A man accused of beating and choking his wife had wanted a jury of his peers to determine his fate, but after more than 20 months into the legal process, 26-year-old Derick Michael Garcia failed to appear in Colusa County Superior Court for trial.
Garcia, who lives in Sacramento, is accused of injuring his wife in a jealous rage on Dec. 28, 2019, at the Econo Lodge, in Williams, in which he hit her in the face, threatened to kill her, and choked her into unconsciousness, according to testimony at his March 25, 2020, preliminary hearing. The Williams Police Department arrested Garcia around 9 PM, shortly after the incident.
Colusa County Superior Court Judge Jeffrey A. Thompson issued a no-bail bench warrant for Garcias arrest, which he refused to recall on Monday after the court received an alleged COVID-19 positive test result.
Chief Deputy District Attorney Brendan Farrell said he could not validate the test results, leading to his conclusion that the document may be invalid.
Garcia has remained out on bond since pleading not guilty to the charges on April 1, 2020, to charges of corporal injury to a spouse, assault by means likely to produce great bodily injury, possession of drug paraphernalia (a glass pipe used for smoking methamphetamine), a special allegation for domestic violence, and a special allegation for having a previous serious felony conviction, which could enhance his sentence on the assault charge if convicted.
While out on bail, Garcia had a rocky attendance record in court. When he failed to show up for his first trial readiness conference on Aug. 19, 2020, Colusa County Superior Court Judge Jeffrey A. Thompson issued a $250,000 bench warrant for his arrest, which he recalled a month later at Public Defender Albert Smith’s request, when it looked like the case would get back on track.
On Jan. 11, 2021, Garcia filed a motion with the court to replace Smith with another public defender, which the judge denied. According to court records, Smith made several gains for his client, including having some prejudicial evidence blocked from being admitted at trial.
The scheduled two-day trial was to get underway on Thursday, and a pool of local residents were summoned for the purpose of seating 12 jurors and two alternates.
With Garcia absent from the proceedings, Thompson vacated the proceedings until Garcia is back in custody. –