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SDNews.com
Home News

Assailant admits to brutally beating Aussie tourist in OB

Tech by Tech
February 11, 2009
in News, No Images, Peninsula Beacon
Reading Time: 2 mins read
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One of two men accused of severely beating an Australian tourist in Ocean Beach one year ago pleaded guilty Feb. 6 to attempted murder and admitted guilt in the assault of a second victim. Damian Maple, 22, faces a stipulated sentence of 14 years in state prison as part of a plea agreement, said Deputy District Attorney Patricia Herian. The Australian tourist, Robert Schneider, now 27, was severely beaten with a skateboard and thrown into a fire pit on Feb. 27, 2008, at the foot of Abbott Street. Schneider suffered brain injuries from a fractured skull, along with burns, broken bones and facial injuries. Sentencing was set for April 15 in San Diego Superior Court for Maple, who remains in custody without bail. A second man — Francisco Montoya, 47 — is also charged in connection with the Schneider case. Montoya’s trial is set to begin Feb. 24. There was an outpouring of local support for Schneider following the assault, and several fundraisers were held to help offset his hospital bills. Schneider’s parents came to San Diego from their home in Adelaide, Australia, to be by his bedside. Schnieder finally returned home after several weeks of painful treatments, including multiple skin grafts. Schneider, a surfer, was at a fire pit with Maple and Montoya around 5:30 a.m., according to witnesses who testified during a preliminary hearing. All the involved parties had been drinking when Montoya claimed Schneider threw sand in his face, according to Mary Knockeart, Montoya’s attorney. It was Maple who struck Schneider, not Montoya, Knockeart said. Maple had also been charged with torture, aggravated mayhem, battery and assault on a third victim, but those counts were dismissed after Maple pleaded guilty in connection with the Schneider case and a related assault that morning. Maple had been accused of picking up an aluminum trash can and hitting Colin Bates with it, according to court records. Montoya faces the same charges in the Schneider case and could be sentenced to life in prison if convicted. Maple pleaded guilty to assaulting Justin Hayes in an unrelated Feb. 9, 2008, incident at 10:45 p.m. at Dog Beach at another fire pit. Maple punched Hayes in the nose, causing it to bleed profusely. Hayes initially fled the scene but returned to get his shirt and bicycle. After Maple and others told Hayes to leave because “this is our beach,” Hayes pulled a can of pepper spray, according to a witness. The attackers, however, knocked Hayes down, and he was beaten unconscious. Hayes awoke in the hospital the next day with his eyes swollen shut and suffering from other facial injuries, according to testimony. After Schneider was injured later that month, Maple and Montoya fled the area to other states. Both men were arrested on the same day last March. Maple was found hiding under a bed at the home of an acquaintance in Coolin, Idaho. Montoya was arrested by police in Eugene, Ore. Their case and Schneider’s beating had been profiled on “America’s Most Wanted.” Montoya has pleaded not guilty and remains in custody on $1 million bail.

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