Victim speaks out in court over release of inmate battling cancer. ‘Where are my rights?’
A Fresno street vendor who was shot in a robbery attempt in 2020 spoke out in court Wednesday over why he wasn’t told his alleged attacker was being released from jail.
The accused robber, Anthony Sandoval, 21, was given a compassionate release by Judge Jon Kapetan on Dec. 9. Sandoval has terminal cancer and was allowed to receive palliative care at his mother’s home.
Sandoval’s lawyer Charles Barrett told Kapetan on Wednesday that his client is off chemotherapy and being given treatment for the pain from bone cancer.
Street vendor Francisco Velasquez Venegas, whose injuries still require the use of a cane, told Kapetan he was frustrated about the lack of communication.
“I understand that he gets his rights; however, where are my rights as a victim to be present?” he said.
Kapetan responded bluntly.
“The fact that I released him has nothing to do with rights, it has to do with something that I very rarely show in court and it’s compassion,” Kapetan said. “I am not saying he is a good man and I am not saying he is not a criminal, and I am not saying you don’t have rights which you certainly do. What I did is because his body is riddled with cancer.”
Kapetan added that if Sandoval recovers his case will proceed to a trial.
“And your rights as a victim will be honored,” Kapetan said.
Sandoval is charged with assault with a firearm and robbery. He and two accomplices are accused of being involved in the shooting of Venegas while the vendor was working in central Fresno on Oct. 18, 2020.
If convicted, Sandoval faces a prison term of up to 25 years to life.
Deputy District Attorney Lauren Meegan, who has taken over the case, told Kapetan she has been in regular communication with Venegas and will continue to do so going forward.
“This was an unfortunate situation,” Meegan said. “The hearing was moved up so this issue could be addressed. Mr. Venegas has my contact information and I will make every effort to update him.”
This story was originally published January 13, 2022 at 5:00 AM.
