Man who attacked Fil-Am family in California refuses to appear in court

ABS-CBN News

Posted at Jun 25 2022 08:29 AM | Updated as of Jun 25 2022 09:29 AM

Nicholas Weber may be in police custody, but the man who was caught on video attacking a Filipino family in a fast-food parking lot still refuses to enter his plea. 

After not appearing in court on Thursday, Weber, 31, was scheduled to appear for his arraignment on Friday morning. But the court told the Roque family and their supporters that Weber refused to leave his cell.

"It's frustrating and very aggravating because it's day 2, Weber’s not here," Patricia Roque said. "Not even the bailiffs can confirm if Ceballos would be here to tell the judge to get an extraction order from him so again it's very frustrating because how long do we still have to wait to get a solid confirmation if anything."

If Weber refuses to leave his cell for court proceedings, prosecutors could ask the judge to order an extraction to forcibly bring him to the courthouse. 

By Friday afternoon, the district attorney's office and the judge granted an extraction order, with Weber now scheduled to appear in court on Monday morning. 

Weber is facing one felony battery count and one misdemeanor battery count, with hate crime enhancements. 

On May 13, Weber was filmed spewing racially charged threats at the Roque family after his jeep allegedly bumped into their car. He then physically attacked them. 

Weber, who authorities describe as unemployed and has a lengthy criminal record, was eventually detained on an unrelated matter in Orange County on June 16. 

During a community event, LA District Attorney George Gascon told Neighborhood Safety Companions that the case had been filed.

"We are in close contact with the Roque family. We also have victims' services working with them. We are very committed to holding this victim accountable," Gascon said.

However, the Roque family has criticized him and Deputy District Attorney Richard Ceballos for their handling of the case and supposed lack of transparency.

"He said the incident occurred 10 days ago, when in fact it's been more than a month since the day the incident happened. He also said he’s in close contact with the family? No, I think he’s only contacted my parents once but that doesn’t equate to close contact," Patricia Roque said. 

"And not only that, we’re not hearing anything from the defense attorneys, from him, Ceballos — again like we don’t even know if they’re going to be here. The statements he made yesterday were false, very false," she added.

The family said that victims’ services did reach out earlier in the week.