Thirty two year old Kenneth Garcia, who was charged with the murder of his uncle 54 year old Sergio Garcia, was found not guilty of murder, but guilty of manslaughter today in court.
The jury deliberated for almost 4 hours before announcing a unanimous verdict. Between the hours of 8 and 9 p.m. on September 22nd, 2006 at the home of Garcia's father, Garcia struck his uncle on the head with a metal pipe, thus causing multiple fractures to the skull.
Sergio Garcia was taken to the Western Regional Hospital, where he died the following day, September 23rd.
The prosecution tendered into evidence a statement given by Garcia, in which he admitted he struck his uncle but said it was because he kept throwing stones at him and that he simply acted in self defense.
In a separate statement, Garcia claims that he struck his uncle purely by accident, when he was trying to block the stone being thrown. Justice Gonzalez has deferred his sentencing until this Friday in order to give Garcia's attorney, Leo Bradley Jr., time to prepare a plea.
And in a correction to a court story we ran last night, we reported that attorney Dickie Bradley made no case to answer submissions for two men, Edwin Flowers and Brandon Smith, who were charged in connection with the murder of Randy Coye. Bradley did make submissions, but they were not for "no case to answer"; the case was thrown out because there was no case file was available for any of the accused persons.
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