Jose “Chille” DeCastro received consecutive 90-day jail sentences in Las Vegas, Nevada, on Tuesday as a Judge rejected his first amendment claims and sent the YouTuber and activist directly to jail.
The day started with some apprehension from long time viewers as early speculation indicated that DeCastro would get a slap on the wrist for a March 15, 2023, incident in which he allegedly interfered with a traffic stop and obstructed a police officer in the course of his duties.
Upon entering the courtroom, a witness on the scene described DeCastro as being jubilant that he had two supporters who were overjoyed to see their hero. DeCastro, perhaps stunned as this was the largest crowd he had ever brought to an event, immediately began to play for his “crowd” and shared copies of a color-coded transcript of the interaction with police in the case.
At some point, DeCastro was reported to have put his feet up on the bench he was sitting on in the courtroom. When asked to remove his feet by that bailiff, DeCastro refused and went into the normal series of insults he uses on police officers. He insulted the man’s sexuality, “alpha” status, appearance and directly called him a “pig” as his fans looked on with glee.
No immediate action was taken against DeCastro, who eventually put his feet down, but his actions were addressed by Judge Ann Zimmerman as the hearing began. Judge Zimmerman asked everyone to surrender their phones in order to remain in the courtroom, including DeCastro. DeCastro initially refused and attempted to hand his phones to one of his fans before it was intercepted by the bailiff.
DeCastro loudly called the man a “pig,” which brought a response from Judge Zimmerman. Zimmerman chastised DeCastro for his insult and instructed him to apologize or face contempt charges. DeCastro then “apologized to the Court” but refused to apologize to the bailiff directly, claiming the officer approached him and gave him a directive before his trial started that upset him.
Zimmerman again warned DeCastro about his language and treatment of court staff before ordering DeCastro to empty his pockets in an apparent attempt to search DeCastro for recording devices. He again protested loudly and said it was a violation of his Fourth Amendment rights to no avail.
At this time, those watching on the Court’s zoom live stream were ejected from the room. Ending live restreaming on various YouTube channels including the Welsh News Network.
At the start of the hearing, Judge Zimmerman rejected DeCastro’s motion to convert his council into “standby council,” stating that she felt it was a delaying tactic. DeCastro had previously announced the notion that he would essentially “tag team” with a qualified lawyer at his arraignment for unrelated charges on Monday, stating that he would give opening and closing arguments while his lawyer would then question witnesses.
Deputy District Attorney Agnes Botelho presented a single witness, arresting officer Branden Bourque. Botelho took Borque through events on the day of DeCastro’s arrest, with Bourque making it clear that he had no problems with DeCastro filming the traffic stop. His decision to detain DeCastro came when DeCastro repeatedly refused to retreat to a safe distance from the crime scene.
Cross examination was brief with attorney Michael Mee questioning why Bourque did not specify how far he wanted DeCastro to back away from the scene. Bourque indicated that he would have told DeCastro to back approximately 21 feet away from the scene, as officers are instructed to do in training but did not have the opportunity to do so as DeCastro argued with the officer.
Mee repeatedly focused on the distance that Bourque had asked DeCastro to move, then turned his attention to First Amendment auditors. Bourque denied knowing who DeCastro was before the arrest and had received training to handle First Amendment auditors in the academy.
Bourque testified that DeCastro was so upset that he could see veins popping out of his neck as DeCastro verbally attacked the officer. Bourque also testified that he had no knowledge that DeCastro was a member of the press as he approached and that DeCastro did not approach like a normal member of the press as he did not present credentials and act like a normal member of the press.
DeCastro himself was the centerpiece of the defenses case, with DeCastro testifying in his own defense. He claimed he approached Officer Bourque in his capacity as a member of the press. He felt that the officer was giving him unlawful commands and that while he initially refused to comply with the officer’s commands, he eventually walked over to the officer’s vehicle after the officer became physical with him.
District Attorney Botelho declined to cross examine DeCastro.
After closing arguments, Judge Zimmerman found DeCastro guilty on both charges. When questioned about sentencing, District Attorney Botelho suggested a $500 fine, a 90-day suspended sentence, impulse counseling and for DeCastro to stay out of trouble. Mee suggested that DeCastro be released with time served.
DeCastro nodded his head in agreement and put two thumbs up when Judge Zimmerman stated that DeCastro hated all police officers and pointed out his degrading behavior towards the bailiff in the courtroom before announcing her decision. The YouTuber appeared overjoyed that his attitude was acknowledged by the Court.
Zimmerman then announced that DeCastro would serve 90 days in the Clark County detention center for both counts, with a total of 180 in detainment. DeCastro then meekly asked if the sentence was suspended, earning a stern negative reply from Zimmerman, who told DeCastro his sentence would start immediately.
DeCastro was then taken into custody to begin serving his sentence.
Case Links
The Public Documents of Jose Maria “Chille” DeCastro
https://thepublicdocuments.com/
DeCastro vs. Peter, etc. – California State Superior Court
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil (Use case: 23SMCV00538)
DeCastro vs. Las Vegas Metropolitan Police Department
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
DeCastro vs. Mcknight (Federal Court filed in Nevada vs. Ohio)
https://www.courtlistener.com/docket/68308740/decastro-v-mcknight/
DeCastro vs. Wagner (Ironton) – APPEAL
https://www.courtlistener.com/docket/67862227/jose-decastro-v-pam-wagner/
Feb 14, 2024 Arrest (Las Vegas)
https://municourt.lasvegasnevada.gov (Defendants, DeCastro, Jose, 9/11/74)
Maryland Criminal Complaint by Collin Campbell
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CR-24-000572)
DeCastro vs. State of Nevada (Appeal of March 2024 conviction)
https://www.clarkcountycourts.us (Use case: C-24-381730-A)
DeCastro vs. Evan McKnight, Defendants (Lawsuit against Ironton filed in Nevada state court)
https://www.clarkcountycourts.us (Use case: A-24-888450-C)
Rodgers v. Winfrey (Deboraugh Rodgers Federal Case)
https://www.courtlistener.com/docket/66901243/rodgers-v-winfrey/
Dollarhide v. Dickens (Jason Dollarhide Federal Case)
https://www.courtlistener.com/docket/64862375/dollarhide-v-dickens/
DeCastro vs. Abrams & Peter (Dismissed)
https://www.courtlistener.com/docket/64946355/decastro-v-abrams/
DeCastro vs. Wagner (Ironton) (Dismissed)
https://www.courtlistener.com/docket/63235878/decastro-v-wagner/
DeCastro vs. Las Vegas Metropolitan Police Department – APPEAL (Dismissed)
https://www.courtlistener.com/docket/67693595/jose-decastro-v-lvmpd/
Wallace v. Las Vegas Metropolitan Police Department (Dismissed)
https://www.courtlistener.com/docket/67423252/wallace-v-las-vegas-metropolitan-police-department/
Maryland Peace Order by Collin Campbell (Closed)
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CV-24-809545)
Tip Jar
ReallyCoolNews is a free daily publication devoted to the First Amendment Auditing community. If you’d like to support the publication/help keep the author fed/help support his animals, we offer the following ways to contribute:
CashApp: https://cash.me/$reallycoolsite
Paypal: https://paypal.me/ReallyCoolSite?country.x=US&locale.x=en_US
GoFundMe: https://gofund.me/b8144e31
Critter Fund: https://www.amazon.com/registries/gl/guest-view/1GACKBD5N136L
Buy Jim Something: https://www.amazon.com/registries/gl/guest-view/2BKN32QZLN1OD
Donations go towards keeping the lights on, feeding critters, improving the site and paying site hosting costs and future upgrades.
Share this:
- Click to share on Twitter (Opens in new window)
- Click to share on Facebook (Opens in new window)
- Click to share on LinkedIn (Opens in new window)
- Click to share on Reddit (Opens in new window)
- Click to share on Tumblr (Opens in new window)
- Click to share on Pinterest (Opens in new window)
- Click to share on WhatsApp (Opens in new window)