Judge grants Sharon man an extension in DUI fatalBy Christian Avard
Staff Writer | April 24,2013JENNIFER HAUCK / VALLEY NEWS PHOTO
In Windsor District Court in White River Junction Carlos Garcia talks with his attorney Sandra Nelson. Garcia was scheduled for a plea agreement Tuesday, but the judge granted more time.WHITE RIVER JUNCTION — There is still no plea agreement in a fatal DUI case that has been lingering in the courts for more than a year.
Judge Robert Gerety granted more time to Carlos Garcia, 20, of Sharon on Tuesday in criminal court in White River Junction per the request of his lawyer, Sandra Nelson.
Nelson said her client was “not ready to proceed” because he was dealing with “emotional issues.” She said obtaining Garcia’s personal records from the state of California has been difficult. Nelson said the records are vital if Garcia will accept a plea agreement.
“We are not trying to drag things out. We want to paint an accurate picture of him at the sentencing,” Nelson said.
Deputy State’s Attorney David Cahill countered that the defense had ample time to obtain Garcia’s records and that the state was ready to offer a plea agreement.
Garcia is charged with six felonies for driving under the influence, injuring the driver Karen Crouch, 51, and killing her friend Zyra Flores, 53. Crouch and Flores are from San Antonio. The charges are refusing a test after a fatal crash, DUI in a fatal accident, driving under the combined influence of drugs and alcohol, gross negligence resulting in death, DUI causing bodily injury and gross negligence causing bodily injury.
Each charge carries up to 15 years in prison and Garcia faces up to $65,000 in fines on all counts. Garcia pleaded innocent on Oct. 14, 2011.
According to police reports, Garcia was traveling north on Route 14 in Sharon on Oct. 13, 2011. He crossed into the southbound lane to pass another vehicle and collided with Crouch’s car.
In an affidavit, state trooper Christopher Blais said he found an open container of alcohol and the prescription drug Hydroxyzine HCL in Garcia’s vehicle. Blais also smelled “the strong odor of intoxicants” emanating from his car. He obtained a warrant for a blood test and Garcia’s blood alcohol content was 0.273 percent. Paramedics also informed Blais they saw scarring on Garcia’s veins which is commonly found in intravenous drug use, according to the affidavit.
Garcia had been living in Sharon for a brief period of time when the fatal crash occurred. He also lived in California and Arizona, according to court records.
@Tagline:christian.avard @rutlandherald.comMORE IN Southern VermontIn honor of the sesquicentennial of the end of the Civil War, Brattleboro veterans are putting... Full Story
- Most Popular
- Most Emailed
- RICHARD'S POOR ALMANACK: On this day 1739, 'Richard Palmer' identified in prison at York Castle as the notorious outlaw DICK TURPIN; IN 1836, Battle of the Alamo begins near San Antonio de Bexar, Texas; 1896, the Tootsie Roll invented by LEO HIRSCHFELD.
- RICHARD'S POOR ALMANACK: On this day in 1472, Orkney, Shetland islands put up as collateral by Norway to Scotland in lieu of dowry for MARGARET OF DENMARK on her marriage with JAMES III, king of Scotland; 1962, JOHN GLENN first American to orbit Earth.
- TOMORROW'S HEADLINES TODAY: City mayoral candidates debate campaign issues; Hartford, Conn., woman still missing; Neal Goswami reports attempts to legislate suicide; local woman loses 100 pounds through TOPS program.
- RICHARD'S POOR ALMANACK: On this day in 1878, JOHN TUNSTALL murdered near Lincoln, New Mexico, by the outlaw JESSE EVANS; in 1930, ELM FARM OLLIE first cow to fly in aircraft, first to be milked airborne; 1955, nuke test WASP; '79, snow in Sahara.
- TOMORROW'S HEADLINES TODAY: Rutland Herald News Editor Alan J. Keays and staff writer Gordon Dritschilo discuss stories planned for the February 18, 2015, edition of the newspaper: Winter budgets maxed, legal marijuana, Springfield bank job, USPS slowdown
- RICHARD'S POOR ALMANACK: On this day in 1249 AD, ANDRE of LONGJUMEAU is dispatched by LOUIS IX of France to meet the KHAGAN, ruler of the Mongol Empire; in 1804, during 1st Barbary War, STEPHEN DECATUR scuttles the pirate-held USS Philadelphia in Tripoli.