Monday
July
28
2014
11:41 pm
Weather

  Home
  Local News
  State / National / World
  Sports
  Opinion / Letters
  Business
  Arts / Entertainment
  Lifestyle
  Obituaries
  Calendar
  Submit Event
  Comics / Games
  Classifieds
  DJ Designers
  Archives
  Advertise With Us
  About Us
 
 
 
 

Check out our archive of Dining Guides - Yum!

Convicted murderer gets new sentencing hearing
June 28, 2014, 05:00 AM By Michelle Durand Daily Journal

Ricardo Garcia

A 23-year-old Redwood City man serving life without parole for killing a teen at a party six years ago will be resentenced and might receive a shot at eventual release based on a U.S. Supreme Court decision that such mandatory sentences for juveniles are unlawful.

On Friday, Judge Robert Foiles granted Ricardo Garcia a new sentencing after prosecutors conceded that he is entitled under the law. A hearing was set for Aug. 29. Chief Deputy District Attorney Karen Guidotti said between now and then her office will review the case, Garcia’s background and his behavior while in custody to decide if prosecutors will again seek a term of life in prison without the possibility of parole.

Garcia was 17 when he fatally shot Solomone Zarate, 19, on Sept. 13, 2008, but tried and convicted in 2010 as an adult of first-degree murder with a special gang allegation that made him parole ineligible.

However, the U.S. Supreme Court ruled in the 2012 case Miller v. Alabama that mandatory sentences of life without parole are unconstitutional for juveniles convicted of crimes even if they are tried as adults. The court had previously made an exception for murder.

Cases of juveniles sentenced as such like Garcia were sent back to the local courts for reconsideration using factors like a defendant’s age, maturity and family life. At his upcoming sentencing hearing, Foiles is required to specify why he opts for the term chosen.

Garcia killed Zarate at the Columbia Avenue party after jumping into a fight between his friend and the victim to prove he was the “biggest, baddest” member of the Fair Oaks Park sect of the Norteño gang, the prosecution contended during trial.

The defense didn’t dispute Garcia shot Zarate but argued it was self-defense.

Garcia testified as the sole defense witness that he believed Zarate had a gun because his hand was in his waistband. Zarate called out Heller Street, his alleged gang, and Garcia reportedly countered with his affiliation before shooting twice, then following and firing three more times.

The defense sought 60 years to life in prison for Garcia instead of the life without parole sentence he received.

michelle@smdailyjournal.com

(650) 344-5200 ext. 102

 

 

Tags: garcia, zarate, parole, without, defense, juveniles,


Other stories from today:

 

 
Print this Page Print this Page  |  Bookmark and Share
<< Back
 
Return To Archives
 
  


 
 
 
Daily Journal Quick Poll
 
Do you think Social Security will be solvent when you retire?

Yes, I'm already retired
Yes, I'm not there yet but it will be
No, the baby boomers will exhaust it
Not without major changes
It better be
Too heady to think about

 

 
 
 
 
 
 
Virgin America files plans for IPO
The California-based airline filed on Monday for an initial public offering of shares. Virgin Amer..
San Bruno alleges misconduct, seeks removal of CPUC president
San Bruno officials called on Gov. Jerry Brown today to remove California Public Utilities Commissi..
Israel denies striking Gaza hospital, park
JERUSALEM — The Israeli military has denied its forces were responsible for an attack on a hospita..
UN chief reinforces call for Gaza cease-fire
UNITED NATIONS — Secretary-General Ban Ki-moon reinforced the Security Council's call for "an imme..
Police team turns back from Ukraine crash site
SHAKHTARSK, Ukraine — Heavy fighting raged Monday around the Malaysia Airlines debris field, once ..
More >>  
 
 
  
 
  
 
©2014 San Mateo Daily Journal
San Mateo County DBA