ER - Garza jailed on sex charges

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Garza jailed on sex charges
by Kara D. Machado, 4/5/2007

Almost one year after being arrested in the March 2006 Whitethorn kidnapping/rape case, one of the defendants was arrested on numerous felony charges involving his alleged sexual relations with a 16-year-old girl.

Nate Robin Garza, 22 — who is in custody — was not brought in to Humboldt County Superior Court Judge Timothy Cissna’s courtroom Monday for a pretrial conference hearing in connection to the new case, court documents indicate.

However, Garza’s attorney, Humboldt County Chief Conflict Counsel Glenn Brown, appeared on Garza’s behalf.

At Monday’s hearing, court documents indicate, “the matter (remained) set” with regard to Garza’s case, slated for jury trial on May 7.

As of Wednesday, court documents indicate that Garza is currently charged with — and has pleaded not guilty to — nine counts of felony sodomy with a person under 18; eight counts of felony unlawful sexual intercourse; and two counts of oral copulation with a person under 18.

Court documents indicate the sexual acts occurred between Dec. 20 and Jan. 5.

Brown was also not available at the end of business day Wednesday to comment on his client’s case.

On Wednesday, Humboldt County Deputy District Attorney Jeffrey Schwartz, who is prosecuting the case, said, “Basically, the charges (against Garza) are based on statutory rape” and that Garza and the alleged victim “were kind of going out.”

Schwartz said the case was brought to light after an adult caught Garza and the alleged victim having some sort of sexual relations; after the alleged victim’s mother was told by the adult; after the alleged victim confirmed the acts; and after the alleged victim’s mother reported Garza to authorities.

“We take these cases seriously,” Schwartz said. “It’s consensual sex with a 16-year-old, but the bottom line is if you’re an adult and having sex with a minor, it’s a crime.

“The classic term (for having sex with a minor) has been jail bait and if you’re having sex with a minor, you go to jail.”

Schwartz said people under the age of 18 are “not mature enough to be dealing with adults and the older the adult, the more serious we take (the case).”

“(Garza’s) 22 and she’s 16 and we’re trying to take a zero tolerance at this,” Schwartz said. “If you’re under 18, you cannot legally give consent.

“Although this is not as serious as forcible rape, we have a law because people under 18 are not mature enough, and we’re seeing a lot of cases like this lately and we’re just not going to tolerate it. Some people think ‘it’s not a big deal’ and that’s not the right attitude.”

According to court documents, Garza was arrested by Humboldt County Sheriff’s Detective Marvin Kirkpatrick on Feb. 19.

After Garza’s approximately hourlong March 7 preliminary hearing — at which only Kirkpatrick testified — a judge found sufficient evidence to bind Garza over for trial on all 19 counts, court documents indicate.

In September, Garza was sentenced to three years of formal, supervised probation for a plea agreement of false imprisonment he accepted with two other defendants with regard to the Whitethorn kidnapping rape case.

Garza’s twin brother was sentenced to eight years in state prison for a plea agreement of false imprisonment, kidnapping and marijuana trafficking he accepted in connection to his involvement in the Whitethorn case.

The four men were initially accused of kidnapping and raping a woman in Whitethorn in March after a debt to Garza’s brother was not paid.

According to past testimony, the Whitethorn victim claimed she was kidnapped for two days and tied to a tree in Whitethorn for 24 hours.

Schwartz said, Garza is “probably looking at (a maximum sentence of) five years, eight months” in state prison should he be convicted of the fresh charges and is held accountable for his probation violation.

“The new case is a violation of his probation because one of his terms is to obey all laws and he’s not doing a very good job on that,” Schwartz said. “(The two cases — involving the fresh charges and the probation violation) will probably be dealt with at the same time.”

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

Update:
Sentencing continued in statutory rape trial 5/21/2007