Abrams, Ironton Hit DeCastro with Motions to Dismiss

Jose “Chille” DeCastro‘s life became infinitely more complicated this week with a mix of good and bad news on the legal front as multiple lawsuits were updated this week which included an epic slap down of the diminutive YouTuber by former friend Josh “Accountability for All” Abrams.

Please note that all available documents in PDF format relating to the stories we’re about to cover are available in the text version of this story at reallycoolnews.org and on PDocs’ thepublicdocuments.com.

We’ll start with the good news. DeCastro’s lawyer in his on-going lawsuit against fellow John “Irish Demon” O’Dea filed paperwork on Monday to officially hold O’Dea in default while reserving the option for monetary damages for a later time.

DeCastro is suing O’Dea over the use of his footage in violation of the Digital Millenium Copyright Act along with the request for monetary damages for O’Dea’s alleged actions in a hack and porn bombing of DeCastro’s channel in 2024.

O’Dea privately admitted the actions on various Discord servers after the hack. An eventual accomplice of O’Dea’s had also been shopping around access to an old Streamyard account with DeCastro’s credentials for weeks before the event and implicated O’Dea in the hack.

DeCastro is represented by That Randall S. “The Unhinged Attorney” Newman, Esq., in the lawsuit. O’Dea has not acknowledged the lawsuit, though the judge has allowed service via e-mail to both O’Dea’s email and to the e-mail address of a business partner to O’Dea.

With a default declaration, this would be Newman’s first win in his on-going batch of First Amendment auditing related copyright related lawsuits.

Turning to DeCastro’s on-going lawsuit against the Las Vegas Metro Police Department. DeCastro is suing the LVMPD after a March 2023 incident where he was arrested for interfering with a crime scene and obstructing an officer.

DeCastro spent about four months in the Clark County, Nevada, Jail before having his conviction overturned in 2024. DeCastro sued the LVMPD in 2023 for the actions of the officers on the scene along with injury claims. He also recently started a lawsuit against the judge who found him guilty along with the judge who eventually freed the YouTuber.

In this case against the LVMPD, a scheduling hearing was held on Wednesday that officially set the trial in the lawsuit for February 9, 2026. The trial is expected to last 5 days and there are still outstanding questions as to what will be available for DeCastro to use at trial.

Last week the LVMPD filed a motion to limit DeCastro’s ability to mention his alleged injuries and his pain and suffering at the trial. This motion is still outstanding and basically argued that DeCastro offered up no witnesses, diagnosis or related expenses for injuries to his groin and his Ulnar nerve that he allegedly experienced during the initial arrest.

With DeCastro demanding $1,000,000.00 in damages, he put no effort into showing that he was injured or offering witnesses to provide background on those injuries before the legal deadlines to do so.

DeCastro is represented by attorney Michael Mee in the lawsuit, so excusing the errors for the incompetence of a Pro Se plaintiff, which he has used in the past, should not prove to be an option in this case.

The LVMPD is also looking to exclude mention of DeCastro’s conviction and acquittal of the charges involved in this case since they were held on the state level. DeCastro’s lawsuit is being held in Federal court and the differences in the laws that apply between State and Federal courts is seen as confusing to a jury.

Multiple rulings are expected before the first week of February.

Also of note, DeCastro is now more than two weeks late filing his response to the motion to dismiss his lawsuit by Clark County Deputy District Attorney Agnes Botelho and Clark County in his lawsuit involving nearly everyone involved in his trial and conviction in 2024.

This is an unusual circumstance as DeCastro had not served either Botelho or Clark County and had requested alternative service for both before the surprise filing. DeCastro has a February deadline to serve the rest of the defendants in the lawsuit.

There are no updates to DeCastro’s previously alluded to planned lawsuit against Las Vegas Metro Police officers who arrested him for interference in February of 2024. The two-year statute of limitations runs out on February 14, 2026.

DeCastro’s revised Ironton, Ohio lawsuit has also finally seen action this week. DeCastro had filed suit against the town of Ironton and the county of Lawrence, Ohio, in 2022, to challenge trespassing charges that DeCastro ultimately fled from. He still has an active warrant in Ohio based on that action.

After he had initially lost the lawsuit and was appealing it in Federal Court in Ohio, he filed a second version of the lawsuit in Nevada’s Federal District Court. Instead of immediately dismissing the case for being duplicative, for some reason it was allowed to go forward in Nevada before being sent to Ohio and assigned to the Judge who handled DeCastro’s original lawsuit.

In the revised lawsuit, both the Ironton defendants and the Lawrence County defendants filed to revive their previous motions to dismiss the lawsuit. Both motions had been rendered moot when the case was transferred to Ohio.

With the motions now granted, the Ironton defendants have already refiled their motion to dismiss with the Lawrence County defendants expected to do so later today. This means DeCastro’s deadlines to respond to both motions will fall within the window of his scheduled trial against the LVMPD.

Finally, YouTubers Dale “Lackluster” Hiller and Josh “Accountability for All” Abrams responded to DeCastro’s complaint in DeCastro’s lawsuit against the pair with a motion to dismiss the lawsuit along with a request for sanctions.

DeCastro originally sued defendants Kate Peter, who has yet to be served in this lawsuit, and Abrams in 2022 for defamation charges based on a livestream held in August of 2022 where both defendants allegedly defamed DeCastro.

He would originally attempt to have those charges dismissed against both YouTubers to transform his lawsuit into a copyright lawsuit against both defendants and YouTube/Google in October of 2022.

The Judge in the case ruled that since Peter and Abrams had filed counter claims shortly before DeCastro motioned to drop his original charges, their counter claims would stand. The lawsuit and counter claims would be dismissed in 2023.

DeCastro, while waiting for a verdict in the revised lawsuit, repackaged the defamation claims into a California Superior court lawsuit against Peter and others in 2023, which was dismissed in 2025.

That lawsuit is notable because DeCastro went on record with the court to state that he would sue the defendants repeatedly to inflict as much financial damage as possible before eventually gaining a victory.

In Tuesday’s filings, attorney Joshua Garick, representing Hiller and Abrams, noted this and that DeCastro has openly admitted to jurisdiction shopping as the statute of limitations to bring his claims against Abrams had run out in 2024 in DeCastro’s home state, while Abrams’ home state of Massachusetts had a three-year statute of limitations.

The attorney hit DeCastro for not showing how he came up with his $1,000,000.00 damage claim based on losing approximately 400 subscribers. DeCastro currently has a little over 680,000 subscribers and did not show how losing 400 subscribers from the alleged statements by the defendants would justify such a payout.

This was a sore spot for Abrams, as his counter claims in the original lawsuit were thrown out in part for Abrams’ inability to justify his monetary demand for damages.

Garick also shared proof that while DeCastro claimed that Massachusetts had personal jurisdiction over Hiller as he believed Hiller lived in the Commonwealth, he, in fact, lives in West Virginia and has never been to Massachusetts.

Stating that the lawsuit itself is frivolous, Garick is asking the Court to dismiss the lawsuit to sanction DeCastro.

This case was recently reassigned to Judge Allison Burroughs, who oversaw DeCastro’s original lawsuit against Abrams and Peter.

DeCastro’s response to the motion to dismiss is expected by early February.

Update: The Lawrence County defendants filed their motion to dismiss shortly after the publication of this article. It is included with the rest of the PDF Documents.