Fil-Am couple to press on with case against hate attack suspects, another family of victims agrees to plea deal with their attacker
A Filipino couple viciously assaulted in Sacramento early this year vow to pursue their case against their attackers, but a Filipino family in North Hollywood, victims in separate assault incident last year, decided not to push through with the trial of the suspect and agreed to a plea deal.
Echoing their April vow to refuse any settlement of their case, attack victims Nicanor Nikki Arriola and his wife, Julienne Ochengco, are pushing on with the case against two alleged assailants one of whom was identified as Keylen Xavier Lee Farley,
Three felony counts were filed against Farley by the Sacramento District Attorney, two counts for robbery of the second degree and aggravated assault and a third count for elder abuse.
Couple Nicanor Arriola (left) and Julienne Ochengco comfort each other at a hospital after they were attacked. They Filipino couple attacked in Sacramento early this year is pressing on with their case against their attackers. CONTRIBUTED
“We are really determined to push through with the case. Many are backing us up in our decision, saying that we those who assaulted us should really be punished for what they did to us,” Arriola said.
“We learned from our lawyer Emilee Divinagracia that the other side has a new lawyer and that the date of the preliminary hearing will be announced after the September 6 cancellation.”
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Arriola added that they are struggling to overcome the trauma they are experiencing. Julienne Ochengco suddenly bursts into tears whenever it all comes back to her, Arriola revealed.
“The advice of our doctor is to have our injuries and trauma to fully heal before even thinking of going back to working as it is very hard if I reinjure the broken ribs that are slowly recovering,” imparted Arriola who wished they were both younger to recover more easily. The couple worked as caregivers.
North Hollywood assault
Meanwhile, the Roque family, victims of physical and verbal attacks in a fast-food drive-thru in Southern California 15 months ago, have decided not to pursue the trial of the suspected hate attacker and agreed instead to settle on a plea deal with him.
Patrick, Nerissa and Patricia Roques (with mic) take turns in speaking outside the courtroom explaining their decision to settle on a plea deal with their attacker. CONTRIBUTED
Their attacker, Nicolas Weber was charged with one count of felony assault by means likely to cause great bodily injury against patriarch Gabriel Roque, one count of felony assault by means likely to cause great bodily injury against Nerissa Roque, and one count of misdemeanor DUI (driving under the influence).
As part of the plea deal Weber must complete 40 hours of an individual anti-bias treatment program, complete 40 hours of a group anti-bias treatment program and participate in an 18-month alcohol program.He will also be released from custody after the sentencing hearing after being credited for time already served in jail.
Read also: Police re-arrest suspect in anti-Asian attack on Filipino family
Part of the Roques’ decision to settle, they said, was the dropping of the hate crime enhancement on both assault charges. Additionally, they claimed they were given very little cooperation and support from authorities.
“My family and I decided to just accept your plea deal because I no longer want my child, Patricia, to go through this. No parent in this courtroom can endure what my child endured. That’s why we chose to accept the plea deal, not because accepting it means we’ve achieved justice. We simply didn’t have a choice,” Nerissa summed it up.
“When I see my family, I have no choice, I have to work. I can’t even shop close to where we live anymore. I also wasn’t able to get therapy immediately because firstly, I didn’t have insurance.”
Patriarch Gabriel Roque who suffered a closed fracture of one rib of his left side, for his part cited trauma as a very challenging effect that included being financially disabled while recovering.
“The process of asking for justice was traumatic and unfair. What was most traumatic was how the justice system twisted events to make it appear that there was no hate crime, I used to say that injustice only happens in the Philippines. It also happens in the United States,” Gabriel imparted.
Roque daughter Patricia claimed to have severe trauma although she was not a direct victim of the assault but witnessed how Weber viciously attacked her father and choked her mother with his bare hands.
“I still get nightmares of seeing both my parents risk their lives for me, with them sustaining physical injuries in the process. Throughout this process, I have been the vocal one in my family.”
