Cain Velasquez sentenced to 5 years in prison for 2022 shooting
Mar 24, 2025
SAN JOSE, Calif. (KRON) -- Former UFC heavyweight champion Cain Velasquez was sentenced to five years in prison for attempted murder in connection to a 2022 shooting. Velasquez received credit for 1,283 days served, which will cut his actual time behind bars down to about 1.5 years.
Judge Arthur Bo
canegra became emotionally choked up as he announced the sentence to a packed courtroom in the Santa Clara County Hall of Justice. Punishment comes in many ways, and one of the worst is forcing a father to not be present in his child's life, Bocanegra said.
The MMA star went on a shooting rampage in 2022 targeting a man who allegedly molested one of Velasquez's young children at a daycare center, according to prosecutors. The accused child molester, Harry Goularte, lived at his mother's home daycare, Patty’s Childcare, in San Martin.
The judge said he took many factors into account when making his sentencing decision. While Velasquez is the offender for the attempt murder case, his family is also the victim in the child molestation case, Bocanegra emphasized.
Velasquez, 42, of Gilroy, pleaded "no contest" to attempted murder last summer. During Monday's sentencing hearing, prosecutors asked for a sentence of 25 years to life in prison. Velasquez's defense attorney asked for probation with no prison time.
The judge said Velasquez has no prior criminal record, he expressed sincere remorse, and he took full responsibility for his crime without giving excuses. "This is a tragic case. Mr. Velasquez is not a danger to public safety," Bocanegra said.
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Prosecutors said Velasquez took the law into his own hands when he chased Goularte’s pickup truck and drove 100 miles-per-hour from Morgan Hill to San Jose on Feb. 28, 2022.
Seeking revenge and vigilante justice, 42-year-old Velasquez fired through his own windshield toward the fleeing truck, Deputy District Attorney Aaron French said. On Monday, French displayed photographs in the courtroom showing Goularte’s truck riddled with bullet holes.
"The defendant chose to impose and execute a death sentence for Harry Goularte in the middle of the day, in the middle of the streets," French said. "He pursued and hunted (Goularte)."
Velasquez narrowly missed his intended target and accidentally shot Goularte’s stepfather, Paul Bender, who was also inside the truck with Goularte's mother. In the courtroom, French played a frantic 911 call made by Goularte's mother.
Bender read a victim impact statement Monday while the courtroom was packed with Velasquez's supporters. Bender said, if Goularte had not applied pressure to his bullet wounds before paramedics arrived, "I would have bled out and I would not be standing before you today. I am asking this court to sentence Cain Velasquez to the maximum sentence."
Cain Velasquez talks to people in the courthouse on March 24, 2025. (KRON4 Photo)
French said the UFC champion carried out a crime with an "extraordinary level of danger," and it was "miraculous" that Bender was the only person shot in the melee.
Velasquez's teenaged daughter stood up in the courtroom and told the judge that she wants her father to be able to attend her high school soccer games. "My dad has always been my biggest supporter. My dad is why I'm strong as a person. He has the biggest heart," she said.
Velasquez's wife said separating him from his children will take an "emotional toll" on their children.
Bocanegra allowed Velasquez to speak for his sentencing hearing. The MMA star said he was ready to accept whatever sentence the judge handed down. "I am truly sorry. My actions were reckless. I am ashamed and regretful for how I handled myself. Out of all of this, I wish safe healing for my family, the Goulartes, and the community," Velasquez said.
His defense attorney said her client does not deserve prison time. He has already served one year in jail and two years on house arrest with an ankle monitor. She told the judge that probation would be a fitting sentence.
Cain Velasquez speaks out before his sentencing hearing
"This is a difficult case. Under Marci's Law, (Velasquez's) family is also considered victims. There are victims on both sides of this," the defense attorney said. "Parents feel it’s their responsibility to protect their children."
When Velasquez's child told him about the alleged sexual abuse at daycare, the father felt "immeasurable pain" and devastation. On the day of the shooting, Goularte had been released from jail and planned to continue living at his mother's home daycare, the defense attorney said. "Cain knows the abuser is going to return to the daycare," she said.
"If he could go back in time, he would not make that choice. He understands that was the wrong choice. But sit in his shoes for a minute. As a parent it’s painful to even think about," the defense attorney said.
Judge Bocanegra agreed with the defense. The judge said up until the day of the shooting, and every day afterward, Velasquez has been a law-abiding citizen, a loving father, a well-respected member of the community, and a national champion wrestler.
Velasquez spent his last few months of freedom working as an MMA and Jiu Jitsu coach around the Bay Area, spending time with his children, and appearing with a nonprofit, Chokeout Cancer, at children’s hospitals to visit young patients who are battling cancer, court records show.
Several young local athletes who are coached by Velasquez attended Monday's hearing to show their support.
Accused child molester Harry Goularte claims judge fell asleep
Goularte's felony child molestation trial is scheduled to begin on June 2. He has pleaded not guilty to committing lewd acts with a minor. Goularte, 46, remains out of custody with GPS monitoring.
Goularte's mother, Patricia, talked to reporters after Velasquez's verdict was read. "The sentence is extremely disappointing. It's based on an allegation (of child molestation) that has no basis. We are looking for the opportunity in Harry's case to prove that. It's sad that the court system and the public can be influenced by simply somebody stating something with no facts," Patricia Goularte said. ...read more read less