San Martin man faces up to 12 years in prison
San Martin – Sentencing for Rogelio “Roy” Roberto Garcia Jr., who pleaded guilty to voluntary manslaughter in the death of his friend Jeffrey Garner was delayed Thursday because of a request made by the Santa Clara County Department of Probation.
Garcia, 26, will face a maximum of 12 years in prison, and the agreement means Garcia will receive one felony strike under California’s three strikes law. Instead of completing the preliminary hearing and standing trial for murder, both the defense and district attorney accepted the terms of the agreement.
The probation department requested more time to ready the terms of Garcia’s sentence.
Friends and family of the Garner family filled two rows at Santa Clara County Superior Court awaiting Garcia’s sentencing. Some wore white T-shirts with his name imprinted on the back in their friends honor.
Garcia’s mother, brother and girlfriend sat together for an hour waiting for the sentencing that never came. They have attended every court date.
Garcia must serve at least 85 percent of the sentence and then will be placed on probation for three years after his release.
Garner, 25, was killed the night of July 2 at Garcia’s Gilroy home on Duke Drive during a small gathering.
Autopsy reports revealed Garner died from brain damage from a fractured skull, and indicate he was struck multiple times in the head and face.
Two witnesses, Garcia’s 18-year-old neighbor and Garner’s 15-year-old ex-girlfriend, testified during the preliminary hearing that Garcia struck Garner with a pipe during an argument he was having with his ex girlfriend.
The 15-year-old testified she believed her life was in danger and that Garner had thrown her up against the walls of a room in Garcia’s barn.
In interviews with South Valley Newspapers she has said Garcia was acting in her defense. Garcia’s neighbor testified Garner was unarmed when he was attacked.
The sentencing was rescheduled for Feb. 2.
