Alleged Cain Velasquez target Harry Goularte, family face civil lawsuit detailing accusations of molestation, negligence

While the criminal justice system continues to work itself out pertaining to the arrest of accused child molester and alleged Cain Velasquez shooting target Harry Goularte, a civil complaint has been filed in Santa Clara County (Calif.) court.

According to a complaint acquired by MMA Junkie, Goularte, as well as his business, Certified Custom Concrete, his mother Patricia Goularte and her business, Patty’s Childcare, and his stepfather Paul Bender face a number of allegations pertaining to the alleged sexual assault of a minor.

The plaintiffs listed on the document are anonymous albeit for initials, which shared the initials of Velasquez’s 4-year-old son, whom Velasquez’s criminal defense attorney Mark Geragos identified as the alleged victim in the criminal case.

The 13-page document accuses the defendants of not properly providing adequate supervision and care to the alleged victim. It also states the alleged victim was sexually abused by Goularte, who is accused of removing the child’s clothing, touching the child’s privates, and exposing himself to the child “numerous times” from 2021-2022.

The complaint alleges Patricia Goularte, Bender, and Patty’s Childcare staff “allowed this behavior and conduct to occur and continue to occur and failed to adequately monitor and supervise [the victim] and Harry.”

“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 document states.

The complaint further asserts all involved at the home daycare, where Goularte also lived, did not take proper steps to deal with sexual assault that was known about or should have been known about by the defendants.

Past violations

Also referenced in the complaint are past citations the daycare received from the State of California for inadequate supervision of its children.

MMA Junkie confirmed through social service documents that the daycare had 10 violations since 2018, though none were sexual in nature. In 2018, the daycare was written up twice for being “out of ratio,” meaning an inadequate number of supervisors for the amount of children present.

The first violation narrative stated “LPA observed licensee and two assistants working in backyard preparing for an invent. All children were in the home without supervision.”

Multiple inspection reports referenced Harry Goularte and Paul Bender by name and cited that both had passed necessary criminal background checks and received child abuse index clearances or exemptions – the most recent in January 2022. Patricia Goularte is listed as having a daycare license since 1988.

‘The harshest criminal punishment available by law’

Attorney Warren Paboojian, who is listed as representing the plaintiff in the civil complaint, provided the following statement to MMA Junkie via email.

“The defendant should be prosecuted to the full extent of the law,” Paboojian wrote. “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.”

The plaintiff seeks judgement against the defendants for economic damages, non-economic damages, costs and attorneys’ fees, punitive damages against Harry Goularte only, pre-judgement/pre-trial interest, and any other/further relief the court deems appropriate, according to the complaint.

Where things stand

Goularte, 43, is currently out on bail and pleaded not guilty June 6 at a hearing in Morgan Hill, Calif. He faces one felony charge of lewd acts with a minor child and is due back in court Sept. 20. The preliminary hearing will mark the first time Goularte has attended the court in person rather than virtually as he’s been doing.

If found guilty, Goularte faces a charge that carries a sentence of up to eight years in prison and/or a $10,000 fine. Velasquez, if found guilty on attempted murder, could face a prison term of 20 years to life.

Meanwhile, Velasquez had a bail request denied for the second time May 16. His plea hearing was granted a continuance June 6, the third continuance since his arrest. He remains behind bars in Santa Clara County Main Jail North as he awaits a his new plea hearing date of Aug. 19, according to online records.

The civil legal proceedings are scheduled to begin with a case management conference Sept. 6, per a court docket. Bender was served his summons June 1.