Thursday, April 05, 2007

Return of Garza & ANOTHER plea deal

Garza jailed on sex charges
Almost one year after being arrested in the March 2006 Whitethorn kidnapping/rape case, one of the defendants was arrested on numerous felony charges involving his alleged sexual relations with a 16-year-old girl....

...As of Wednesday, court documents indicate that Garza is currently charged with — and has pleaded not guilty to — nine counts of felony sodomy with a person under 18; eight counts of felony unlawful sexual intercourse; and two counts of oral copulation with a person under 18....

...On Wednesday, Humboldt County Deputy District Attorney Jeffrey Schwartz, who is prosecuting the case, said, “Basically, the charges (against Garza) are based on statutory rape” and that Garza and the alleged victim “were kind of going out.”...

...“The classic term (for having sex with a minor) has been jail bait and if you’re having sex with a minor, you go to jail.”...


But not if you tie her to a tree for three days, and rape her repeatedly. Then you get a "GET OUT OF JAIL FREE" card.

Which is what got us here in the first place...
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Yeah, this is yet another one to watch. Along with the case in Fortuna.
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UPDATE:
Garza accepts plea agreement
On the day he was to confirm his trial date, Nate Robin Garza accepted a plea agreement.

Humboldt County Deputy District Attorney Jeffrey Schwartz said Garza, 22, pleaded guilty Monday to one count of unlawful sex with a minor — “which is commonly known as statutory rape” — one count of unlawful oral sex with a minor and also admitted to a probation violation.

Garza’s probation stems from a March 2006 Whitethorn kidnapping/rape case.

Schwartz said Monday’s agreement is “an open plea,” which means a judge will determine whether to sentence Garza to the maximum prison sentence of “four years, four months” or to the “minimum penalty of probation.”

Garza’s case stems from “consensual” sexual relations with a then-16-year-old girl between Dec. 20 and Jan. 5, Schwartz said.

Initially, Schwartz said, Garza was charged with — and pleaded not guilty to — nine counts of felony sodomy with a person under 18, eight counts of felony unlawful sexual intercourse and two counts of oral copulation with a person under 18.

Garza was arrested Feb. 19, almost one year after being arrested in connection with the Whitethorn kidnapping/rape case.

In September, Garza was sentenced to three years of formal, supervised probation for a plea agreement of false imprisonment he accepted with two other defendants with regard to the Whitethorn kidnapping/rape case.

Garza’s twin brother was sentenced to eight years in state prison for a plea agreement of false imprisonment, kidnapping and marijuana trafficking he accepted in connection to his involvement in the Whitethorn case.

The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Garza’s brother was not paid.

According to past testimony, the Whitethorn victim claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.


Update:
Sentencing continued in statutory rape trial 5/21/2007

11 comments:

  1. Pay attention to the term "alleged". This term is usually used by the media when describing supsects of crimes, not by the prosecutor describing the victim of a crime. Something is wrong here !

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  2. But the funny part is where the same prosecutor who dropped the original forcible rape charge
    says this isn't as serious as
    forcible rape. Which he dropped. Not a good sign.
    Maybe if he passes a polygraph ....

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  3. The victim was a minor. This will impact her for the rest of her life. He needs to go to jail.

    ReplyDelete
  4. This crime would have never happened if Schwartz had done his job the first time.

    This won't be the last time that there is another person victimized because of his actions or lack thereof.

    ReplyDelete
  5. Anonymous said...

    This crime would have never happened if Schwartz had done his job the first time.

    This won't be the last time that there is another person victimized because of his actions or lack thereof.

    4/06/2007 9:00 AM

    ===================================

    Agreed. But the question is, why if Garza was arrested on February 19th, why are we wasting our time watching this now? Schwartz will screw it up again, and in another year we will have yet another under age victim of statutory rape because Nate Garza will be out sticking his pecker in anything that moves.

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  6. The citizens of Humboldt need to put pressure on Gallegos to make sure Schwartz does his job! If he drops the ball, takes the easy way out, and kisses of the case ....... letters to the editor and more. We can't afford to let Schwartz get away with screwing the pouch again. Gallegos elevated him to a level 4 DDA. Gallegos is the boss, he is responsible for Jeffies actions and failures.

    AND when will Gallegos make his decision (public) on the Cheri Moore shooting?? How long will people let Gallegos dodge this hot potato? It will be a year next week! It's been over six months since all the reports were in. Make this guy responsible!

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  7. The handwriting is on the wall...

    The victim and Garza were "kinda going out." The talking points are already springing up on Eric's blog ..."Anonymous said...
    It's a horrible law. 22 and 16 -- big deal. He's guilty of being in love?
    Thu Apr 05, 06:59:00 PM

    Anonymous said...
    It was consentual. She came to his place. Came back again and again. She's 16. Most of the world that's a woman.
    Thu Apr 05, 09:09:00 PM


    The wagons are already being circled.

    Going out? Really? Did Garza take her out to a nice dinner? Sea Grill, maybe? Lunch? Maybe a movie? Oh. She came to his place. Nice.

    You're right 11:31, hold his feet to the fire.

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  8. Is it just me, or does JS, as quoted in the story, sound: 1) like an inarticulate boob; and 2) someone who is trying to talk himself into believing something?

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  9. Jeff Schwartz is a fraud! He's just laying the ground work for when he kisses this one off completely or gives the little rat double secret probation. Schwartz will blame the victim. Anything to get out of work. Schwartz is not a skilled lawyer. He is an ambulance chaser, personal injury type lawyer that will take the money, then let the client go. Too bad his current client is the people of the County of Humboldt and the State of California

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  10. A little off topic but, I just learned that Worth Dikeman has been transferred from being the supervisor of the Tahoe sub office of the El Dorado County DA's office. He now works out of the main office and is in charge of the Homicide team. It's good to know that someone is benefiting from his knowledge, experience, and integrity!

    Humboldt County gets stuck iwth Jeff Schwartz and Arnie the skirtchaser Klien. Oh boy.

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  11. Where are all the women's and victim's rights advocates? The Rape Crisis stormtroopers? Where is the outrage from them? Must be politics..or threats from Salzman and the gang.

    ReplyDelete

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