Man cleared of capital murder charges in slayings of two

Paladin · #1

Don't know much about this one, besides what's in the article.

http://www.beaumontenterprise.com/site/ ... 2588&rfi=6

"Man cleared of capital murder charges in slayings of two teens
By: SARAH MOORE, The Enterprise
01/05/2007
Updated 01/05/2007 11:04:44 PM CST

A Jefferson County Grand Jury was held over from the end of 2006 to complete its investigation of Manuel Garcia, 41, whom Beaumont police arrested on the charges, Jefferson County Assistant District Attorney Ramon Rodriguez said.

Victor Garcia (no relation), 16, and 13-year-old Arturo Borrego were shot late Nov. 10 after arriving at Manuel Garcia's house in the 1400 block of Elgie.

Police said the shooting stemmed from a dispute earlier in the evening between the two slain teens and Manuel Garcia's teenage son.

In a Nov. 15 Enterprise story, defense lawyer Bruce Hoffer said he was told that 14 gang members showed up at the residence, some of them armed with knives and firearms.

Hoffer said the gang is known as B4S, or Barrio 4 Seasons, and preys mainly on other Hispanics.

The grand jury considered evidence presented over the course of three weeks, hearing testimony from witnesses at the home the night of the shooting, Rodriguez said.

He added he had the impression the grand jury believed the shooting was in self-defense.

"They heard all the testimony, and they had all the evidence available to them," Rodriguez said. "They knew the entire range of potential cases that could be brought against him, and they opted not to return an indictment or information (misdemeanor charge) - because they could have done that, too."

Rodriguez said the slain teens' families were bitterly disappointed.

The families could not be reached for comment late Thursday.

Hoffer said the grand jury "did the right thing."

Manuel Garcia and his family were elated that he was cleared of charges.

However, their joy is tempered by death threats made against Manuel Garcia, Hoffer said.

"He's going to have to move," Hoffer said. "He's indicated to me he's going to leave the area."

Garcia, who had been held in the Jefferson County Correctional Facility in lieu of $200,000 in bonds since his November arrest, was released Thursday.

smoore@beaumontenterprise.com"

casselthief · #2

too bad he had to spend two months in the klink. outta be able to get something back for that......

Liberty · #3

casselthief wrote:too bad he had to spend two months in the klink. outta be able to get something back for that......

Most likely he won't even get an apology. Nothing will happen to the arresting officers, police dept, or persecuters. It's likely his life is pretty screwed up for a while though.

casselthief · #4

oh, I didn't mean from the cops and what-not. I mean from the scumbags he (obviously) had to expire. I mean, someone comes into your home, and then pushes you to that point where you have to act, and then they and their (just as guilty) parents get out of it scott free.

now before you all flip smooth out. yes. I do realize someone got offed.
but when someone climbs Mt Everest, and they succumb to the elements, you don't go runnin' off "That terrible Mountain!!!!"
somebody jumps out of an airplane, their 'chute fails to open, you don't go blaming the plane?!?
well, maybe you do....
but the point is, these parents let their kids get caught up in this mess.
and now, This guy who was protecting his child has his life ruined.

now, yes, I realize there is WAY more to this, than just the scant few lines I've composed, and I really don't feel like going into it all.
my point is, it really bugs me that this dude had to go through these things, AND gets his life twisted off in a very bad way.
but if he hadn't defended his kid (from what I can tell in the article), his life would have been twisted off in another entirely bad direction.
bleh. that's all.

KRM45 · #5

Liberty wrote:
casselthief wrote:too bad he had to spend two months in the klink. outta be able to get something back for that......
Most likely he won't even get an apology. Nothing will happen to the arresting officers, police dept, or persecuters. It's likely his life is pretty screwed up for a while though.

The police department, the cops, and the prosecuters were doing their job. Nothing should happen to them.

Now he could file a civil suit against the estate of the deceased, or in the case of the teens he could sue their families.

Venus Pax · #6

I'm with casselthief on this one. I believe that this guy has been through WAY too much. First he and his son are terrorized by gang members, then he has to prove his innocence.
And what is happening to the gang that caused the trouble?

#7

As Casselthief said, there's more to the facts than are contained in this story. However, I believe the judge dropped the ball on this one. If the G.J. wouldn't even return an information (misdemeanor), then the evidence must have been very thin, if not non-existant. I believe the judge should have released him on a PR bond, or with a very low bail. However, I didn't hear what the judge heard, but the GJ's lack of action on a misdemeanor reveals a lot.

Chas.

seamusTX · #8

I read a news story a couple of days ago where a burglar who shot at a homeowner was caught, and bail was set at $2,500. These things seem capricious.

This incident took place in Beaumont. That's hardly a hotbed of liberalism or anti-gun sentiment.

- Jim

Greybeard · #9

There is likely much more to "the totallity of the circumstances", but the "14 gang members showed up at the residence, some of them armed with knives and firearms." sounds like a pretty powerfull reason to turn the man loose ...

Liberty · #10

KRM45 wrote: The police department, the cops, and the prosecuters were doing their job. Nothing should happen to them.

Now he could file a civil suit against the estate of the deceased, or in the case of the teens he could sue their families.

Arresting the guy and putting a $200k bond for defending himself and his family against gangsters is punishing him before he goes to trial. They didn't have to do that. Most times they don't. The people responcible will not be held accountable for their acts.

KRM45 · #11

Liberty wrote:
KRM45 wrote: The police department, the cops, and the prosecuters were doing their job. Nothing should happen to them.

Now he could file a civil suit against the estate of the deceased, or in the case of the teens he could sue their families.
Arresting the guy and putting a $200k bond for defending himself and his family against gangsters is punishing him before he goes to trial. They didn't have to do that. Most times they don't. The people responcible will not be held accountable for their acts.

I wonder if the man had a lawyer. If you kill 2 people you will be arrested, charged, and go before the Grand Jury.

What happens in between has more to do with the Judge and your lawyer than with the prosecuter, and has very little to do with the cops.

Liberty · #12

KRM45 wrote: I wonder if the man had a lawyer. If you kill 2 people you will be arrested, charged, and go before the Grand Jury.

What happens in between has more to do with the Judge and your lawyer than with the prosecuter, and has very little to do with the cops.

It's seems to me that most self defense shootings I've read about here and in the paper there is no arrest. Doesn't the prosecuter recommend bail to the judge? I'm sure Jefferson county bought the best criminal lawyer money can buy for this guy.

seamusTX · #13

Liberty wrote:I'm sure Jefferson county bought the best criminal lawyer money can buy for this guy.

Mr. Manuel Garcia lived in a house with his family (no indication whether he owned or rented). He wasn't indigent. Therefore he would not qualify for a public defender.

He's out big money.

- Jim

Liberty · #14

seamusTX wrote:
Liberty wrote:I'm sure Jefferson county bought the best criminal lawyer money can buy for this guy.
Mr. Manuel Garcia lived in a house with his family (no indication whether he owned or rented). He wasn't indigent. Therefore he would not qualify for a public defender.

He's out big money.

Takes all the joy out of killing a couple of gangstas

txinvestigator · #15

Liberty wrote:
KRM45 wrote: The police department, the cops, and the prosecuters were doing their job. Nothing should happen to them.

Now he could file a civil suit against the estate of the deceased, or in the case of the teens he could sue their families.
Arresting the guy and putting a $200k bond for defending himself and his family against gangsters is punishing him before he goes to trial. They didn't have to do that. Most times they don't. The people responcible will not be held accountable for their acts.

A no-bill simply means the GJ did believe there was enough evidence to proceed to trial. It DOES NOT mean that there was no probable cause to arrest, or charge him.

If the system worked like you suggest, every time a person was found not guilty or charges were dropped, "the police , prosecutors and courts" would be punished?

Even a not-guilty verdict does not mean the person did not commit the crime. A dismissal or no-bill certainly does not.