Rogelio ‘Roy’ Garcia Jr. sentenced in the death of his friend
Jeffrey Garner in front of a courtroom full of both men’s families
and friends
San Martin – There was no conversation, not even whispering among the Garner or Garcia families Friday afternoon before Rogelio ‘Roy’ Garcia Jr. was sentenced to 12 years in prison for killing his friend Jeffrey Garner. Instead, both families sat with hands clasped, lips pursed, and eyes flooded with tears – one group mourning for the death of their loved one, the other for a man responsible for it.
“The case is certainly a tragedy on a variety of levels,” Superior Court Judge Kenneth Shapero told the courtroom at Santa Clara County Superior Courthouse. “The punishment is never going to be fair or equal trade for a life.”
Garner, 25, was killed the night of July 2 at Garcia’s Gilroy home on Duke Drive during a small gathering between the two men and Garner’s 15-year-old ex-girlfriend and Hasan Qadurra – Garcia’s 18-year-old neighbor.
An autopsy revealed Garner died from brain damage from a fractured skull after he was struck twice in the back of the head with a metal pipe. A third blow shattered his front teeth and split open his lip, and a final hit broke Garner’s nose.
Elizabeth Garner – Jeff’s mother – sat among three rows of family and friends wearing a white T-shirt reading “Immortal Soul” above her late son’s picture. Garcia’s family including his mother, two brothers, and sister who were all present. Garcia’s girlfriend wore a white tank top with “Mrs. Garcia” written in cursive across the front. She and Garcia’s mother have attended all the court appearances together, holding hands and consoling each other.
Defense Attorney Esau Herrera addressed the courtroom, explaining how the court’s conclusion was “a just result.”
“This was a difficult case,” he said. “There are no winners. I don’t want you to think that Roy was not remorseful. He has expressed remorse a number of ways.”
Shapero told Garcia, 26, that from the comments he made in statements to the probation department that he did not believe he accepted responsibility for his actions.
“The acts that led to his death were of your volition,” Judge Shapero explained to him. “That is what you are responsible for … You will see the light of day again. You are a young man. You will define your future after this.”
Garcia pleaded guilty to voluntary manslaughter in late November and was sentenced to the upper term limit followed by five years on parole. He must serve at least 85 percent of the sentence. He will receive one felony strike under California’s three strikes law.
Garner’s sister Angela – dressed all in black, wavered between tears and anger.
“Jeff was my only brother. He’s my father and mother’s only son. He was my grandfather’s only grandson – and you were his friend,” she said looking at Garcia. “I have a feeling that my brother will haunt you in your memories … When you look in the mirror, Jeff will be standing behind you. You will get yours one way or another.”
Garcia looked at Angela while she spoke. His eyes widened, his face reddened, his eyes teared during her speech.
She described how her brother was hit from behind, and then hit while he was lying down – in the face – with a metal pipe.
“You sit there, as pompous and proud as can be – a proud murderer … The legacy of the Garcia family lives on. You’re all murderers,” she said, referring to the 1998 shotgun murder of a Morgan Hill woman Garcia’s father is serving a life sentence for.
Garner’s mother spoke last.
“The hardest part for me is everyday,” she told the courtroom, her voice cracking. “This is a life sentence for me.”
She recalled a son who loved music and God.
“He’s home now,” she said. “Not once did I ever think you killed him in self-defense. You hit him from behind. I just feel that you are a coward – and that’s not what Jeff was, and I think you’re getting off too easy. He had a big heart and he didn’t deserve to be killed.”
Garcia originally declined the opportunity to speak, but later told Shapero he had something to say.
“Jeff was my friend,” he said with emotion. “In my eyes, we were friends. It was an accident. I am very sorry to his family, for I cannot bring him back. But I was a true friend.”
Judge Shapero commented afterwards, explaining that Garcia had to accept responsibility for his actions.
“An accident is not what this was,” he said. “It was a voluntary act on your part. You are very fortunate to have friends and family who are supporting you.”
Garcia appeared choked up as he collected his papers and was led out of the courtroom. He looked at his mother, making no expression, his eyes wet.
With tears in her eyes, she stared at her son as he was led away.
