SAN JOSE (BCN) — Two men were arraigned Tuesday for allegedly assaulting a Minnesota Vikings fan outside Levi’s Stadium in Santa Clara after a San Francisco 49ers game in September in an incident that was captured on video.
Hollister residents Felix Chavira II, 32, and Juan Arias, 33, were each arraigned on a charge of assault likely to produce great bodily injury for the alleged beating of a 35-year-old man outside the stadium near a parking lot on the night of Sept. 14, Santa Clara County Deputy District Attorney Alexandra Ellis said.
They both appeared out of custody in dark-colored clothing at the Hall of Justice in San Jose before Superior Court Judge Shelyna Brown and did not enter a plea.
A third defendant in the case, Eric Martinez, 30, of San Jose, was already arraigned in September and has since posted bail, Ellis said.
Chavira and Martinez also face a special allegation of personally inflicting great bodily injury on the man. They face a maximum sentence of seven years in prison if convicted, she said.
Arias faces an additional charge of misdemeanor assault on an 18-year-old security guard who tried to stop the fight. If convicted Arias can be sentenced to four years in prison, according to Ellis.
The victim suffered a concussion and is continuing to recover from the alleged attack, she said. The judge did not move forward with Ellis’s request to set Chavira’s bail at $75,000, the same amount granted to Martinez, but added conditions for him to report to pretrial services through the duration of the case, Ellis said.
Chavira’s defense attorney argued that the 32-year-old, who was in court with his wife and parents, has three children and has not committed any new violations since the alleged assault.
Chavira must submit to all property searches and drug and alcohol testing. Both defendants were ordered to stay 30 yards away from the victim and scheduled to return to court on Dec. 9.
On Sept. 14 around 10:20 p.m., the victim was exiting the stadium after the 49ers won 20-3 against the Vikings, prosecutors said.
The victim was attacked outside the stadium’s “C” gate, police said.
A widely circulated cellphone video of the alleged assault shows the victim being punched and repeatedly kicked in the head by multiple people, which police later identified as the three defendants.
The three men were arrested and booked into county jail two days after the alleged assault. Arias and Chavira posted bail soon after their arrest.
A 17-year-old girl was arrested in connection with the assault but she was released to her parents after police issued her a criminal citation.
The city revoked Chavira’s stadium builders license, which allowed him access to season tickets, because of his behavior during the Sept. 14 attack seen in the video, according to city spokeswoman Jennifer Yamaguma.
Since the assault, police and the Stadium Authority have taken actions to address fan violence including sending letters to license holders warning them of the consequences in violating their contract and increasing public service announcements for fans promoting good behavior, according to a Nov. 10 report from City Attorney Richard Nosky and police Chief Michael Sellers.
Alcohol sales stopped at the end or before the end of the third quarter during the team’s three home games in October, according to the report.