EX-AZTEC ARAIZA’S LAWYERS SEEK TRIAL SOONER

They tell judge star punter untouchable in NFL until rape allegations settled

Attorneys for standout collegiate punter Matt Araiza asked a judge Friday to let his part of a civil suit accusing him and other former Aztec players of rape at an off-campus party to go to trial next month — four months earlier than the trial date recently set by the judge.

Araiza’s attorneys — who insist their client will be vindicated at trial — are trying to clear the way for him to resume his nascent NFL career, which was derailed by the lawsuit. Araiza, a star at San Diego State University, was drafted by the Buffalo Bills in April 2022, then cut when the lawsuit was filed four months later.

Their arguments before San Diego Superior Court Judge Matthew Braner on Friday that their client’s livelihood is at stake came the day after the NFL kicked off its first week of the 2023 season — the start of the second season Araiza has been sidelined by the allegations.

The trial date for Araiza and his co-defendants was initially set for Oct. 20 — and Araiza had wanted it to happen even sooner — but Braner recently granted the plaintiff ’s request to push the trial back to February. Araiza wants his case severed from his four former teammates, arguing that he was not in the room when the alleged encounter happened. He is also in the unique position of being an NFL prospect.

“The further he gets from playing the NFL, the harder it is to get a job back into the NFL,” Araiza attorney Kristen Bush argued in court.

Braner asked if there was any evidence he would get a job, any offers on the table but for the lawsuit.

“There have been discussions with his agent that he is untouchable because of this pending case, the perception of this case,” Bush said. “It’s imperative that he get his day in court to clear up that perception.

“There’s no guarantee that he will get a job in the NFL, and my client recognizes that. But this case is holding up his prospects, there’s no doubt about it.”

Araiza’s attorneys say they are ready to go to trial, even given that the young woman’s deposition is slated for next week.

One of Araiza’s co-defendants, Nowlin “Pa’a” Ewaliko, has also asked to have his trial severed to join Araiza’s if it goes in October.

Jim Mitchell, one of the attorneys representing the woman, said it would be unfair to split the case into two trials.

The facts, he said, are interrelated. Two separate trials would not be expeditious or provide judicial economy.

“I think it would be a waste of resources to do it that way,” Mitchell said.

He also argued it’s too soon to split the cases, given that his client has not yet been deposed.

“What Mr. Araiza and Mr. Ewliko want to do is say ‘Your honor, make a decision right now that I wasn’t a part of the whole thing, based on a deposition that hasn’t been presented,’” Mitchell said.

The lawsuit alleges Araiza had sex with the woman in a side yard of the residence then brought her into a bedroom where she said men took turns raping her at a party in October 2021. The woman, who was 17 years old and in high school at the time of the incident, told San Diego police detectives she cooperated to avoid be

The Bousman suit was filed by San Diego attorney Daniel Williams; the Villasenor complaint was filed by Newport Beach attorney Jerry Steering.

Some of the language in the two lawsuits is similar. Each of the claims seeks more than $40 million in damages, and each lawsuit also accuses the department of providing improper medical care.

Neither of the legal complaints provide any direct evidence that deputies knew about or condoned illegal drug sales inside San Diego County jails or that their supervisors and senior county officials knew about and allowed the trafficking.

Bousman was 23 years old when he was found unresponsive in his Vista jail cell just before midnight on July 25, 2022, and died the next day. He was one of 20 men and women who died in sheriff ’s custody that year.

In a news release last year, the Sheriff’s Department said Bousman had been arrested that March by Oceanside police on suspicion of resisting arrest, battery on a police officer and a probation violation.

The lawsuit filed by Rob Bousman claims that his son was supplied illegal drugs multiple times while in sheriff’s custody. Like the Villasenor complaint, it also alleges that sheriff’s officials have a history of failing to properly train deputies and failing to provide proper medical care in jails.

More specifically, the suit alleges, deputies failed to properly monitor Bousman or respond to his overdose in a timely manner.

“Bousman groveled on his jail cell floor for a substantial period of time, upwards of several hours, while suffering in tremendous physical, mental and emotional pain, suffering and distress,” the complaint alleges.

The Sheriff ’s Department said in July 2022 that deputies had checked on Bousman as recently as 30 minutes before he was found.

Illegal drugs have long circulated in San Diego County jails, according to department reports, lawsuits and other materials. Overdoses are a significant contributor to the in-custody mortality rate, which is the highest among California’s most populated counties.

Despite the prevalence of drugs in jails, Sheriff Kelly Martinez has resisted calls to screen employees entering work each day, although the department has upgraded its scanning process for people being booked into custody.

Earlier this year, a sheriff ’s deputy was arrested on a charge of possessing cocaine on the grounds of the Vista jail.

Allen Wereski remains free on bond while he faces a felony charge of possessing illegal drugs on jail property. He is due to appear at a readiness conference Sept. 26.