Garcia
Rafael Garcia, 42, pleaded guilty under the Alford doctrine to first-degree assault at Superior Court in Milford before Judge Richard Arnold.
Under Alford, a defendant does not admit all the facts in the case but concedes there is enough evidence for a conviction at trial — which is where the case was headed until Thursday.
The case was down for jury selection Thursday but lawyers reached a deal in the case that calls for Garcia to face up to seven years in prison at a sentencing scheduled for Aug. 21.
As part of the deal Garcia’s lawyers, Norm Pattis and Kevin Smith, will have a right to argue for no jail time.
They said outside the courtroom they’d be doing just that.
“The guy’s a United States hero,” Pattis said, citing his client’s lengthy service record as a correction officer and marshal, and noting Garcia spent two months helping recovery efforts at the World Trade Center after Sept. 11.
“He had one bad night in his life,” Pattis added. “Who hasn’t had their heart broken in love?”
In court, State’s Attorney Kevin Lawlor said that on Aug. 3, 2010, Shelton police were first sent to the condominium complex off Trap Falls Road by several 911 callers reporting some type of fight in progress and a female screaming for help.
Authorities later learned Garcia and his 44-year-old girlfriend had been having a dispute in his vehicle, Lawlor said.
“He was despondent and had discussed committing suicide with her,” Lawlor said, adding that Garcia also discussed killing the woman.
While inside the car, the woman saw that Garcia had a gun in an ankle holster, Lawlor said, and tried to get it away from him.
The gun went off in the struggle but didn’t hit either of the two, Lawlor said. The woman got the gun away from Garcia, but the struggle continued when she realized he had a second gun in a holster on his waist, Lawlor said.
The woman was able to get that gun away from Garcia as well, after which she escaped from his vehicle.
Lawlor said Garcia then put the car in drive, sped down an access road the woman was running down, and hit her, throwing her 10-to-15 feet into the air, according to one witness, who then dragged the woman into a pool house at the condo complex and locked the door.
Garcia then tried to flee the scene, ramming a Shelton police cruiser in the process.
Lawlor said his office had extensive discussions with the woman Garcia was accused of assaulting.
“She is in agreement with the parameters of today’s disposition,” he said.
As part of the deal, Lawlor said other charges pending against Garcia — including allegations he violated a court order by contacting the woman after his arrest — would be dropped.
Previous stories:
Police: Marshal Violated Order Of Protection
Case Against U.S. Marshal Continued
