The facts that came out of the preliminary are summarized by the following:
1) Kyle was not aggressive when inquiring about the cell phone and was in fact cordial according to all the witnesses (“Castillo said Zoellner was not being aggressive”).
2) Kyle was punched and hit by Josiah and the two Castillo brothers until he was knocked unconscious according the Castillo brothers own testimony (“That’s when a fight broke out between the girl and Josiah’s girlfriend, Ren. They got into a physical fight. They grabbed each other and fought. That’s when me and my brother and Josiah got into it” with Kyle Zoellner, Lawson’s alleged killer. Kristoff Castillo, Kyle Castillo’s brother, testified he believed Zoellner was unconscious when the Castillos, Lawson and Bobadillo left the party.
3) Parris Wright admitted to hitting Kyle twice (“Clark went to the police on his own, he said, to tell the truth. Clark is also the only witness, so far, to state Wright and Zoellner were in a "combative stance" and that a group of about 10 people attacked and punched Zoellner, including Wright”)
What we know from the testimony of the witnesses and from other witnesses that did not testify is that Kyle Zoellner was assaulted as soon as he showed up to pick up his girlfriend and her friends. He did not provoke anybody and was not aggressive yet he was beaten unconscious.
The witnesses that were friends of Josiah’s all tried to portray an image that Kyle and Josiah were then in a separate fight that did not involve any of them. The truth of the matter is that the beating was continual and did not stop. What Clark witnessed was the continued beating of Kyle. It is clear they went on record with their scenario to avoid being prosecuted for the brutal assault on Kyle. However, from their own testimony they admitted to assaulting Kyle without provocation.
The APD and the DA have not file charges against Parris Wright and the Castillo brothers to date for some unknown reason. We have been patient for many reasons but will no longer stay silent. If the APD does not arrest and charge Parris Wright and the Castillo brothers immediately for “assault and battery” on Kyle we plan press charges to compel the APD to perform their duties in a responsible manner. We will also implore the ADP to bring Clark in to identify the other individuals that continuously beat Kyle during the time frame that Josiah was tragically killed.
(Disclaimer: *"the entire statement and all claims made above, including any about testimony, the preliminary and any information from witnesses outside the courtroom are according to the family statement and their opinion/claims).