A judge sentenced two Hollister residents to 17 years in prison
each for severely beating a disabled Hollister man with a baseball
bat in 2003, allegedly for gang-related reasons, according to
attorneys.
Hollister – A judge sentenced two Hollister residents to 17 years in prison each for severely beating a disabled Hollister man with a baseball bat in 2003, allegedly for gang-related reasons, according to attorneys.
Aldo Solorio, 24, and Edgar Cortez, 21, both pleaded no contest to assault with a deadly weapon causing great bodily injury, along with a gang enhancement that added 10 years to their sentence, according to a statement released by the District Attorney’s Office. Judge Harry Tobias sentenced the defendants to the maximum time in state prison the charges would allow on Wednesday.
Deputy District Attorney Denny Wei, who prosecuted the case, and District Attorney John Sarsfield did not return phone calls Thursday. But Hollister Police spokesman George Ramirez said the police department is pleased with the convictions and believes an appropriate sentence was rendered.
The men were convicted of beating 54-year-old Hollister resident David Ortiz, who died several months ago from the debilitating autoimmune disease scleroderma, said Cortez’s attorney Greg La Forge.
La Forge said Cortez and Solorio were originally charged with attempted first-degree murder but as part of a plea bargain agreed to a charge of assault with a deadly weapon with a gang enhancement because the foremost charge carried a sentence of 38 years to life.
However, La Forge said he believes the sentence is excessive for the crime his client committed. In court, La Forge said he argued that Eliseo Rojas, one of the men who pleaded guilty to killing Hollister resident Ralph Santos and is set to be sentenced next week, could receive a maximum sentence of 14 years in prison as part of a plea bargain while his client was dealt a steeper sentence.
“Where’s the consistency of the justice in this community? You’ve got a violent, brutal murder on one hand – this victim didn’t die as a result of the attack,” La Forge said. “You’ve got to have objectivity.”
The assault occurred in July of 2003 when Ortiz went out for a midnight walk in the area of Park and Prune streets, Ramirez said. Ortiz walked past a home where Cortez and Solorio were on his way to an apricot orchard. On his way back to his home, Cortez, Solorio and possibly others attacked him with an aluminum baseball bat, Ramirez said.
During the attack Ortiz told police he remembered his attackers yelling “Norte,” which is why they attached the gang enhancement, he said.
Ortiz suffered major injuries, including bruises to his arms, forehead, hands and back, cuts and scratches all over his body, and long bat marks on his back, Ramirez said.
“Outstanding. Justice has been served,” he said. “We will continue sending a message to gang members in Hollister that we will not tolerate gang violence or any type of gang-related incidents, and we will continue to seek enhancements on these cases.”
Sometime after the attack a confidential informant told police Solorio, Cortez and Solorio’s brother, Adan, were the assailants, Ramirez said.
Adan Solorio was also charged with the crime, but Ortiz was unable to identify him and his charges were dismissed, Damkar said.
Damkar said his client, Solorio, never denied being present during the attack but didn’t administer the atrocious beating prosecutors said he did.
Damkar said Solorio, who is mentally challenged, was also beaten by another one of the attackers and was taken to the hospital where his injuries resulted in his spleen and one of his kidneys having to be removed. The lawyer argued that his client was not the primary attacker, but said that because Solorio didn’t cooperate with police or the District Attorney’s Office he suffered the prosecution’s full wrath.
“The victim’s family was very anxious to have someone held responsible. But there are other people far more culpable that have not been brought to justice,” Damkar said. “It’s unfortunate my client is left paying for someone else’s crimes.”
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or [email protected]
