TUCSON, Ariz. (KGUN) — A jury has found former Pima County Sheriff’s deputy Ricky Garcia not guilty of two counts of sexual assault, for forcing sex on a female deputy who was too drunk to consent.
The jury did criminal behavior by the former Sheriff's Sergeant. Jurors returned guilty verdicts on lesser charges of attempted sexual assault and sex abuse.
Jurors were asked by the judge to also deliberate on aggravating circumstances on whether the victim suffered physical injury, psychological damage, and damage to her career as a deputy, as well as whether Garcia abused his sergeant rank to take advantage of her as a subordinate.
The jurors did find that there were indeed aggravating circumstances, a finding that will allow for a stiffer sentence for Garcia when he faces sentencing late next month.
The finding of aggravating circumstances could allow Garcia's sentence on the attempted sexual assault conviction to run as long as eight and three-quarters years.
The case against former Sheriff’s Deputy Ricky Garcia hinged on the testimony of witnesses who admitted they had been drinking the night of the incident.
Prosecutors say Ricky Garcia used his home for a Christmas party for his fellow deputies, and that one of those deputies forced his way into a locked bedroom and found Garcia having sex with a female deputy who was far too drunk to say no.
Prosecutors built a lot of their case around a deputy named Chris Aquino. He says he and Garcia put the woman in a spare bedroom because she was so drunk—then three times found Garcia with her with the woman more undressed, and less conscious each time. Aquino says he warned Garcia three times that the woman was too drunk to consent to sex.
The woman says Garcia called her the following day and said they had sex—but she says she did not remember anything. The prosecution says that’s a sign of how she was far too drunk to consent.
In closing arguments, defense attorney Louie Fidel told jurors the case was poorly investigated and depended on the testimony of witnesses who had all been drinking heavily. He also says the DNA evidence is not as conclusive as the state says it is.
PREVIOUS COVERAGE:
- Evidence questions in former Sheriff’s Deputy’s sexual assault trial
- Jury deliberations expected Friday in former Deputy’s sex assault trial
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Craig Smith is a reporter for KGUN 9. With more than 40 years of reporting in cities like Tampa, Houston and Austin, Craig has covered more than 40 Space Shuttle launches and covered historic hurricanes like Katrina, Ivan, Andrew and Hugo. Share your story ideas and important issues with Craig by emailing craig.smith@kgun9.com or by connecting on Facebook and Twitter.
