Date: 04-04-2021

Case Style:

Case Number: 1:20-cr-02064-JB

Judge: James O. Browning

Court: United States District Court for the District of New Mexico (Bernalillo County)

Plaintiff's Attorney: United States District Attorney’s Office

Defendant's Attorney:

Criminal Defense Lawyer Directory

Description: Albuquerque, New Mexico assault with a dangerous weapon in Indian Country charge criminal defense lawyer represented Defendant, Emergy Garcia age 36, who admitted to committing the offense on the San Felipe Pueblo in Sandoval County, New Mexico, on Oct. 8, 2020, assaulting John Doe 1 and John Doe 2 with a board, specifically a piece of 2x4 lumber, with the intent to do bodily harm. Garcia attempted to enter a home through a window and attacked John Doe 1, a minor, with the board when John Doe 1 tried to stop Garcia. Garcia then struck John Doe 2, who attempted to intervene.

Garcia is currently in custody pending sentencing. He faces five to seven years in prison.

The FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Allison Jaros is prosecuting the case.

18:1153, 113(a)(3), and 3559(f)(3): Assault of a Minor with a Dangerous Weapon;
(1)
18 USC 1153 and 113(a)(3): ASSAULT WITH A DANGEROUS WEAPON
(1s-2s)
18:1153 and 113(a)(3): Assault with a Dangerous Weapon.
(2)

Outcome: 03/29/2021 26 INFORMATION as to Emery Garcia (1) count(s) 1s-2s. (vv) (Entered: 03/29/2021)
03/29/2021 27 CONSENT TO PLEA BEFORE US MAGISTRATE JUDGE by Emery Garcia (vv) (Entered: 03/29/2021)
03/29/2021 28 WAIVER OF INDICTMENT by Emery Garcia (vv) (Entered: 03/29/2021)
03/29/2021 29 WAIVER of Personal Presence at Hearing by Emery Garcia (vv) (Entered: 03/29/2021)
03/29/2021 30 PLEA AGREEMENT as to Emery Garcia (vv) (Entered: 03/29/2021)
03/29/2021 31 Clerk's Minutes for proceedings held before Magistrate Judge Laura Fashing: Plea Hearing as to Emery Garcia held on 3/29/2021; Guilty Plea entered by Emery Garcia as to the Information. (Recording Info: ABQ Zoom) (nm) (Entered: 03/29/2021)

Plaintiff's Experts:

Defendant's Experts:

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