Rogelio
”
Roy
”
Roberto Garcia delayed entering a plea to a murder charge Friday
morning, nearly three weeks after killing his friend, but his
lawyer said he will plead not guilty during his next appearance on
Aug. 16.
Garcia, 25, is charged with the murder of Jeff Garner, also 25,
at Garcia’s Duke Drive home on July 3 by striking him several times
on the head and face with a metal pipe.
By Lori Stuenkel
Gilroy – Rogelio “Roy” Roberto Garcia delayed entering a plea to a murder charge Friday morning, nearly three weeks after killing his friend, but his lawyer said he will plead not guilty during his next appearance on Aug. 16.
Garcia, 25, is charged with the murder of Jeff Garner, also 25, at Garcia’s Duke Drive home on July 3 by striking him several times on the head and face with a metal pipe.
Esau Ruiz Herrera, Garcia’s attorney, said he postponed formally entering a plea because he has not received enough information pertaining to the case against Garcia.
“I need more information that police have,” Herrera said outside the courtroom following the hearing. “Roy is not guilty of this charge, but in order to sufficiently prepare that defense, I need to have more information.”
Herrera said Garcia will plead not guilty when he returns to court in two weeks. Garcia is accused of beating Garner to death following an argument between Garner and his 15-year-old girlfriend, Lydia Mollett, who freely gave her name in a previous interview with The Dispatch.
“Roy was trying to save that young girl and had to hit his friend,” Herrera said. “Roy definitely regrets that his friend is dead, but Roy had to save that girl and had no intuition of this happening to his friend … but it could be a 15-year-old girl who was killed.”
Garcia appeared in Santa Clara County Superior Court in San Martin wearing red prison garb and shackles on his wrists and ankles. He sat with his back to the spectators and only briefly addressed Superior Court Judge Susan Bernardini to acknowledge that he waived his right to a speedy preliminary hearing. The hearing will likely be scheduled for roughly one month after Garcia enters a plea.
Garner’s family and friends who attended Friday’s hearing maintained their opinion that Garner’s death was anything but accidental.
“We already know that’s not true according to … the police report,” Garner’s sister, Angela said. “The facts will speak for themselves and the truth will come out.”
Statements from Garcia the night of the killing vary from those ultimately given by Mollett and another witness. What is clear from court records is that the three, and another man, were hanging out in a barn on Garcia’s property, and all but the fourth person had used methamphetamine that day and were drinking alcohol. Garner and Mollett went into a bedroom in the barn, and began to argue.
Mollett told The Dispatch that Garner was dragging her around the room, biting her, and told her she was going to die. She said she cried out to Garcia for help.
Garcia told police that he heard Garner and Mollett shouting and thought Garner was beating the girl, according to court records. When he opened the bedroom door, Garcia said Garner lunged at him, holding a thick wooden dowel in one hand and a bottle in the other, according to police. Garcia said he grabbed the stick from Garner and struck him with it on the legs. He said he struck him on the head when Garner tried to fight. Later, Garcia told police he attempted to talk to Garner when he first entered the room, and struck Garner when he came at Garcia.
But the witness interviewed by police told a different story, and one that Mollett corroborated – though she at first told a story more similar to Garcia’s. The man, who was sober, said he “knew (Mollett) was being seriously hurt” during her argument with Garner because he heard strangulation noises. The man said Garcia grabbed a three-and-a-half-foot metal pipe, while he grabbed a screwdriver, and the two entered the bedroom. Inside, Garner was standing over Mollett, who was on the bed, and pointing at her with his right hand, 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 groaned and fell to the floor, when Garcia hit his face and head two more times.
“Self-defense isn’t beating someone from behind,” said Brian Ozanne, Garner’s longtime friend, following Friday’s hearing. “(Garcia) has no remorse.”
Garner’s sister and mother, Elizabeth, agreed, saying Garcia should not have lied about the killing, or “hidden” the metal pipe if the killing was justified. Police found the pipe 160 feet from the barn, dented and covered in what appeared to be blood.
Garner died from 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.
