San Jose police on Thursday identified a 41-year-old man as the suspect in the assault of an elderly man following an alleged indecent exposure incident Monday at a park in East San Jose, police said. The San Jose Police Department’s assault unit issued a felony warrant for the arrest of Francisco Javier Olivo, of San Jose, after detectives viewed a video of the altercation taken by someone who knew the suspect, according to Sgt. Heather Randol. (story continued below video)
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Police reported that at 7:46 p.m. Monday, the suspect allegedly assaulted the elderly man, who is not being identified, in a men’s room at Fowler Creek Park at Altia Avenue and Cortona Drive, Randol said. The victim suffered injuries to his face from being punched several times before the suspect allowed the man to leave the bathroom, police said. An associate of Olivo who was present in the restroom videotaped the incident and police later obtained the video through a media organization and used it to substantiate that an assault occurred, Randol said.
The video contained information about a possible instance of indecent exposure in the restroom as the motive for the assault, but police have no evidence that it in fact happened there, according to Randol. “Really what we have is just an assault on this man,” Randol said. The suspect is free to give a statement to police about the alleged indecent exposure, Randol said.
The Santa Clara County District Attorney’s Office has filed a charge of felony assault with injury against Olivo, but there had been nothing yet to substantiate indecent exposure, she said. “Regardless, even if there was, it would not excuse the assault,” Randol said. “That’s a crime. We’re looking to see what occurred and if there are any other crimes.” Police would like to get the suspect in custody as soon as possible, she said.
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