The 18-year-old Ontario Christian High student who is accused of plotting to shoot classmates has “significant cognitive challenges” and never planned an attack, his attorney said on Tuesday, Feb. 20.
Sebastian Bailey Villaseñor on Tuesday appeared in Superior Court in Rancho Cucamonga, where a March 18 date was set for a preliminary hearing, when a judge will rule whether there is sufficient evidence against Villaseñor for him to face trial.
Judge Richard V. Peel granted defense attorney Daniel DeLimon’s request to have a psychologist examine Villaseñor in jail, where he is being held without bail. He has pleaded not guilty to five counts of attempted murder and one count of attempted criminal threat.
Ontario police Chief Michael Lorenz, in announcing Villaseñor’s arrest on Feb. 14, said Villaseñor has difficulty establishing relationships and with social interactions.
DeLimon said that is a tip-off that the case against Villasenor is not clear-cut.
“While I am not a doctor and cannot diagnose Sebastian, it should be obvious to anyone who talks to him that he has significant cognitive challenges,” DeLimon said in a text to the Southern California News Group after Tuesday’s hearing. “We will have him evaluated by a qualified professional as quickly as possible.”
Lorenz has said Villaseñor estimated how long it would take for police to respond from the station to the school and was timing the attack for the 25th anniversary of the April 20, 1999, massacre at Columbine High in Colorado in which 15 people died, including the shooters. Police also released photos to the media showing Villaseñor posing with weapons.
DeLimon took issue with how Ontario police handled the investigation.
“The Ontario Police Department chose to interview this kid without his lawyer or parent, and then chose to fan the flames of fear by holding a press conference that destroyed his reputation, impaired his ability to defend himself in court, and jeopardized his safety in jail,” DeLimon said in the text.
“Sebastian is not a school shooter, he never intended to carry out any shooting, he never armed himself in preparation to kill anyone, and he never took steps toward killing anyone, as the law clearly requires before he can be charged or convicted of attempted murder,” DeLimon said.
Sgt. Melissa Ramirez, a Police Department spokeswoman, defended its actions Tuesday.
“The Ontario Police Department conducted a thorough investigation, which was supported by the San Bernardino County District Attorney’s Office,” she said. “We stand by our investigation and previous statements.”
District Attorney Jason Anderson declined to comment on DeLimon’s statement, spokeswoman Jacquelyn Rodriguez said.
Villasenor’s parents were in court on Tuesday, seeing their son wearing an orange jail jumpsuit and dark-rimmed glasses as he sat in the jury box among other defendants. DeLimon said the family would not be commenting to the media.
Police say Villaseñor had access at his Eastvale home to his father’s weapons, which are legally owned but are now in police custody during the court case.
“Sebastian is the kind of kid that doesn’t even step on insects,” DeLimon said. “It is clear to us, his kind and loving family, and I think it will be clear to the public when the facts come out in court, that the reality of this case is far different than the picture painted by the Ontario Police Department.”