Garcia murder case moves forward
San Martin – Rogelio “Roy” Roberto Garcia, Jr. pleaded not guilty Tuesday to one count of murder in the death of Jeff Garner, who died in early July.
Garcia is accused of beating Garner to death following an argument between Garner and his 15-year-old girlfriend, Lydia Mollet.
Family and friends of the victim sat on one side of the courtroom while Garcia’s family members sat on the opposite side of the Santa Clara Superior Court in San Martin, waiting for the judge to call Garcia’s name.
Garcia rose, in red prison clothing with shackles around his wrists, and stood next to his attorney Esau Ruiz Herrera when his name was called. He looked at Superior Court Judge Susan R. Bernardini as he entered his plea. Garcia waived his right to a speedy trial and will be back in court Oct. 6 for the start of his preliminary hearing.
Herrera said Garcia had to hit his friend to save the 15-year-old girl and that Garcia regrets that his friend died from the blow to the head.
Brian Ozanne, a friend of Garner’s since second grade, looked on with disbelief during the hearing. Ozanne and Garner’s sister, Angela, left the courtroom with other friends after the plea was entered.
“It’s ridiculous,” Ozanne said. “How can anyone say not guilty when they bludgeoned someone from behind? It was a cowardly act.”
Deputy District Attorney Ed Fernandez spent a few minutes talking to Garner’s family and friends about the upcoming preliminary hearing.
Statements from Garcia the night of the killing vary from those given by Mollett and another witness.
Garcia told police he heard Garner and Mollett shouting and thought Garner was beating the girl, according to court records. Garcia said he grabbed a wooden dowel from Garner after Garner lunged at him, according to police. He said he struck Garner in the legs and then the head when Garner tried to fight him. Garcia later told police he tried to talk to Garner when he first entered the room and struck him when Garner came at him.
The witness interviewed by police agreed that Mollett was being hurt, but he said Garcia grabbed a three-and-a-half foot metal pipe while the witness grabbed a screwdriver, and the two entered the bedroom. Garner was standing over Mollett, who was on the bed, and had his right hand pointing at her while his left hand was empty, according to the witness.
Garcia walked up and struck Garner on the back of the head with a heavy blow, the witness said. Garner fell to the floor and Garcia hit him two more times.
Garner died of brain damage from a fractured skull, according to the Santa Clara County Medical Examiner. He had been struck twice on the back of the head with a metal pipe, which fractured his skull, the autopsy found. A third blow from the pipe shattered his front teeth and split open his lower lip. A fourth blow broke his nose and left a gash over Garner’s left eye and could have come from the pipe or another object.
Garcia’s father, Roy Lopez Garcia, Sr. will soon be back in court in Santa Clara County. His 2000 conviction for the shotgun slaying of Morgan Hill resident Deborah Gregg was overturned because the trial judge allowed the jury to view the crime scene during deliberations, without counsel. He remains in state prison, waiting to be retried.
