Davis resident charged in hate crime beating of Mikey Partida
By Anna Sturla,
BlueDevilHUB.com Editor-in-Chief–
Davis resident Clayton Garzon was formally charged with three felonies on March 27, in connection with Garzon’s alleged hate crime beating of Davis resident Mikey Partida.
The hearing was held to arrange Garzon’s preliminary court hearing and set bail, and took place at the Yolo County courthouse in Woodland.
Garzon, 20, was present with his lawyer. Partida was not required to appear, and was absent, having been released from the hospital only the day before. Partida’s mother and aunt were present.
Garzon was charged with battery with serious bodily injury, with enhancement for being a hate crime, as well as making threats to cause serious bodily harm or death.
Mikey’s mother Gloria Partida gave a brief speech to the court.
“I’m here because the legal system’s duty is to uphold justice,” Gloria said, adding that she hoped the court would revoke Garzon’s current bail. Gloria also described the emotional impact of the beating on her son, saying that he could not “walk outside without looking over his shoulder.”
Garzon only spoke to answer his name, with the remaining time split between his lawyer and the prosecution. The defense centered its argument on the fact that the attack on Mikey, while “sad,” ultimately did not constitute a hate crime, maintaining that any anti-gay slurs used would have been drawn from a youthful lexicon, and did not represent any actual malice toward Mikey because of his sexual orientation.
The prosecution counter-argued, saying that the fact that Garzon had allegedly committed the attack after he was out on bail for stabbing four people during a fight at a Dixon house party. The prosecution also asked that the bail be set at $500,000. The argument for considering the attack on Mikey as a hate crime included Garzon’s “bragging” after the alleged incident, referring to Mikey, who is gay, using an anti-gay slur.
“These are senseless crimes,” prosecuting lawyer and Assistant Chief Deputy District Attorney Steve Mount said.
The most visceral moment of the hearing occurred when Mikey’s mother was called to describe the extent of her son’s injuries. His injuries included: a fractured skull, cranial bleeding, facial fracture, extensive bruising, and a two-inch piece of wood extracted from behind one eye, from when Garzon allegedly used a fence post to further hurt Mikey.
Presiding Commissioner Janene Beronio agreed with the prosecution’s argument that Garzon was a danger to the community, setting his bail at $520,000, and ordering that Garzon wear a GPS tracking device and a SCRAM bracelet to ensure that he does not engage in more underage drinking.
“I was very, very pleased that they set the higher bail amount,” Gloria said after the trial. “I felt validated.”
However, both Gloria and her sister, Frances Swanson, expressed disbelief and dismay at the defense’s argument that the attack on Mikey did not constitute a hate crime.
“It’s one thing to beat someone up, but to beat someone to death is hateful, and the only reason he’s not dead is we are blessed,” Swanson said, referring to Mikey.
