Friday, April 24, 2015
YOLO COUNTY NEWS
99 CENTS

Testimony continues in Davis hate-crime case

By
From page A1 | May 21, 2013 |

Clayton Garzon is charged with assault and hate-crime enhancements. Enterprise file photo

WOODLAND — Anti-gay slurs often are used to challenge a person’s masculinity, and do not necessarily demonstrate bias against homosexuals, a linguistics expert testified Monday in Yolo Superior Court.

William Eggington, chair of the linguistics department at Brigham Young University, was called as a defense witness for Clayton Daniel Garzon, the 20-year-old Davis resident accused of brutally beating a gay man in what authorities have classified as a hate crime.

Judge David Rosenberg is expected to rule today whether there is sufficient evidence for Garzon to stand trial for the March 10 beating of Lawrence “Mikey” Partida outside his cousin’s I Street home, where family and friends had gathered to celebrate Partida’s 32nd birthday.

Garzon has pleaded not guilty to the charges against him, which include felony counts of assault, battery and criminal threats, all of which carry hate-crime enhancements that, if proven, could increase the penalties in the case.

Eggington took the witness stand during the second day of Garzon’s preliminary hearing. He testified that language is “incredibly nuanced,” with a single word having various meanings when used in different social contexts.

Research shows “there’s a wide range of usage attached to the words ‘fag’ and ‘faggot,’ ” Eggington said. He likened the term to “sissy” and “girlie man” — “loaded terms that challenge masculinity.”

In other settings, the word has been used as a put-down, synonymous with “stupid” or “idiot,” Eggington said.

Witnesses have testified that Garzon hurled the slur several times at Partida as he and his cousin Vanessa Turner left another cousin’s I Street home during the early hours of March 10. Turner previously testified that Garzon became angry when she and Partida shrugged off Garzon’s attempts to talk to her.

After the beating, Garzon allegedly pounded on the front door of the I Street house and said, “Your faggot cousin was talking sh–. I had to f— him up,” Channon Cooper, who also lives at the house, testified under questioning by Chief Deputy District Attorney Jonathan Raven.

Garzon’s attorney, Linda Parisi, has contended her client used the slurs in the context of youthful “slang” and not as a reference to Partida’s sexual orientation. She maintains Garzon was raised in a tolerant household that included positive relationships with a gay uncle, neighbor and friend.

Monday’s hearing also shed additional light on the injuries Garzon suffered to his face on the night of the beating. Parisi displayed a photo of her injured client several times during the hearing’s first day on May 10, showing several scrapes and gashes to his face.

Josh Lawson, a bouncer at G Street WunderBar, said he was walking home from work at about 3:45 that morning when he heard a commotion from outside Partida’s cousin’s home. He said he walked up to discover Partida, whom he knew, “bleeding from every hole in his head.”

As Lawson dialed 911, Garzon — who was being detained by Cooper — hopped the front-yard fence and ran toward his house across the street, Lawson recalled. As he ran toward a stairway at the rear of the house, Garzon tripped over a bender board in his front yard and fell onto his face.

Lawson said he caught up to Garzon before he was able to enter his home, twice compressing his neck and causing him to lose consciousness because he feared Garzon would attack him, he said.

Lawson also testified he had shone a flashlight into Garzon’s face before the pursuit and saw no injuries.

Partida, who was hospitalized for nearly two weeks following the assault, suffered fractures to his skull and rib cage during the beating,Davis police Detective John Evans testified. He also underwent surgery to remove from his right eye socket a nearly two-inch-long piece of wood — possibly from being impaled on a fence post during his assault — which Raven displayed in court in a plastic evidence bag.

Evans said Partida recalled that Garzon had followed him and his cousin around the block after they left the party, and he that he was attacked when he went back for a set of forgotten keys.

Under cross-examination by Parisi, Evans said Partida initially identified his assailant as someone named “Nick,” and that he failed to identify Garzon out of a photo lineup shown to him by police.

The preliminary hearing concludes today with testimony from a final defense witness before Rosenberg issues his ruling.

Garzon reportedly waived his right to a preliminary hearing last week in another pending assault case in Solano County, stemming from a September 2012 stabbing at a Dixon house party. His arraignment in that case is set for May 31.

— Reach Lauren Keene at [email protected] or 530-747-8048. Follow her on Twitter at @laurenkeene

Comments

comments

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

     
    Water and power have a troubling interdependency

    By New York Times News Service | From Page: A1 | Gallery

    New design submitted for conference center

    By Dave Ryan | From Page: A1 | Gallery

     
    Bob Dunning: Fairness is an afterthought for them

    By Bob Dunning | From Page: A2

    Los Angeles march to commemorate Armenian killings

    By The Associated Press | From Page: A2

     
    Hostage deaths a reminder of risk of ‘deadly mistakes’

    By The Associated Press | From Page: A2

    Walkers head out three times weekly

    By Enterprise staff | From Page: A4Comments are off for this post

     
    Got bikes? Donate ‘em!

    By Enterprise staff | From Page: A4

     
    Need a new best friend?

    By Enterprise staff | From Page: A4 | Gallery

    Beginning tai chi classes start May 5

    By Enterprise staff | From Page: A4

     
    College Night set April 30 at DHS

    By Enterprise staff | From Page: A4

    Tour of co-ops precedes Sacramento conference

    By Special to The Enterprise | From Page: A5

     
    School board hears report on health services

    By Jeff Hudson | From Page: A5

    Mamajowali will perform at benefit house concert

    By Enterprise staff | From Page: A6 | Gallery

     
    Explorit: Celebrate International Astronomy Day

    By Special to The Enterprise | From Page: A6

    Learn basics of composting in Woodland

    By Special to The Enterprise | From Page: A6

     
    Take a peek at region’s past at Tremont Mite Society’s social

    By Special to The Enterprise | From Page: A8 | Gallery

    BeerFest expands to include cider

    By Enterprise staff | From Page: A8

     
    Winkler Dinner raises funds for enology, viticulture activities

    By Enterprise staff | From Page: A8 | Gallery

    Raptor Center welcomes visitors at May 2 open house

    By Trina Wood | From Page: A8 | Gallery

     
    Mapping where human action is causing earthquakes

    By New York Times News Service | From Page: A9

    Hummingbird health: Appreciating the little things

    By Kat Kerlin | From Page: A12 | Gallery

     
    .

    Forum

    Drink is a tasteless insult

    By Letters to the Editor | From Page: B4

     
    Tom Meyer cartoon

    By Debbie Davis | From Page: B4

    The fight for gender pay equity

    By Special to The Enterprise | From Page: B4

     
    Thanks for supporting the arts

    By Letters to the Editor | From Page: B4

     
    Bike Swap another success

    By Letters to the Editor | From Page: B4

    It’s a depressing beat

    By Creators Syndicate | From Page: B5

     
    .

    Sports

    Lehner talks about the UCD student-athlete experience

    By Bruce Gallaudet | From Page: B1

     
    Reeling Blue Devils stop skid against Sheldon

    By Evan Ream | From Page: B1 | Gallery

    Aggie Spring Game environment will up the gridiron fun factor

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    Rare DHS track loss still full of highlights

    By Enterprise staff | From Page: B1

     
    DYSA roundup: Lester, Osborne lead Storm over Dixon

    By Enterprise staff | From Page: B3 | Gallery

    Lady Demons’ fundraiser a smash hit

    By Enterprise staff | From Page: B3 | Gallery

     
    Pro baseball roundup: River Cats lose their fourth straight

    By Staff and wire reports | From Page: B12

    .

    Features

    .

    Arts

     
    ‘Ex Machina': The perils of playing God

    By Derrick Bang | From Page: A10 | Gallery

    Ceramicist works will be featured at The Artery

    By Special to The Enterprise | From Page: A11 | Gallery

     
    .

    Business

    Chamber expands Korean sister-city opportunities

    By Felicia Alvarez | From Page: A5 | Gallery

     
    Car Care: Tips for buying your first ATV

    By Special to The Enterprise | From Page: B6

    Subaru goes rear-wheel drive with sporty BRZ coupe

    By Ann M. Job | From Page: B7 | Gallery

     
    .

    Obituaries

    .

    Comics

    Comics: Friday, April 24, 2015

    By Creator | From Page: B5