Two men who savagely attacked a baby sitter in a case of mistaken identity, leaving him paralyzed, petitioned a San Mateo County judge on Friday to reduce restitution to the victim, which they claim is too severe, San Mateo County District Attorney Steve Wagstaffe said.
Christian Eduardo Juarez-Medrano, 21, of Redwood City, and Oscar Juarez-Medrano, 26, of East Palo Alto, had pleaded no contest on Sept. 1 to the beating, in which the baby sitter was stabbed in the torso and brain in front of his teenage daughter. Christian Juarez-Medrano received a 20-year prison sentence for felony attempted murder; Oscar Juarez-Medrano was sentenced for felony assault and placed on three years of supervised probation on the condition of 225 days of jail time.
A probation department report presented to San Mateo County Superior Court on Friday recommended the two men pay $36,700 in restitution to the victim for medical care, lost wages and rehabilitation. But the defendants balked at the recommendation and asked the court for a hearing to consider a lower amount, Wagstaffe said.
The victim and his daughters were babysitting at an apartment building on Cooley Avenue in East Palo Alto on Dec. 10 while his sister and her husband went to a Christmas party. When the sister and husband returned, a man came out of Oscar Juarez-Medrano's nearby apartment and challenged them to a fight. The couple ignored the man and went to their home, according to prosecutors.
Fifteen minutes later, the baby sitter and his 13-year-old daughter left the couple's apartment to go home. The Juarez-Medrano men and Oscar Juarez-Medrano's wife rushed out of the neighboring apartment and confronted him. The wife was screaming that the baby sitter had been told to leave, though prosecutors don't know why. The baby sitter was not familiar with the defendants, police said.
Both men beat the baby sitter in front of his daughter; Christian Juarez-Medrano stabbed the victim in the torso and in the head and into his brain. The defendants then fled. The baby sitter was rushed to Stanford Hospital by ambulance and received emergency brain surgery. He suffers from permanent paralysis on the right side of his body.
Oscar Juarez-Medrano's wife was originally charged for the attack, but the case against her was dismissed in April due to insufficient evidence, prosecutors said.
Wagstaffe said he did not know why the defense claims the restitution is excessive, given the severity of the crime and lasting injuries. The restitution hearing is scheduled for Oct. 20.
Attorneys for the defendants could not immediately be reached on Tuesday.
In addition to the felony attempted murder no-contest plea, Christian Juarez-Medrano admitted a prior strike, a deadly weapon-use enhancement and serious and violent felony allegations at the time of his pretrial hearing. He received 302 days credit for time served, was banned from contacting the victims and ordered to pay restitution in an amount to be determined at a later time, court fees and fines. He remains in custody in lieu of $10 million bail.
For the felony assault, Oscar Juarez-Medrano was placed on three years of supervised probation on the condition of 225 days of jail time, for which he had already served and received credit. He was ordered to undergo counseling, have no contact with the victims and pay restitution and fines. He appeared in court out of custody on $25,000 bail.