Jose “Chille” DeCastro’s attorney filed a transcript of the “June 5th, 2022” video where they said that Michael “Blue Bacon” Pierattini defamed DeCastro in the video, highlighting various comments and phrasing in the transcript to support their accusations.
One problem for DeCastro comes in the fact that there isn’t a video put out by Pierattini on that date, and the one that they’re claiming as evidence of defamation stretches the limits of “on or about” the June 5th date while misstating what Pierattini said in the video.
The video is from May 6, 2022, on a livestream where Pierattini was answering questions from his audience. DeCastro’s main selling point, that Pierattini believed that DeCastro had “brains of glue.”
Pierattini was answering a super chat question from Mark Jones asking if it was possible if DeCastro’s brain could be turning to “goo.” Pierattini replied, “I think there are a lot of things that might be turning his brain to glue, assuming his brain is being turned to glue.”
Pierattini mistakenly changed the word to “glue” when giving a glib answer to the question. Immediately following the question, he indicated he was going back into “serious” mode, indicating that his previous response was in jest.
DeCastro got some good news on Thursday as Judge Daniel J. Albregts gave him an extension in his refiling of his Ironton, Ohio, based lawsuit in Nevada, as the Judge granted him more time to serve defendants.
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 8/22/2024. Re: 11 Motion for Extension of Time to Complete Service. Plaintiff moves to extend the service deadline to October 23, 2024. He explains that, shortly after he filed his complaint, he was incarcerated and later, exonerated on appeal. The Court finds that Plaintiff has demonstrated good cause and GRANTS his motion. See Fed. R. Civ. P. 4(m). Plaintiff shall have until October 23, 2024 to complete service on Defendants. Chambers will mail a copy of this order to Plaintiff. (no image attached) (Copies have been distributed pursuant to the NEF – Sent to Plaintiff via US Mail- KL) (Entered: 08/22/2024)
While DeCastro was granted the time to serve the defendants in the case, it is unclear if the case will ever go to trial as his previous attempt at the lawsuit was recently dismissed with prejudice and reaffirmed by an appeals court.
Though not was all good in DeCastro’s world as on Wednesday, Judge Andrew Gordon dismissed defendant “Citco” from DeCastro’s lawsuit against the Las Vegas Metro Police Department for lack of service.
ORDER. On April 5, 2024, plaintiff Jose DeCastro was advised by the court that his claims against defendant Citco would be dismissed without prejudice unless by May 5, 2024, DeCastro either filed proper proof of service or showed good cause why such service was not timely made. DeCastro has failed to do so. IT IS THEREFORE ORDERED that plaintiff Jose DeCastros claims against defendant Citco are DISMISSED without prejudice. The clerk of court is instructed to terminate Citco as a defendant in this case. Signed by Judge Andrew P. Gordon on 8/21/2024. (Copies have been distributed pursuant to the NEF – CAH) (Entered: 08/21/2024)
Officer Citco was added via an amended complaint though was not on scene for the incident that inspired the lawsuit. He allegedly had a January 2023 encounter with DeCastro in which DeCastro claimed his rights were infringed.
DeCastro had been previously ordered to properly serve Citco as there was no record of service in the case. This may be appealed as DeCastro was incarcerated at the time of the Judge’s order.
