Soto bound for trial

State-champion wrestler Joe Soto found out Tuesday that his felony assault case will go to trial.

Judge Armando Rodriguez ruled that the evidence surrounding the May 22 incident when Soto allegedly broke the jaw of Porterville resident Paul Prescott was enough to warrant a jury trial.

Following the near two-hour preliminary hearing at the Porterville Superior Court, Soto's lawyer, David F. Candelaria, said he felt "everything went really well" while family members of victim said the attorney is "grasping for straws."

Candelaria routinely attacked the credibility of both the investigating officers and the three witnesses in the case.

"It's real muddled," Candelaria said. "There's no certainty to what really happened."

Julia Boccone, the supervising Tulare County deputy district attorney in charge of the case, was not in the courtroom and was unavailable for comment. Deputy District Attorney Trevor Holly deferred all questions to Boccone.

Candelaria brought into question the statements of three witnesses, Nate Laux, Matt Drum and 23-year-old firefighter Joe Willingham, all of whom were in attendance at the May 22 post-prom party where Soto allegedly attacked Prescott. Through questioning it was revealed that statements given to Tulare County Sheriff's Deputy James Martin by Drum and Laux on the night of the alleged incident differed from statements given to sheriff's Det. Jim Franks three days later in a follow-up investigation.

The two witnesses initially said Soto struck Prescott in the back of the head and continued to hit him several more times on the back of the head after he fell face down onto the ground. During the follow-up, they said Prescott was initially hit in the back of the head but fell onto his back, when Soto jumped on him and continued to punch him in the face.

According to Franks, the witnesses said Martin "misunderstood" their statement. Following that line of questioning, Candelaria quipped, "Was Martin under the influence of anything that night?" before quickly withdrawing the question.

"It's very frustrating listening to [Candelaria] blame everybody else," said Megan Bidart, Prescott's aunt, who was in attendance along with Prescott's parents. "I know he is just doing his job, but all in all Joe made a poor decision. Paul is a good kid who didn't deserve this."

Candelaria also questioned the witnesses' state-of-mind on the night of the incident, pointing out that both Franks and Martin concluded that alcohol was present at the party, but failed to ask the three witnesses if they had anything to drink that night. When asked if he had assumed that the witnesses were simply not drinking, Franks replied "yes" and later said that he didn't have any reason to believe they had been drinking.

Willingham, a member of the California Department of Forestry and a witness, also came under fire from Candelaria. Soto's attorney asked Franks if he at any point questioned Willingham about the alcohol and why he didn't report it. Franks replied "No."

But Franks said that Willingham, a registered emergency medical technician, was the first to provide aid to Prescott following the incident and determined right away that he had fractured his jaw.

"It's a good thing [Willingham] was there because of Joe Soto's brutal beating," Bidart said. "It's very frustrating for all of us."

In a statement to Franks, Willingham said that he heard Soto talking to Mike McGregor prior to the incident stating that "he wanted to fight somebody." Willingham said after that he heard the first blow strike.

Martin, a seven-year-veteran of the Tulare County Sheriff's Department, said during questioning that he was dispatched to Sierra View District Hospital on the night of the incident on an assault and battery call. He said Prescott was incoherent and kept asking "Where am I?"

"His jaw was swollen and disfigured, his eye socket was swollen and changing color to blue," Martin said.

During his testimony, Martin said Soto cooperated with officers when he was picked up at his home hours after the event. Martin said at that time, Soto said he was at the party but did not assault Prescott and he did not know who did or why anybody would want to.

It was also noted that Soto had scuff marks on his hands and a fresh cut on his leg that were not explained.

Soto was taken to the sheriff's substation in Porterville, where Drum was to identify the person who hit Prescott. Martin said Drum, looking through a two-way mirror, pointed to Soto and said: "That's Joe. He is the one that attacked Paul."

Upon returning to the scene of the incident, the home owned by the parents of Hannah Farell, Martin said it appeared that somebody had picked up. He also said the parents were not home at the approximate time of 3:45 a.m. He said he knocked on the door repeatedly and flipped on his siren in front of the house.

On the follow-up, Franks found that Farrell's parents gave permission for the party but did not know if they were aware that alcohol was involved.

At the end of the day Tuesday, Soto's fate remained a matter for further court proceedings while Prescott continued his quest for a full recovery from his injuries.

According to Yvonne Bidart, Prescott's grandmother, he still has two to three more years before doctors can fully repair his jaw.

"It has been very traumatic for him," Yvonne Bidart said. "It was a horrible thing for him because of the pain."

Prescott was not at the courthouse as he was recovering from a recent procedure on his mouth, his grandmother said.

Yvonne Bidart also said Prescott is constantly going through procedures as he continues to mend from his injuries.

Soto gained a lot of recognition after winning a state title in the 135-pound division on March 5. He will be back in court Aug. 10 at the Tulare County Superior Court in Visalia.

Soto charges

PENAL CODE 245: Assault with a deadly weapon

Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment for 2,3 or 4 years.

PENAL CODE 292: The attachment of great bodily injury

It enhances the possible punishment by an additional three years in prison. But the judge has discretion and can lessen the severity.

Contact Sports Editor Tom Price Jr. at 784-5000, Ext. 1049, or tprice@portervillerecorder.com

This story was published in The Porterville Recorder on July 27, 2005