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Man facing five years for beating bisexual friend
February 26, 2014, 05:00 AM Daily Journal Staff Report

Santos Marquez-Montiagudo

The man who prosecutors accuse of severely beating a bisexual acquaintance with a bicycle U-lock faces up to five years in prison after pleading no contest Tuesday to felony assault and inflicting great bodily injury.

Prosecutors had sought a six-year maximum for Santos Manuel Marquez-Montiagudo, 37, but the court capped it slightly less. He will be sentenced May 7.

Marquez-Montiagudo and another friend met up with the 55-year-old 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.

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

His defense also claimed previously 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 pending sentencing.

 

 

Tags: marquez, montiagudo, victim, prosecutors,


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