Man indicted for attempted rape

By Jim Tiffin
Cibola County Bureau

GRANTS — Daniel Garcia, 41, of 428 Truman, was indicted this week by the 13th Judicial District grand jury on charges that he attempted to rape a 16-year-old girl on Jan. 18.

The grand jury's indictment includes the following charges: One count of kidnapping, a first-degree felony; four counts of criminal sexual penetration (CSP) in the second degree, all second-degree felonies; and one count of child abuse, a third-degree felony.

Cibola County Deputy District Attorney Randolph M. Collins said Friday if Garcia is prosecuted and convicted of all charges the total amount of time Garcia could serve is 56 years 18 years for the kidnapping count, nine years each for the four CSP counts and three years for the child abuse count.

Garcia also faces a fine of up to $60,000 if prosecuted and convicted.

Garcia is still in custody at the Cibola County Detention Center where he has been since his arrest Jan. 19, one day after the alleged incidents took place, said Lt. David Sisneros, detention center spokesman.

"He is on a no-bond hold," Sisneros said.

Garcia was arrested on a 13th Judicial District warrant requested by New Mexico State Police, on allegations that he attempted to rape the teenager in a 1999 four-door Chrysler when they stopped at a rest area in San Rafael on Jan. 18, 2007, according to court records.

When interviewed by state police, Garcia denied all accounts given to police by the victim and voluntarily gave samples of his clothing and samples for DNA testing, according to court records.

Alleged
On Jan. 18, Garcia picked the victim up at a friend's house, about 4:30 p.m., and started driving around the area while purchasing beer, according to court records.

Garcia allegedly took the teen to a rest area in San Rafael where he got out of he car, went to her side of the car, opened the door, forcibly removed clothing and attempted to rape her, according to court records.

Court records state she told police she resisted, so Garcia returned to the driver's side of the car and they drove to another area just a few miles from the rest area, where Garcia again tried to rape the teen.

While at Cibola General Hospital that night, the teenager told a social worker she resisted Garcia each time he tried to rape her and when they returned to Grants, she went to a friend's house to call police, according to court records.

She told the social worker another man in a car was at the first rest area but Garcia told the man Garcia was having trouble with his girlfriend and the stranger did not try to help, according to court records.

Cibola County Sheriff's deputies responded to the call but turned the case over to state police after discussing it with Assistant District Attorney Kristina Faught-Hollar, according to court records.

Bizarre twist
While the teenager was at the hospital, Garcia drove the car in which he attempted to rape her to the hospital with his girlfriend while the teen was still receiving treatment and talking to police, court records state.

State police seized the vehicle for evidence and began processing it for DNA evidence, according to, court records.

The next day, the warrant was issued and signed by 13th Judicial District Judge Camille Martinez-Olguin and Garcia was arrested by state police at his residence, said state police Lt. Robert Schilling.

To contact reporter Jim Tiffin, call (505) 287-2197 or e-mail: jtiffin.independent@yahoo.com.