successfully complete a long-term rehabilitation during the course of the last nine months while this case was pending and had a promising future ahead of her now that her addiction issues have been properly addressed.
We asked Mr. Raimondo about Mrs. Feezell’s future plans, and he stated she is very sorry for her actions and hopes that she can be an example to other young people struggling with opiate addictions.
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