On November 4, 2008, the People of the State of California approved Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure provides additional rights to victims of domestic violence.
In most cases drugs and alcohol is a driving force in a domestic violence, but there are also environmental factors that can escalate violence in a home.
21-year-old Oscar Morales Osorio was recently arrested under PC 273.5(a), domestic violence, PC 242-243(a) misdemeanor battery, and PC 148(a) (1) resisting an officer. On Sunday, July 29, the San Jose Police 9-1-1 Dispatch Operators received a call about a domestic dispute that had grown extremely violent, with the male suspect taking an infant child without the permission of the mother.
It had been two weeks since Osorio and the female victim had started renting a single room in a two bedroom apartment when their sometimes violent relationship became known to others inside the small apartment complex. The female victim, Osorio’s girlfriend, had been living with him for the past two years, and they had a child together. The fight began when their baby began to cry, waking him while he was trying to sleep. She went into the room to get the child and pulled her shirt up to breast feed the small infant, when Osorio reportedly became belligerent about her breast showing.
According to official reports, Osorio said, “Why is your shirt up?” “Why does it have to be all the way up, who the hell are you showing it to?” he said. And then without saying anything else he began to hit her in the thigh. The victim then pushed back, telling Osorio not to hit her. Osorio then hit her in the pelvis. She again hit Osorio, telling him to stop hitting her. She then left the room and went into the kitchen to be left alone.
Osorio went back to bed after being woken up. But some time later the baby needed to be changed. The female victim took the baby into the bedroom to change the diaper quietly, but then the baby started to cry, waking Osorio again. Osorio said “What are you doing?” and then jumped up and started to hit her in the face, causing her to run to the front door and yell for help. The building manager came to try and see what was happening as he heard the female victim crying and yelling. As he confronted Osorio standing over the female victim, he watched as he continually punched her in the face and neck.
The female victim was trying to kick Osorio in the back to get him to move from on top of her and get him to stop. When the building manager tried to stop him, Osorio swung around and told him it was none of his business and that he should stop interfering. He then hit him mouth several times before turning back to the female victim, hitting her again in the face.
Acting even more erratic Osorio ran into the bedroom and took the small baby, and ran out from the apartment without his shoes or shirt. Osorio was found outside in a fenced courtyard of the apartment complex. Neighbors started to gather around after seeing the scuffle. As he stood holding the baby, everyone stared. The SJPD arrived and began to negotiate with Osorio to try and calm him down. He surrendered the baby, and was then immediately taken into custody by several officers at the scene.
Osioro was booked into Santa Clara County Main Jail and is awaiting his next court hearing scheduled for December 15 in the San Jose Hall of Justice, at 1:30 PM in Dept 35.
With more than one contact per day for domestic violence in cities like Milpitas and San Jose, the number of fights between domestic partners is on the rise. Santa Clara County law enforcement agencies are working alongside the District Attorney’s Office and the Victim Witness Assistance Center (www.victim.org) to honor and protect victims of domestic violence.
If you know anyone that is a victim of domestic violence don’t wait for the violence to escalate help them to stop the violence today.
