Man held on rape charges

By Jim Tiffin
Cibola County Bureau

Daniel Garcia

GRANTS — A 41-year-old Grants man is in custody in the Cibola County Detention Center on four counts of criminal sexual penetration of a 16-year-old female. He is on a "no bond hold" until first appearance before a judge, said Lt. David Sisneros, a detention center spokesman.

Daniel Garcia, of 824 Truman, who was arrested Jan. 19, on a 13th Judicial District warrant requested by New Mexico State Police, has had no initial appearance before a judge yet because he is facing indictment by the 13th Judicial District grand jury, said Deputy District Attorney Randolph M. Collins.

According to an arrest affidavit, filed by state police criminal investigations division, Garcia assaulted the female victim in a 1999 four-door Chrysler when they had stopped at an area in San Rafael on Jan. 18.

Garcia denied any sexual assault of the alleged victim and voluntarily gave officers samples of clothing and DNA, court records state.

About 4:30 p.m., Garcia picked the victim up at her friend's house, started driving around the area while purchasing beer, court records state.

They drove to a rest area in San Rafael where he got out of the car from the driver's seat and went to the passenger side of the car and opened the door. He then forcibly removed her clothes and fondled while attempting to rape her, court documents state.

She resisted; so he got back into the car and they drove to another area just a few miles from the rest area, where the scenario played out identically all over again, according to court records.

The victim told a social worker at the hospital, during an interview as part of the investigation, that she resisted Garcia and when they returned to Grants, she went to a friend's house to call police, court records state.

She also told the social worker that there was a man in another car at the rest area where they first stopped, but Garcia told him he was having trouble with his girlfriend and the stranger did not intervene, court records state.

Cibola County Sheriff's deputies initially responded, but after contacting Assistant District Attorney Kristina Faught-Hollar, she requested state police take over the case, according to court records.

Garcia had driven the car, with his girlfriend, to the hospital while the victim was there, court records state. When state police realized the car was at the hospital they seized the vehicle for evidence, since the victim told investigators Garcia had left DNA on his clothing and the vehicle in the attempt to rape her, according to court records.

After following up on the investigation, the warrant was issued and signed by 13th Judicial District Judge Camille Martinez-Olguin, and Garcia was arrested by state police at his residence about 6 p.m. the day following the alleged incident, said NMSP Lt. Robert Schilling.

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