Tuesday
March
28
2017
2:41 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
 
 
 
 
 
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  | 
<< Back
 
 
Return To Archives
 
  


 
 
 
Daily Journal Quick Poll
 
Do you think on-demand ride companies like Uber and Lyft are helping with the area's traffic congestion?

Definitely helping
Helping in some circumstances
Not helping
Would help more if drivers wouldn't clog already congested areas
Not sure

 

 
 
 
 
Trump tosses Obama’s ’clean’ energy plan, embraces coal
WASHINGTON — Declaring “the start of a new era” in energy production, President D..
White House calls for domestic cuts to finance border wall
WASHINGTON — President Donald Trump is proposing immediate budget cuts of $18 billion from program..
More >>  
 
 
  
 
  
 
©2017 San Mateo Daily Journal
San Bruno newspaper