A civil lawsuit has been filed in Santa Clara County (California) court as the criminal justice system continues to sort out the arrest of a suspected child abuser.
According to a complaint obtained by MMA Junkie, Goularte, his company Certified Custom Concrete, his mother Patricia Goularte and her company Patty’s Childcare, and his stepfather Paul Bender are all accused of sexually assaulting a youngster.
The defendants are charged with failing to adequately supervise and care for the alleged victim, according to the 13-page indictment. It further claims that Goularte sexually molested the claimed victim, accusing him of stripping the boy off, stroking his privates, and exposing himself to the child several times between 2021 and 2022.
According to the lawsuit, the personnel at Patty’s Childcare, Patricia Goularte, Bender, and both failed to effectively monitor and oversee Harry and the victim. This enabled this behavior and continued the conduct to occur.
The statement reads: “Despite the warnings, observations, and signs of inappropriate behavior and conduct, Harry, at all times, remained permitted to reside on the property of Patty’s Childcare.”
The lawsuit additionally alleges that everyone engaged at the home daycare failed to respond appropriately to a sexual assault that the defendants knew about or ought to have known about. The lawsuit also makes mention of prior violations the daycare got from the State of California for insufficient kid monitoring.
Through social service records, MMA Junkie was able to corroborate that there had been 10 breaches at the daycare since 2018. However, none of them were sexual in nature.
Harry Goularte and Paul Bender were mentioned by name in many inspection reports. It was said that both had obtained clearances or exemptions from the child abuse index. They had successfully completed the appropriate criminal background checks. According to the records, Patricia Goularte has had a childcare license since 1988.
The following statement was supplied to MMA Junkie via email by attorney Warren Paboojian. He is designated as the plaintiff’s representative in the legal case.
According to Paboojian, “The defendant should be prosecuted to the full extent of the. His terrible criminal acts of abusing (my) client should (receive) the harshest criminal punishment available by law. The daycare facility should never operate again.”
“And the owner should be held accountable both civilly and criminally for her neglect. This daycare has a history of neglect when it comes to following state laws pertaining to child safety and care.”
According to the complaint, the plaintiff asks the court to grant judgment against the defendants for pre-trial interest, punitive damages against Harry Goularte alone, expenses, lawyers’ fees, economic damages, non-economic damages, and any other further remedy it deems necessary.
Goularte entered a not guilty plea on June 6 at a hearing in Morgan Hill, California while being free on bond. He is scheduled to appear in court again on September 20 on one felony allegation of indecent actions with a young kid.
Goularte may get up to eight years in jail and/or a $10,000 fine if proven guilty of the crime. On the other hand, if Velasquez is found guilty of attempted murder, he may spend the next 20 years to the rest of his life in jail.
According to online records, Velasquez is still detained in the Santa Clara County Main Jail North while he waits for his rescheduled plea hearing on August 19.