Defense attorney John Wilschke and defendant
  • Defense attorney John Wilschke and defendant
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The attorney for Juan S., 40, suggested that his wife got those bruises on her throat during her Brazilian jiu jitsu classes. Prosecutor Jared Coleman alleged that Mrs. S. was injured when her husband choked her, after he saw a text message on her phone from a man she met at the gym.

Defendant S. pleaded not guilty to three felony domestic violence charges: corporal injury, assault likely to cause great bodily injury, and false imprisonment by violence, at a preliminary hearing today, Tuesday, April 24.

Carlsbad police officer Duncan Sanchez testified that he was sent to do a welfare check on a woman who had left the emergency room at Palomar Hospital, after she received a phone call from her husband. The hospital staff said she came in seeking treatment for a painful and inflamed throat.

Officer Sanchez said he went to the apartments in the 1500 block of Whitman Way in Carlsbad on Sunday, February 11. The woman who answered the door said there was a “dent” in her neck and that is why she went to the emergency room.

Mrs. S. further explained that it was the day before that her husband had put her in a “rear naked choke hold” with his forearm around her neck, from behind. She told the officer that her husband is a brown belt in Ju Jitsu. And that he had her face down on their bed during the choking incident, and because of his weight she couldn’t really fight back. At some point he released her and then he pulled her up off the bed by her hair.

The woman claimed the assault occurred about noon that Saturday.

The officer estimated that Juan S. was 6 foot 3 inches tall and 240 pounds and his wife was 5 feet 7 inches tall and 160 pounds.

Farideh Farheidar, a forensic nurse examiner, testified that during strangulation “by hand or ligature or forearm, the blood flow to the brain is stopped.” And “It takes only from 7 to 10 seconds the patient can lose consciousness.” And “It could be lethal.” Farheidar stated that the lack of oxygen could cause miscarriage if the victim is pregnant.

Defense attorney John Wilschke argued that the traumatic condition of the alleged victim “is de minimis if that,” and that defendant S. has “limited criminal history” of just one felony assault charge from 2003 and that was “a non-strike.” Wilschke said of S., “He has been completely law-abiding the last 15 years, all those years with this wife.” He asked the charges to be reduced to misdemeanors.

Judge David J. Danielsen ordered Juan S. to face trial on three felony domestic violence charges, and to honor the criminal protective order for the alleged victim. The defendant is currently at liberty on bond.

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