By Jun Nucum
The Filipino couple assaulted in Sacramento early this year remains unwavering in their case against their attackers even as another Filipino family assaulted in North Hollywood last year decided not to push through with the trial of the suspect in their case.
Affirming their April declaration not to settle their case, Nicanor Nikki Arriola in an email interview reiterated their resolve to go on with the case against two alleged assailants, one of who was identified as Keylen Xavier Lee Farley, who attacked Arriola and wife Julienne Ochengco while the couple were taking a leisurely stroll in California state capitol grounds.
Three felony counts were filed against Farley by the Sacramento District Attorney, two for robbery of the second degree and aggravated assault and a third for elder abuse.
“We are really determined to push through with the case. Many are backing us up in our decision saying that those who assaulted us should really be punished for what they did to us,” Arriola revealed. “We learned from our lawyer Emilee Divinagracia that the other side has a new lawyer and that the date of the preliminary hearing will be announced after the September 6 cancelation.”
Arriola added that it is harder to overcome the trauma they both are experiencing. Ochengco would suddenly burst into tears whenever it all comes back to her, Arriola revealed.
“The advice of our doctor is to have our injuries and trauma fully healed before even thinking of going back to work as it is very hard if I injure the broken ribs that are slowly recovering,” Arriola said.
Arriola did not react to the Roque family’s decision not to push through with their trial as Arriola said he just came back from the Philippines and was not familiar with the Roque case.
Arriola said that their case has caused he and wife Julienne physical injuries, psychological trauma and mental anguish hindering them from making a living as caregivers.
Arriola’s statement came at the heels of the decision of the Roque family to do away with the trial of their own case against Nicolas Weber who has been convicted on three counts — one of felony assault by means likely to cause great bodily injury against patriarch Gabriel Roque, one of felony assault by means likely to cause great bodily injury against Nerissa Roque, and one of misdemeanor DUI (driving under the influence).
Fifteen months after experiencing a supposed hate crime, the Roque family decided not to move forward with a trial and ultimately agreed to settle on a plea deal for Weber.
As part of the plea deal Weber is required to complete 40 hours of an individual anti-bias treatment program, complete 40 hours of a group anti-bias treatment program and participate in an 18-month alcohol program.
Weber will also be released from custody after the sentencing hearing after being credited for time already served in jail.
In her impact statement, Nerissa Roque shared that their family’s life has been changed.
“When I see my family, I have no choice, I have to work. I can’t even shop close to where we live anymore. I also wasn’t able to get therapy immediately because I didn’t have insurance. We were still searching for resources during that time.”
Nerissa also mentioned trauma aside from having nightmares, chest pains, trembling, feeling of anger and paranoia as she keeps remembering the attack over and over again. And that had to set them aside to work, lest she gets no income.
Nerissa also lamented that her family was accused of profiting from the help of the community, when in the first place, it should have been the government’s responsibility to assist them.
She also cited that they got little cooperation and support from authorities.
“My family and I decided to just accept the plea deal because I no longer want my child, Patricia, to go through this. No parent in the courtroom can endure what my child endured. That’s why we chose to accept the plea deal, not because accepting it means we’ve achieved justice. We simply didn’t have a choice. We simply didn’t have a choice,” Nerissa summed it up.
“The process of asking for justice was traumatic and unfair. What was most traumatic was how the justice system twisted events to make it appear that there was no hate crime and our family was subjected to the process of making what is wrong seem right and given no other choice but accept things as the system seems fit. I used to say that injustice only happens in the Philippines. It also happens in the United States,” Gabriel imparted.
Patricia disclosed that far from benefiting from the hate incident, her family, in reality, has been financially struggling, and the donations allow her parents to take a couple days off from their 14-hour, 1 day off per week jobs.
“Is it really monetary greed when everyday you’re thinking of food and shelter for your family? It takes a lot to survive, and it takes even more to live comfortably, and we simply do not have that luxury.”
