BAKERSFIELD, Calif. (KGET) — Nine months ago, a Bakersfield grandfather was beaten to death downtown. Two men have been charged in his death, but the victim’s family is pleading for the District Attorney to file more serious charges against the suspects.
“I wouldn’t say that they don’t care, I just feel like they don’t have the time. Maybe they just have too many cases, they’re trying to get these easy convictions,” said Melissa Martinez, Rolando Anaya’s ex-wife.
On Jan. 5, 46-year-old Anaya went out for a night of laughter at a downtown comedy club. After the show, he met his brother Mario Reyes and his son Rolando Anaya Jr. at a downtown bar.
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“He was just here and now he’s not,” said Anaya Jr. “I’ll never get to talk to him again. If I didn’t leave him, you know, if I just stayed 30 more minutes, my dad would still be here,” said Anaya Jr.
After his son left, Anaya stayed a little while longer before leaving himself. Anaya’s family said he got into a confrontation with four others as he left The Mint bar at 19th and M streets around 1:30 a.m.
He was attacked near 19th and K streets. He was outnumbered, overpowered and left to die on the asphalt, the perpetrators running into the night.
Reyes was the first family member to see the crime scene.
“I literally just saw my brother talking, dancing and laughing and now he’s lifeless on the ground,” Reyes said.
The Kern County Coroner’s Office said the cause of Anaya’s death was blunt force trauma. It took nine months, but two arrests were made.
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George Fierro, 23, is charged with assault causing great bodily injury. Mark Hernandez, 22, is charged with involuntary manslaughter, assault and battery.
“(Involuntary) manslaughter isn’t justice for us,” said Martinez. “For him to be continuously beat as he’s on the ground, not responsive, not fighting back, not conscious, and the continuous hits and stomps and kicks, that’s intent.”
The Anaya family said the DA’s reasoning for not filing more severe charges is that Anaya’s coroner report suggests he may have died of a heart attack.
But Martinez said she called the coroner’s office herself.
“They basically tell me, the same exact way that I’ve been feeling, that his manner of death is the same. It’s blunt force trauma to the head and it is a homicide. Ultimately, he wouldn’t have suffered a heart attack if he wasn’t beaten,” Martinez said.
We reached out to the District Attorney’s Office and spoke with the Assistant District Attorney Joseph Kinzel. Kinzel said the charges were filed after a thorough review of all the evidence.
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However, Kinzel also said a detailed discussion of evidence with the public, like Anaya’s cause of death, can’t be held until the criminal case has concluded.
Danielle Anaya, Anaya’s daughter, said she only wanted her father to be able to watch his grandchildren grow up.
“I would have never imagined a day that we would have to sit here and be pleading for the system to give us justice for my brother,” said Reyes.
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