An apparently desperate Jose “Chille” DeCastro filed a motion to support his motion to reconsider his motion for preliminary injunction to stay Nevada state level criminal charges against him with the Las Vegas Based federal court handling his federal civil rights lawsuit against the police officers who arrested him in Las Vegas in March.
In his new filing, DeCastro claims that the arraignment scheduled for June 13 did not actually happen as he classified it as a “status check” with his attorney receiving but not accepting a plea offer from the state on his behalf.
As the judge ordered DeCastro’s attorney to return on June 27th to deliver DeCastro’s decision and that the attorney indicated that the plea deal calls for DeCastro to plead guilty to charges in the case, he could still face excessive force from police if he were to accept the plea deal and must serve jail time.
DeCastro added a new concern to his motion as he now claims that he is in an age group that is susceptible to the COVID-19 virus and that COVID is running rampant in Nevada jails. DeCastro, who has expressed anti-mask and anti-vaccination stances in the past, now embraces the threat of COVID as a factor that should be used in staying his criminal proceedings.
The Court has already ruled against his original attempt to stay proceedings due to the Younger doctrine, which prevents federal courts from intervening in state level criminal cases. DeCastro is claiming that Younger should be put aside as there was a clear error in the original ruling against him as the court had assumed that his motion to stay was moot as his arraignment had already been held.
DeCastro also adds an extended statement on the training videos provided to police by the Las Vegas Police Protective Association, claiming that their training states that officers should not arrest those people who are recording active investigations as long as the individuals were not obstructing the investigation.
The homeless YouTuber and activist was arrested in Mid-March 2023 for obstructing an officer and interfering in a traffic stop.
