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Probation Sentence for Defendant Caught with Sawed-Off Shotgun While on Parole for Violent Crime

Probation Sentence for Defendant Caught with Sawed-Off Shotgun While on Parole for Violent Crime

Yesterday in Department 5 of the Tulare County Superior Court, Visalia Division, over the fervent objection of Chief Deputy District Attorney Dave Alavezos, the court sentenced Sarah Garcia, age 45, to time served and felony probation after pleading no contest to gun and drug charges despite having committed the crime while on parole for stabbing a man in 2018.  

“As the national debate over crimes involving weapons escalates, it is unfathomable how violent criminals like this defendant who flagrantly violate those same laws are allowed to remain on our streets. Instead of debating new laws, we need a court system willing to say, “enough is enough” and impose sentences which will protect the safety of our communities,” said District Attorney Tim Ward. “This defendant demonstrated a recent willingness to commit violent acts and a conscious disregard for her parole supervision. It is unbelievable that the best the court can muster is time served and probation. This sentence sends the wrong message to law enforcement, the public, and criminals. Our communities deserve better.”

STRIKE OFFENSE

On September 2, 2018, in Visalia, Garcia and co-defendant Rudy Esquivel were at the adult male victim’s house to smoke methamphetamine. Garcia and Esquivel attacked the victim, stabbing him in the back of the head. The victim was able to call 911 and received treatment. Three days later, both defendants were arrested at a traffic stop in the victim’s car. In February 2019, Garcia pleaded to assault with a deadly weapon, a strike offense. In addition, Garcia pleaded no contest to second-degree burglary, receiving stolen property, petty theft, and drug charges in separate incidents. She was sentenced to a total of 3 years, 4 months in prison in March 2019.

CURRENT OFFENSE

After serving her prison sentence and while on parole in October 2020, Visalia Police Department officers contacted Garcia in a car parked at a red curb. In the car, officers discovered a loaded sawed-off shotgun between her feet, ammunition, marijuana, and a smoking device. After being in jail for 213 actual days, Garcia was released on bail in May 2021. In January 2023, Garcia pleaded no contest to being a felon in possession of a firearm, being a felon in possession of ammunition, carrying a loaded firearm in a vehicle, possession of a sawed-off shotgun, possession of cannabis for sale, and possession of a meth pipe – all charges filed against her by prosecutors.

At sentencing, the court declined to increase the punishment with reference to the prior strike offense. According to current California sentencing laws, prosecutors argued that Garcia’s plea carried over 6 years in prison.

Garcia now possesses 10 felony convictions.

Media inquiries can be directed to the Office of the District Attorney, County of Tulare Assistant District Attorney Dave Alavezos (559) 636-5494

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