The case of Rogelio ‘Roy’ Roberto Garcia Jr., who stands accused
of murder, is up in the air. The close of the preliminary hearing
was set for Thursday but continued until next week at the request
of the defense.
San Martin – The case of Rogelio ‘Roy’ Roberto Garcia Jr., who stands accused of murder, is up in the air. The close of the preliminary hearing was set for Thursday but continued until next week at the request of the defense.
Garcia, 25, killed 25-year-old Jeffrey Garner the night of July 2 at his home on Duke Drive during a gather with two other people, according to the District Attorney.
Garner’s 15-year-old ex-girlfriend testified Tuesday that her life was in danger when Garner assaulted her behind closed doors and that Garcia came to her rescue.
“(Jeff) told me right there that he was going to kill me,” she said told defense attorney Esau Herrera. “Roy, help me, he’s going to kill me,” she said she yelled.
Garcia entered the room sometime later and hit Garner on the head with a metal pipe, the two witnesses testified.
However, both testimonies create different scenes of how the attack took place.
Garcia’s 18-year-old neighbor Hasan Qaddura testified Oct. 27 that the teen was never in danger for her life and that he never heard her scream.
Qaddura told Deputy District Attorney Dana Overstreet that Garner was empty handed when Garcia hit him and that he never saw the attack coming.
The 15-year-old testified that Garcia tried to calm Garner down first and that Garner may have had something in his hands when he moved towards Garcia.
The preliminary hearing, which determines whether there is enough evidence to go to trial, is set to continue Nov. 23 at 1:30pm at Santa Clara County Superior Court in San Martin.