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Man to stand trial in April for beating bisexual friend
December 12, 2013, 05:00 AM By Michelle Durand Daily Journal

Santos Marquez-Montiagudo

The man who prosecutors accuse of severely beating a bisexual acquaintance with a bicycle U-lock will stand trial in April on charges that could imprison him for roughly eight years if convicted.

Santos Manuel Marquez-Montiagudo, 36, pleaded not guilty yesterday to assault with a deadly weapon, assault by means of force causing great bodily injury and battery causing serious bodily injury. After entering his plea, he was scheduled for jury trial April 1.

Prosecutors originally charged him with committing a hate crime in the attack that left the 55-year-old victim with a fractured skull, jaw, orbital bone and rib. However, a judge dropped the charge for lack of evidence at an earlier hearing.

Prosecutors contend Marquez-Montiagudo and another friend met up with the victim July 20 at a San Mateo taqueria where the victim shared his bisexuality. After the trio left the business to drink elsewhere, Marquez-Montiagudo told the victim not to walk by him because he didn’t want others to mistake him as gay.

When the man refused to leave, Marquez-Montiagudo grabbed the lock from his bike and began beating his head and body, according to the District Attorney’s Office. San Mateo police found the badly injured man near the 700 block of Santa Inez Avenue and Marquez-Montiagudo at home.

His defense, though, claims that while Marquez-Montiagudo did fight with the man it was not based in hate of his sexuality and that he reacted to first being pushed. His attorney said all participants were drunk and unclear about what exactly did happen.

Marquez-Montiagudo remains in custody on a $1 million bail bond and, if freed, is prohibited from contacting his alleged victim.

 

 

Tags: marquez, montiagudo, victim, prosecutors,


Other stories from today:

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