SAN DIEGO - A man attacked while doing a good deed called Team 10 after waiting two years for restitution and he only has a few years left to live.
Michael Kelly told Team 10 troubleshooter Cristin Severance he does not think he will make it to see the money he is owed.
"All I saw was an old guy getting hit," said Kelly, a North Park resident.
Kelly said a 74-year-old man was getting pummeled by a woman in an unprovoked attack in the parking lot of Vons.
"Bam, bam, bam … three times in the face, blood dripping down his face," said Kelly.
He said he ran to help and the woman punching the old man set her sights on Kelly.
"She took my arm, she smacked my phone out of my hand and threw it all the way onto Ohio (Street)," said Kelly.
Kelly said then he got hurt.
"She turns around, hits me right in the face and splits my lips, hits me on the side of the face," he said. "At that point I just put her in a bear hug."
The police were called and Nayda Sanchez Herrera was arrested for assault and vandalism.
"Her punishment was supposed to be three months supervised probation, anger management and pay me restitution at $25 a month," said Kelly.
It has been two years since the attack and Kelly has not seen a dime. He showed Team 10 a dozen emails to the City Attorney's Office asking to be notified about the case, her punishment or his money.
"It goes from one city attorney to another," said Kelly.
Kelly does not think he will ever see Herrera get punished because he is terminally ill.
"It's liver disease," he said. "My oncologist has given me five to seven years to live and we are four years in. I would like to get this taken care of before I kick it."
Team 10 went to Herrera's address listed on the police report and talked to a man who said he used to be her stepfather.
He said he is not surprised to hear about what happened.
"She's been in trouble for years," said the man.
Kelly will not stop fighting until he sees justice.
"I want to see supervised probation, I want to see anger management classes put back in place and if she can't pay me then put her on the side of the 163 for a week or two," he said.
The San Diego City Attorney's Office gave Team 10 the following statement:
This is the case of people v. Nadya Sanchez Herrera (m156592). This defendant pled guilty on May 6, 2013 to one count of vandalism and one count of battery. We also requested and the court ordered 8 hours of anger management counseling.
The battery victim was Michael Kelly. We had spoken with Mr. Kelly in November 2012 and he agreed to seek restitution only for the damage to his phone and the cost of obtaining the police report, for a total of $282.90.
Unfortunately, the court stayed the defendant’s restitution payments, over our objection, until February 3, 2014. We had numerous conversations with Mr. Kelly about this and understand his frustration. The defendant did not pay the restitution by February 3, 2014 as ordered, so we submitted paperwork for an ex parte warrant for non-payment of restitution. The warrant was issued by the court on February 26, 2014 and the court summarily revoked Ms. Herrera’s probation.
There are no future court dates scheduled at this time because the case is at warrant status. Bail on the warrant was set at $5,000.