Calif. Man Sentenced to Five Years for Assaulting Bisexual Man

Santos Manuel Marquez-Montiagudo was sentenced to four years in prison Thursday for assaulting an acquaintance after Marquez-Montiagudo learned the other man identified as bisexual, reports The Daily Journal of San Mateo, Calif. Marquez-Montiagudo, 37, pleaded no contest to felony assault and inflicting great bodily injury.

Marquez-Montiagudo and the victim met a mutual friend at a taqueria July 20, 2013 in San Mateo, reports Bay City News Service. It was there that Marquez-Montiagudo learned of the victim's sexual orientation. The trio left the establishment, and en route to another location, a fight ensued when Marquez-Montiagudo asked the victim not to walk next to him so people didn't think he was gay, according to prosecutors in the case.

Marquez-Montiagudo used his bike lock as a weapon against the man, who had to be rushed to a hospital. The 55-year-old victim, whose name has not been released, suffered a fractured skull, jaw, orbital bone, and rib. Marquez-Montiagudo, was originally charged with a hate crime. Last year, however, Judge Marta Diaz dropped the hate-crime due to what she deemed a lack of evidence, according to The Daily Journal.

Marquez-Montiagudo's attorney, Laura Torres, was pleased with the charge's dismissal, as she said her client is not homophobic and has many gay friends. Both the victim and Marquez-Montiagudo were heavily intoxicated and had difficulty giving a clear accounting of the event, she said. A hate-crime conviction could have added three years to his sentence.

San Mateo County Judge Jonathan Karesh sentenced Marquez-Montiagudo to four years in state prison, with credit for 373 days of time served. He will also be required to pay fines and restitution to the victim, with the amount to be determined.