Two men were arraigned on felony assault charges and held on high bail amounts in a violent beating Sunday of two cousins at Levi’s Stadium in Santa Clara that left one victim suffering from paralysis after having part of his skull removed, prosecutors said.
Amador Anguiano Rebellero, also know at Jose Ramos, and his brother Dario Rebellero, appeared in jail clothes in Santa Clara County District Court in San Jose before Judge Hector Ramon, who set Amador’s bail at $350,000 and Dario’s at $75,000.
The Rebellero brothers were arrested at Levi’s Stadium shortly after 1:20 p.m. Sunday at the San Francisco 49ers football game when they allegedly got into a fistfight with the two victims while waiting for a toilet inside the men’s room on the north side of the stadium, according to Santa Clara police Lt. Kurt Clarke.
Deputy District Attorney Deborah Hernandez said that she asked for a large bail figure for Amador Rebellero because his victim in the fight ended up with bleeding in his brain, had to have part of his skull surgically removed to relive brain swelling and has paralysis.
The fight was an “unprovoked, vicious attack” that occurred despite the presence of about 50 witnesses, some of whom videotaped the incident, and began when Amador’s victim tapped him on the shoulder to let him know there was a vacant bathroom stall for him to use, Hernandez said.
“That tap basically has put this victim in severe condition and probably will affect his life forever,” Hernandez said.
A video of the altercation, which was taken by a bystander in the rest room, posted on YouTube and went viral, showed the beatings of both victims and the one who suffered brain damage lying unconscious on the floor, Hernandez said.
The District Attorney’s Office at first sought $1 million bail for each defendant because “this was unprovoked” and the victims “were two individuals trying to make the line move and all of a sudden they were beaten,” she said.
Each brother is charged with felony assault with force likely to produce great bodily injury and Amador is charged with an additional count of felony assault producing paralysis, Hernandez said.
Dario’s victim was treated and released after the fight but Amador’s victim remains hospitalized. The two victims are cousins, according to Hernandez.
In a statement of probable cause filed today in court, Santa Clara police Sgt. Ray Carreira wrote that the two victims, named as John Does 1 and 2, were in line inside the bathroom at Levi’s with Amador Rebellero in front of John Doe 2.
Amador Rebellero was talking to John Doe 1 when suddenly he “sucker” punched John Doe 1 and then John Doe 2 stepped in to help John Doe 1, Carreira reported.
John Doe 1 fell to the ground unconscious and John Doe 2 also fell down, was kicked and punched by the two suspects and was unable to fight back, the investigator stated.
When the beatings ended, the left side of John Doe 2’s head and face became swollen. Police then took statements from four witnesses, according to Carreira.
A 19-year-old man who said he was reluctant to speak about the fight said he saw John Doe 1 being pushed and punched to the ground and then the witness ran out of the bathroom for help.
A 28-year-old male witness said that the victims did not provoke the attack.
A stadium employee in the men’s room said he was standing a few feet away when John Doe 1 nudged Amador Rebellero’s shoulder to tell him about an open urinal as they stood in line, and Amador Rebellero turned to John Doe 1 and said he did not like being pushed, according to Carreira.
Then, John Doe 2 went to the open urinal and John Doe 1 told Amador Rebellero he did not want to fight or have any problems and the suspect started to hit him, police said.
The employee, fearing that guns or knives might be used, sprinted to report the incident to uniformed officers, and he described the two suspects as “gangsters,” according to the report.
The officers told him that both suspects had gang tattoos that indicated they were Norteno gang members, police reported.
A fourth witness, a 26-year-old man, was the person who videotaped the fight, according to Carreira.
He confirmed that John Doe 1 nudged Amador Rebellero about the open toilet, that the suspect then became aggressive and said he did not like to be pushed and John Doe 1 said he did not want a fight.
The witness said he then started filming “because he could sense an attack,” and then Amador Rebellero threw punches at the man without warning.
John Doe 2 tried to aid John Doe 1, pushing people away without throwing punches, and Dario and Amador “ganged up” on John Doe 2 and slugged him several times in the head, the witness told police.
The videotape showed Amador striking John Doe 1 three times in the head with closed fists, but the victim never threw blows at the suspect, according to the report.
John Doe 2 then tried to stop Amador from hitting the victim and Dario Rebellero allegedly grabbed ahold of John Doe 2 and threw him to the ground, where the victim’s head hit the concrete, and then Dario punched him at least twice, police said.
Amador Rebellero also slugged John Doe 2 on the side of the head and he struck John Doe 1 at least seven times, police said
The Rebellero brothers then left the bathroom but were arrested almost immediately, police reported.
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