Samuel Elijah Alvarez, a 19-year-old man from Santa Ana pleaded guilty Friday and was immediately sentenced to a year in jail for beating a great-grandfather with an aluminum bat when the senior citizen tripped and fell on top of Alvarez’ car, according to the O.C. Register.
Alvarez was also handed five years of formal probation.
Alvarez got very lucky as he was initially charged with attempted murder. For whatever reason that felony charge was dropped in April after a preliminary hearing. An Orange County Superior Court Judge named Kathleen Roberts dismissed that attempted murder charge, which could have resulted in a life sentence for Alvarez.
Alvarez also pleaded guilty to charges of assault with a deadly weapon and battery with serious bodily injury, which are both felonies. And he also admitted to a misdemeanor charge of possessing a deadly weapon. But sentencing enhancement allegations for personally using a deadly weapon were dismissed along with a felony count of inflicting injury on an elder adult.
Alvarez’s criminal defense lawyer, Michael Garey, said that the Judge viewed a video of the assault several times during the preliminary hearing in April. And yet she still let Alvarez off easy.
Alvarez attacked Santa Ana’s Jose Chacon, his 71-year-old victim, at a 76 gas station located at 4502 Westminster Ave., at about 7:25 p.m.
As Chacon was walking out of the gas station he tripped and fell on top of Alvarez’s car, according to the SAPD. Alvarez then jumped out of his car and argued with Chacon. Alvarez then retrieved an aluminum baseball bat out of his vehicle and he began charging at Chacon, who responded by getting a small pipe out of his truck to try to protect himself, according to the OCDA.
As you might imagine, when Alvarez raised his bat in what Chacon felt was a threatening manner, the elderly man took a swing with his pipe at his much younger assailant. Chacon missed but Alvarez did not. Alvarez struck Chacon with his bat on his body then slammed the bat onto Chacon’s head, causing him to hit the pavement.
Chacon suffered three jaw fractures and he had to undergo surgery. His mouth was wired shut. Four of his teeth were loosened and he was left with bruises on his left arm and scrapes to his hand. He also required stitches to his face, which was so badly beaten and bruised that he could not be recognized by his family.
For all that Alvarez is looking at only one year in jail thanks to Judge Roberts.