Fresno Man Has Charges Refiled In Case Of Tattooing 7-Year-Old

October 20th, 2009 · No Comments

Charges Refiled In Case Of Tattooed Boy
By John Ellis
Published : October 16, 2009

FRESNO, CA – A prosecutor has refiled charges of aggravated mayhem against two men accused of tattooing a gang sign on a 7-year-old boy, raising the possibility again that they could face life in prison if convicted.

The Fresno County district attorney’s filing Friday came two weeks after a judge ruled that Enrique Gonzalez and Travis Gorman should face the lesser charge of cruel and inhumane treatment of a child, rather than aggravated mayhem, a charge usually associated with disfiguring beatings, shootings and stabbings.

A prosecutor has refiled charges of aggravated mayhem against two men accused of tattooing a gang sign on a 7-year-old boy, raising the possibility again that they could face life in prison if convicted.

Prosecutors say Gonzalez, 27, held his son down against his will while Gorman, 21, inked a quarter-sized gang insignia on the boy’s hip.

A judge on Friday dismissed charges of aggravated mayhem against two Fresno men who are accused of inking a gang tattoo on a 7-year-old boy, sparing them possible life sentences.

But Enrique Gonzalez, 27, the boy’s father, and Travis Gorman, 21, will be arraigned in court Oct. 16 on lesser charges of willful cruelty to a child with a gang enhancement that could carry prison terms of nearly eight years.

Fresno County Superior Court Judge Hilary Chittick said there is not enough evidence to support the aggravated mayhem charge against Gonzalez and Gorman, who allegedly held the boy down and inked a Bulldog gang insignia — a dog paw — on his right hip in April.

A prosecutor has refiled charges of aggravated mayhem against two men accused of tattooing a gang sign on a 7-year-old boy.

Friday’s filing by the Fresno County district attorney’s office is in spite of a judge’s ruling that Enrique Gonzalez and Travis Gorman should face the lesser charge of cruel and inhumane treatment of a child.

Each has pleaded not guilty to that charge and faces up to eight years in prison. Aggravated mayhem carries a possible life sentence.

Enrique Gonzalez wanted his 7-year-old son to have a gang tattoo, like the many that adorn his own body. About that there is no dispute.

The question that Fresno County Superior Court Judge Hilary Chittick says she will decide today is whether placing a tattoo on a minor is a permanent and painful disfigurement worthy of the potential life sentence that comes with a mayhem conviction, or is it something less?

Are there other procedures children routinely undergo that are decidedly more painful and permanent?

The move comes less than two weeks after a judge said there was insufficient evidence to try Enrique Gonzalez, 27, the boy’s father, and Travis Gorman, 21, on the charges — and it has infuriated their attorneys.

The refiled charges carry possible life sentences.

“The DA’s going to ignore the courts and proceed to a public lynching,” said attorney Manuel Nieto, who is representing Gorman.

Attorney Douglas Foster, who is representing Gonzalez, said he recalled this happening just one other time in his legal career.

“I’m not surprised,” he said of the move. “I’m offended.”

District Attorney Elizabeth Egan declined to comment directly on the case, but she said her office files charges “that are supported by evidence introduced at the preliminary hearing.”

Authorities say that earlier this year, Gonzalez held his son down against his will and Gorman inked a quarter-sized Bulldog gang insignia — a dog paw — on the boy’s right hip.

At a preliminary hearing this month, prosecutors argued that the tattoo was an injury that met the legal definition of aggravated mayhem.

The law says aggravated mayhem is intentionally causing permanent disability or disfigurement to a person with extreme indifference to their physical or psychological well-being.

But Foster said most cases of aggravated mayhem involve mutilation and wounds that require surgery.

Local defense attorney Jeff Hammerschmidt agreed.

Hammerschmidt, a former deputy district attorney who is not involved in this case, said the action by the District Attorney’s Office is rare — “and somewhat disrespectful to the judge who issued the order.”

“While it is truly despicable that a father would tattoo his young son with a gang symbol, it’s stretching the law to charge aggravated mayhem in this case,” Hammerschmidt said.

Fresno County Superior Court Judge Hilary Chittick ruled there was not enough evidence to support the aggravated mayhem charges against Gonzalez and Gorman.

She did, however, order the two men to stand trial on lesser charges of willful cruelty to a child with a gang enhancement.

Each man could face a prison term of nearly eight years on that charge.

On Friday, attorneys for both men entered not guilty pleas to the lesser charges, and Fresno County Superior Court Judge Rosendo Peña set a Dec. 10 hearing on those charges.

But Foster and Nieto also must prepare a motion on the refiled aggravated mayhem charge and seek a hearing.

No new evidence will be introduced, but Foster said he and Nieto face the task of showing why Chittick was right to dismiss the aggravated mayhem charge.

The argument will be made mostly in court filings and between attorneys. No witnesses will be called during the hearing. No hearing date has been set.

Source : Fresno Bee