Governor Considering Clemency for 2009 Gang Killing
The Office of the District Attorney recently received a letter from Governor Newsom’s office that the Governor is considering a clemency application submitted by convicted murderer and criminal street gang member Richard Miguel Garcia, age 37, who participated in the killing of an 18-year-old male in 2009.
On the evening of August 28, 2009, Garcia and three other gang members went hunting for rival gang members by arming themselves with a gun and driving a car looking for rivals. The victim had on a blue shirt and was walking on the side of the road near Orosi with a friend. Garcia and his friends spotted the victim dressed in blue, stopped the car, and Garcia’s co-defendant exited the vehicle and fired several shots, killing the victim and wounding the leg of the second victim.
Garcia admitted to law enforcement that he knew the co-defendant had a gun and that the gun was for the purpose of looking for opposing gang members. At trial in 2011, a Tulare County jury found Garcia guilty of murder in the second degree and conspiracy, along with the special allegations of principal use of a firearm in a gang case causing great bodily injury, and the special allegation that the crimes were committed for the benefit a criminal street gang.
Garcia was sentenced to 50 years-to-life in prison. On appeal, Garcia’s sentence was reduced to 40 years-to-life for an instructional error given at trial regarding the conspiracy charge. Garcia is currently serving his life sentence at the California Substance Abuse Treatment Facility in Corcoran.
Since his conviction, Garcia has filed three petitions for re-sentencing. In each instance, a Tulare County judge denied his petition. Garcia has now filed a petition for clemency with the Governor in a continuing effort to avoid punishment for the murder for which he was convicted.
“This defendant is twelve years into a 40 year-to-life sentence for a cold-blooded violent crime. By his own admission, he and his co-defendants went looking to inflict violence that evening in 2009. They were literally hunting other human beings,” said District Attorney Tim Ward. “How many bites at the apple does he get? Judges here in Tulare County, where the crime was committed, said no to resentencing three separate times. We strongly encourage the Governor to respect the decisions of the judges, the jury, and the impacted community in this case.”
If granted, Garcia would be immediately eligible for a parole hearing and, if found suitable, released from prison.
The public is encouraged to contact the Governor’s office at https://www.gov.ca.gov/contact/ to oppose this bid for clemency.
Media inquiries can be directed to the Office of the District Attorney, County of Tulare Chief Deputy District Attorney Dave Alavezos (559) 636-5494