Defense attorney pleads no contest to assault charge

SALT LAKE CITY — Defense attorney James Valdez entered a no contest plea Tuesday to an assault charge stemming from a May incident involving his wife.

Valdez, 61, was charged with one count of domestic violence aggravated assault, a third-degree felony, for allegedly punching his wife and pulling her hair on May 23 after his birthday party at their Millcreek home. He pleaded no contest Tuesday to assault, a class A misdemeanor. In exchange for his plea, the charge will be dismissed in two years if he meets a number of conditions, said Valdez's attorney Walter Bugden.

Bugden said his client's version of events differs from the statements his wife made to police. Valdez said he went to bed that night only to be awoken by "the sounds of my wife yelling at her two sons to leave," according to curt documents filed in support of his plea.

"Then I heard the crashing sounds and got up to see (my wife) breaking pictures of our deceased grandson," the document states. "When I asked what she was doing, her distress turned to rage and she swept items off desks and tables."

Bugden said his client then went to leave, but Valdez's wife blocked his path, leading Valdez to grab her by the hair in an effort to get her to calm down. Valdez acknowledged that he tried to restrain her and in so doing, caused her injury, Bugden said.

A hospital administrator told police that doctors treated the woman for a minor head injury, a probable nasal fracture and a facial wound that required stitches. Bugden said the intensity of the incident put Valdez in an "impossible situation."

"His conduct caused her injury, but it was in relation to her being in a rage, breaking all sorts of things in the apartment. It's an impossible situation for the spouse when the other spouse is breaking all the furniture, what do you do? He was actually just trying to leave. … The police report clearly reflects that by the time police arrived she was in a rage. It was a tirade."

Valdez will be on probation for 24 months, will participate in domestic violence counseling for 16 weeks, complete 30 hours of community service, pay $300 in court costs and a restitution amount that is yet to be determined. He was also ordered to have no contact with his wife. Bugden said the pair is "headed toward divorce."

During a decades-long career in the Utah court system, Valdez has been involved in several high-profile cases, including acting as one of death-row inmate Ronnie Lee Gardner's original defense attorneys. Valdez is a brother of 3rd District Juvenile Court Judge Andrew Valdez.

e-mail: emorgan@desnews.com