Joel Garcia out on bond, community outraged
Joel Garcia is out of jail waiting to learn if a blood test will be used against him on three charges of intoxicated manslaughter.
Garcia allegedly drove drunk last Christmas Eve and crashed into a car with two brothers and one of their girlfriends inside–all three were killed. Brothers Joshua and Isaiah Deal and Shannon Del Rio, were driving from their father’s house, to their mother’s house when they were hit.
Garcia was released nearly two weeks ago. He fought for ten months to have his bond reduced. He was set to go to trial on three counts of intoxicated manslaughter charges back in august, but prosecutors filed an appeal after the judge threw out evidence. El Paso Police officers admitted to drawing Garcia’s blood without a warrant right before Garcia was to receive medication.
Two weeks ago, Garcia pleaded guilty to a previous DWI and fulfilled his sentence– time served. With that out of the way, he posted bond for the intoxicated manslaughter charges–making him free until he’s set to appear in court again.
“The one thing we want is just for people to understand how something so little can change so many lives,” Ricardo Cisneros, the stepfather of the two brothers killed, said following the tragic crash.
Today, the man accused of causing the deadly wreck, is out of jail and his picture is all over the internet with more than one thousand shares on Facebook.
Local Facebookers are angry at his release and are sharing his picture and warning the community to make sure he’s not out drinking and driving.
“He’s currently not been found guilty of these charges. Now, I understand the court of public opinion may have a different view but again a jury has not convicted him of these offenses,” Attorney Justin Underwood who has no connection to this case, said.
Underwood says bonds are to make sure the defendant shows up to court. Factors like criminal history, nature of the offense, ability to make bail are all factors.
“Every single time you have a person in front of a judge, that judge gets to know background information about them. Where they come from, what kind of criminal history, all the things that we mentioned and the judges under the law of texas authority, to set bond they believe are appropriate,” underwood said.
The appropriateness of this bond is a question for the judge.
“You have the judge presiding over the trial over the allegations of three deceased individuals that are all felonies, not misdemeanors, and the bonds total are $150,000, I don’t know the answer that, you’d have to ask the judge,” Underwood said.
Abc-7 was unable to speak to those connected to the case, including Garcia’s attorney, because there is a gag order.
No date has been set for Garcia’s trial. An appellate court ruling will determine if key evidence like a blood sample police took without a warrant will be thrown out of the case.
