On Dec. 8, 2013, Albuquerque Police Department Officer Hector Marquez fatally shot Andy Snider, 37. Snider was armed with a hammer when Marquez and officer Nathan Cadroy-Croteau chased him into an alley after a report of a man threatening people with a hammer at a 7-Eleven.
Cadroy-Croteau shot Snider once with a beanbag shotgun before Marquez fatally shot him. Cadroy-Croteau shot Marquez with the beanbag gun as he hif behind a car, at the direction of Marquez. After being shot twice, Snider got up and tried to flee with the hammer in his hand. Marquez opened fire, shooting Snider in the wrist, chest and back. The shot to the back was the fatal shot. Their statements to investigators were inconsistent with the lapel footage, attorney Matthew Garcia wrote in a lawsuit complaint.
“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote. “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”
Charges: First-degree murder, shooting at or from a vehicle causing great bodily harm or death, tampering with evidence, receiving stolen property: a firearm
Status: No contest plea to second-degree murder, tampering with evidence and receiving a stolen firearm
On Jan. 29, 2012, Bobby Smith, 24, of Artesia, allegedly walked up to security guard Michael Evans, 24, of Artesia, after he failed to sneak up on him, and shot him in the left side of the head with a revolver armed with shotgun shells.
Bobby Smith
Smith’s neighbors reported hearing shooting earlier in the evening and described Smith as wearing the same clothing that the assailant was, based on surveillance footage.
On Jan. 30, 2012, Smith was arrested on an outstanding warrant.
Prosecutors filed a criminal information charging Smith with first-degree murder, shooting at or from a motor vehicle causing death, tampering with evidence and receiving stolen property on Oct. 27, 2015.
On Oct. 12, 2016, Smith’s attorney, Gary Mitchell, filed a notice of incompetency for Smith, based on a report by Dr. Eric Westfried. On April 3, 2018, he was found competent to stand trial, and again on Nov. 14, 2018.
On April 2, 2019, prosecutors filed an amended complaint charging him with second-degree murder, in addition to the other charges.
Security guard Michael Evans, 24, was patrolling, Jan. 29, 2015, around 105 South 4th Street in Artesia when he noticed someone was trying to sneak up on him.
Sculpture in Artesia, NM. Photo by Justin Miller/Flickr. CC BY-NC
“Evans stated he lost sight with the male subject but then stated the subject was heading towards him,” Rodriguez wrote. “While talking with dispatch, the telephone conversation was terminated.
Sgt. Christopher Boor told Rodriguez that when he got into the area, he saw Evans’ work truck had crashed into a building in the alley between 4th and 5th streets.
“Sgt. Boor reported he approached the truck and observed a male subject inside the truck in the driver’s seat with an apparent gun-shot wound to the head,” Rodriguez wrote. “Sgt. Boor notified dispatch and requested EMS.”
Detective Tim Argo told Rodriguez he viewed the security cameras from the Yates Petroleum Building and saw Evans’ truck drive east down the alley while a person wearing blue jeans, a green sweater and a blue bandanna over his face walked toward the truck.
Rodriguez did not specify how Argo was able to determine colors from footage taken outside at night.
“The subject raised their left hand towards the Dodge pickup and walked up to the driver’s side window while at the same time pulling an item that appears to be a chrome or nickel in color handgun from the right front of the subject’s pants and point the handgun at Michael Evans,” he wrote. “The subject then ran west bound down the alley out of the camera’s view.”
Evans’ truck then, as seen in surveillance footage, crashed into a post. Officers arrived two minutes later and found Evans, shot in the left side of the head and his left arm.
“The gunshot wound on his left arm entered and exited,” Rodriguez wrote. “In the wound was a clear plastic object that appeared to be wadding from a .410 caliber shotgun shell.”
Earlier in the day, Officer Gracie Gonzales was dispatched to 9th and Texas streets because someone reported shots had been fired. She told Rodriguez that she walked to multiple tenants in the area, Rodriguez wrote.
“Melissa and Alice Duncan told Officer Gonzales after they heard 4 or 5 shots and they came out of their apartment to see what was going on, and they saw tenant Bobby Smith walking back into his house hunched over as if he was trying to conceal something,” Rodriguez wrote. “Melissa Duncan told Officer Gonzales Bobby Smith left his residence on January 29, 2012 between 2200 (10 p.m.) and 2230 (10:30 p.m.).”
Karla Parada told Gonzales that she also heard five or six shots. She immediately dropped to the ground.
Later in the night, Parada allegedly saw Smith allegedly walking away from his apartment between 9 and 9:36 p.m. He was wearing a green sweater with a design on the front and a black bandanna on his head, the alleged description of the assailant from the surveillance footage.
She saw him standing by her truck, looking inside, before he walked down Texas Street.
Marcos Herrera said Smith asked him for a cigarette earlier in the evening and they smoked together.
“(While they were smoking, Smith told Herrera if he needed anyone taken care of, he would shoot them. Herrera then ended the conversation,” he wrote.
On Jan. 30, 2015, Smith was arrested on an outstanding warrant.
On Jan. 31, detectives and officers executed a search warrant on Smith’s apartment in the 900 block of West Texas Street. In the apartment, they allegedly found clothing that matched the suspect’s clothing.
To get into the house, they had to break the back door open because the manager did not have a key. Smith had been arrested the previous day on a warrant.
In the apartment, they found .45 caliber casings and live .410 shotgun shells and a chrome Taurus Judge revolver in the ceiling of the bedroom.
“The a nickel or chrome colored Taurus Judge revolver with black grips that is capable of using .45 Long Colt bullets and .410 shotgun shells,” Rodriguez wrote. “A copy of the lease agreement was obtained and it stated Bobby Smith was the tenant of the apartment.”
The pathologist, who conducted the autopsy on Evans, confirmed that it was a .410 shotgun shell that killed him.
That gun had been reported as stolen on Sept. 19, 2011, from a truck parked in the 700 block of West Quay in Artesia. The truck owner told police someone broke the front windshield of his 2011 Ford with a big rock and stole the Taurus revolver, capable of shooting .45 bullets or .410 shotgun shells.
When police checked serial numbers, they found the gun found in the ceiling allegedly matched the serial number of the one that had been stolen.
A past address for Smith showed he lived in the 600 block of West Quay, a block away from the theft.
On June 15, 2015, Rodriguez arrested Smith on a warrant charging an open count of murder. Below is the statement of probable cause for his arrest.
Competency in question
On Oct. 27, 2015, prosecutors filed criminal information charging Smith with:
First-degree murder
Shooting at or from a vehicle causing great bodily harm or death
Tampering with evidence
Receiving stolen property: a firearm
The information was filed after Smith’s lawyer waived a preliminary hearing.
Bobby Smith
On April 19, 2015, Smith was present for a competency hearing, according to an order for continued care and treatment.
District Judge Jane Shuler-Gray found Smith, in a Jan. 4, 2016 order, competent to proceed in the criminal case, but found that Smith needed continued care and treatment at the New Mexico Behavior Health Institute, which agreed to provide him care
On Oct. 12, 2016, Smith’s lawyer, Gary Mitchell, filed a notice of incompetency, based on consultation with Dr. Eric Westfried, who twice examined Smith.
Smith is incompetent to stand trial because he could not cooperate with or assist his attorney, Mitchell wrote.
“Dr. Westfried reports his absence of cooperation was similar to that experienced in 2012, being the product of a severe mental disorder,” Mitchell wrote. “During 2012, Dr. Westfried had suspected a psychosis that would have been part of a schizophrenia disorder, and his being observed at the state hospital forensic division confirmed that suspicion.”
Smith, as of Mitchell’s Oct. 12, 2016 motion, was no longer on his medication.
“Records from the state hospital indicate that when he was not taking antipsychotic medication, he was not capable of proceeding on his charges,” Mitchell wrote. “Once he was stabilized on the psychotropic medication, it was then the opinion of the state hospital examiner that he was capable of proceeding. In Dr. Westfried’s opinion, his refusal to take medication at the present time has resulted in recurring signs and symptoms of psychosis. Consequently, he is not capable of rationally assisting in his defense.”
Smith had previously been sent to the New Mexico Corrections Department in March 2017 after the Eddy County Detention Center found they were not capable of safely housing him.
On Oct. 12, 2016, Smith’s attorney, Gary Mitchell, filed a notice of incompetency for smith, based on a report by Westfried. On April 3, 2018, he was found competent to stand trial, and again on Nov. 14, 2018.
No-contest plea
On April 2, 2019, prosecutors filed an amended complaint charging him with second-degree murder, in addition to the other charges.
On May 6, 2019, he pleaded no contest to second-degree murder, tampering with evidence and receiving a stolen firearm. The plea states the prosecution would argue for a sentence of seven to 13 years, although it is not clear if that was binding on the judge. Shuler-Gray accepted his plea and sentenced him to 13 years in prison.
On April 15, 2011, Dennis Lovato beat Joseph Melvin Lucero to death. Although he was initially found by his neighbor’s son, the son took it to be a drunk person who had passed out. When the neighbor arrived home, he found that Lucero was dead. Lovato was arrested following the deadly beating for drunk driving and talked about getting into a fight, for his life, with Lucero, but Bureau of Indian Affairs and tribal police officers did not connect Lovato’s report of a fight with Lucero’s death until Lucero was reported as dead.
On Oct. 24, 2013, Lovato pleaded guilty to second-degree murder. Per the plea deal, he received a sentence of 12 years followed by five years of supervised probation.
Historic Kewa/Santo Domingo Indian Trading Post. Photo by Killbox/Flickr. CC BY-NC
In 2010, Santo Domingo Pueblo changed its name to Kewa Pueblo.
BIA Officer Earl Chicharello caught up to the vehicle, driven by Dennis Lovato, and managed to get him to pull over. He arrested him for drunk driving. Two other men in the car were arrested. They were Eddie Garcia and Nelson Garcia.
“Upon arrest, Lovato advised Officer Chicharello that he had just been involved in a fight with ‘Youngblood,’ later identified as Joseph Melvin Lucero, YOB (1949), also a Tribal Member of Santo Domingo Pueblo,” Kice wrote. “Lovato stated that the fight occurred at Lucero’s residence, located on Santo Domingo Pueblo. The arresting officer noted that Lovato’s shirt and hands were covered in blood, and that Lovato had a cut on a finger on his right hand. Lovato told Officer Chicharello that he was, ‘fighting for his life.'”
While at the Indian Health Services in Santa Fe, having his cut hand fixed up, Lovato allegedly made physical threats to BIA officers, claimed he was defending himself and that he got into a fight with “Youngblood.” Lucero’s nickname was “Youngblood.”
He also allegedly was overheard saying “I got scared,” “I got paranoid” and “I just left.”
At 9:45 p.m., the neighbor’s son, Ray Rosetta, noticed someone was in lying in front of Lucero’s house, between the house and the road.
“Ray noted that Lucero was known to have parties and he beleived that whoever it was had just passed out,” Kice wrote. “Later, when Ray’s father, Martin Rosetta, arrived home, he notified Santo Domingo Pueblo Tribal Officials of the body laying outside of Lucero’s residence.”
On April 16, 2011, Kice interviewed Eddie Garcia.
“Eddie stated that he was so intoxicated that he did not recall going to Lucero’s residence, nor did he call a fight between Lovato and Lucero,” Kice wrote.
Nelson Garcia told Kice that Lovato and Eddie Garcia picked him up from the train earlier that night and when they came back, they drove past Lucero’s house.
“Nelson stated that Lovato and Lucero had been in an argument a long time ago,” Kice wrote. “Nelson overheard Lovato say that he (Lovato) was ‘gonna get him (Lucero).”
Lovato then got out of the car and starting fighting with Lucero, Eddie Garcia told Kice.
Nelson Garcia then told Eddie Garcia that they needed to intervene and they separated the two men and Lovato got back into the truck. He then got out and started beating on Lucero again.
“Lucero was already down on the ground when Lovato was kicking him,” Kice wrote. “When Lovato returned to the vehicle, he stated, ‘I think I hit him hard; I think I killed him.’ They then ‘took off real fast,’ and Nelson was scared that they would flip the vehicle over.”
That same day, April 16, 2011, Kice went to interview Lovato at the Sandoval County Detention Center.
In that motion to suppress, Samore wrote that Eddie Garcia and Lovato began drinking in “midday.”
“(Over) the course of the next twelve hours (they) consumed a prodigious amount of alcohol,” Samore wrote. “About ten hours later, Eddie Garcia was passed out in the front passenger seat, and Mr. Lovato was driving Nelson Garcia, another drunken man who had joined Eddie and Dennis in the evening, to the Tesuque Street residence of Mr. Lucero.”
Lovato was still too drunk to consent to the interview, he wrote.
“No doubt can exist that he was in custody, and, considering the volumes of alcohol consumed, still under the influence of alcohol, and it makes no difference for purposes of this Motion, whether the consumption of alcohol was voluntary or not,” Samore wrote. “While the Defense does not contend the intoxication was involuntary, Mr. Lovato’s will was “overborne” under the circumstances.”
Lovato claimed in the interview they stopped at Lucero’s house because Nelson Garcia wanted to stop and that Nelson got out and he and Eddie waited for him in the car.
“Lovato exited the vehicle when he saw Lucero shoving Nelson,” Kice wrote. “Lovato stated that he hit Lucero twice and knocked him down, where he then kicked him. Lovato then got on top of Lucero and began punching Lucero through Lucero’s fists as he was trying to cover his face.”
He hit Lucero several times while on the ground and kicked him twice in the head after he finished punching him.
Lovato initially stated that Lucero had a knife when Lucero was fighting with Nelson; however, he did not know what happened to it when he and Lucero were fighting,” Kice wrote. There was no knife found at the crime scene; however, a folding knife was found upon search of the vehicle which was conducted on April 18, 2011.”
At the autopsy, the pathologist found that Lucero died from multiple blunt force traumas.
Indictment, plea and sentence
On May 11, 2011, a federal grand jury indicted Lovato on a single charge of second-degree murder, the charge he would eventually plead guilty to.
“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote. “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”
“Before entering the plea agreement, the United States closely reviewed the evidence and the law, and discussed this disposition with the victim’s son,” Baker wrote. “During a call with undersigned counsel, the victim’s son indicated that, although no sentence would be enough to make right what happened, he did not object to the plea. The proposed sentence of 144 months is lower than the advisory guideline sentence if Lovato pled to the indictment without an agreement, but is well above the advisory guideline sentence for a plea to Voluntary Manslaughter.”
He must serve 85 percent of his sentence, or just over 10 years.
According to the Bureau of Prisons website, he is set to be released on Sept. 27, 2021. He is currently being housed at the Yazoo City medium security prison in Yazoo City, Mississippi.
On March 29, 2010, Albuquerque Police Det. Kevin Sanchez fatally shot Mickey Owings, 26, as he fled from a Wal-Mart parking lot and after police tried to surround his car. According to police accounts, Owings drove into unoccupied police cars before Sanchez shot him.
Owings’ family sued the city after the report came out and in 2018, the case settled for $375,000, according to the Albuquerque Journal. A state district court judge initially dismissed the lawsuit, filed for a loss of consortium, but that decision was reversed by the Appeals Court and reaffirmed by the New Mexico Supreme Court.
In March 2010, a plainclothes detective shot and killed Mickey Owings after Owings’ car was boxed in by an unmarked APD vehicle in a commercial parking lot. The encounter began because officers had received information that a stolen car was located in the parking lot. Several officers positioned unmarked cars in the parking lot around the suspected stolen car. Owings then drove a different car into the parking lot and parked directly next to the stolen car. A passenger got out of Owings’ car and started to get in the stolen car, and officers drove one unmarked car directly behind Owings while the plainclothes detective approached Owings’ car on foot. Owings backed his car into the unmarked police car and another civilian’s car, and as he did so, the detective drew his gun, pointed it at Owings, and ran closer to Owings’ car. Owings then drove straight forward into two parked cars. As he did so, the detective shot Owings. Owings continued driving forward and actually pushed the two empty, parked cars in front of him out of the way. Owings then drove out of the parking lot but soon seems to have lost consciousness on a nearby road. His car slowed to a stop, and when officers got to him, he had died. Owings was not armed.
The department’s use of force policy permits officers to fire at the driver of a moving vehicle only when the car itself poses a threat of death or serious physical injury to the officer or others. (As noted below, the better policy, followed by many departments, is to prohibit officers from firing their weapons at cars altogether.) The use of force policy limits the circumstances in which officers may shoot at drivers because of the substantial risks that are involved: the officer may miss and hit an innocent civilian or fellow officer, or the driver may become incapacitated, leaving the moving car completely out of control. Owings did not pose a threat of death or serious physical injury to the officer or anyone else; he was driving straight into unoccupied, parked cars when he was shot. This damage to property, as serious as it was, did not justify taking Owings’ life. The detective who shot Owings could very easily have missed and hit one of the innocent civilians walking through the parking lot; moreover, after Owings was shot, the probability that he would injure someone with his car increased dramatically. Brosseau v.Haugen, 543 U.S. 194, 199-201 (2004) (collecting federal appellate cases on police shootings at moving cars and acknowledging that such shootings can be unreasonable); Vaughan v. Cox, 343 F.3d 1323, 1333 (11th Cir. 2003) (“[A] reasonable officer would have known that firing into the cabin of a pickup truck, traveling at approximately 80 miles per hour on Interstate 85 in the morning, would transform the risk of an accident on the highway into a virtual certainty.”). But see Scott, 550 U.S. at 382-84 (2007) (noting that a car can itself be a deadly weapon that can justify the use of deadly force).
False police narrative
Even though Owings was unarmed, and he tried to push through to unoccupied vehicles, that did not stop the Albuquerque Police Department from painting their actions as justified at the outset.
The police narrative is captured by an Albuquerque Journal story from March 30, 2010, as noted in one of the two online headlines:
“Armed Robbery Suspect Fatally Shot by Albuquerque Police”
The unbylined story has a second headline, “ALBUQUERQUE, N.M. — Shooting occurred as man fled in a vehicle from a Walmart parking lot on city’s West Side.”
The lede, or first sentence, sums up the false narrative:
“Albuquerque police fatally shot an armed robbery suspect in the parking lot of a busy Walmart on Monday after the suspect rammed police vehicles and shoppers’ cars in an effort to get away, authorities said.”
The police chief at the time, Ray Schultz, said Owings actions were “very violent.” He made no mention that the police cars he was ramming into were totally unoccupied, a lie by omission.
The Department of Justice report states that the police department’s policy at the time was that officers could only shoot at cars if “when the car itself poses a threat of death or serious physical injury to the officer or others.”
NM Political Report posted the surveillance footage from the killing. See below:
Charges: Second-degree murder and two counts of aggravated battery with a deadly weapon pleaded down to voluntary manslaughter and one count of aggravated battery
Status: Sentenced; guilty plea to charges of voluntary manslaughter and aggravated battery
Seemingly in a fit of rage over not being allowed to open a package left by the mailman but intended for the neighbors on Feb. 16, 2010, in Las Vegas, N.M., Ryan Garcia beat his grandmother, uncle and father with a metal pipe and threw his grandmother out of the house, onto concrete.
While she was on the ground, he punched and kicked her and then attacked his father with a glass bowl followed by a metal pipe.
His grandmother died shortly after being transported to the hospital.
On March 20, 2012, he pleaded guilty to voluntary manslaughter and aggravated battery of a household member, with a minimum proscribed sentence of six years and a maximum of nine.
On July 9, 2012, he was sentenced to seven years in prison.
In 2017, a prosecutor moved to have Garcia’s probation revoked and then withdrew it after his parole was revoked.
The incident
On Feb. 16, 2010, officers responded to a domestic disturbance in the 1100 block of Columbia Street in Las Vegas, New Mexico. When they arrived, they found two people on the ground in front of the house. One, grandmother Margaret Garcia, was lying in the yard while the other, uncle Robert Garcia, was lying on the porch. Both appeared to be bloodied, bruised and swollen, Las Vegas Police Department Detective Kenneth Jenkins wrote in a statement of probable cause for Ryan Garcia’s arrest.
Las Vegas, NM. Photo by Greg Gjerdingen/Flickr
Father Ralph Garcia was outside in the yard, holding a large pipe and handcuffed. Shortly thereafter, Ryan Garcia walked out of the house and he, too, was handcuffed.
“While at the scene, through brief interviews of victims and witnesses, it was discovered that Ryan was the aggressor in the disturbance,” Jenkins wrote. “It was found that Ryan was the person to inflict injury to Mr. Robert Garcia, Margaret Garcia and Ralph Garcia. Through these interviews it was discovered that Ryan was upset because he was not allowed to open a package left at the home by the mailman for the neighbors.”
Ryan Garcia filled with rage and started to punch his uncle, Robert Garcia, in the face.
“Ryan then turned to his grandmother Margaret and began punching her in the face,” Jenkins wrote. “Ryan then grabs his grandmother and throws her out the front doors. Ms. Margaret Garcia is said to fallen off of the porch head first, onto the cement.”
Ryan Garcia then grabbed his uncle and dragged him outside to the porch and started kicking and punching him.
“Ryan then turned to his grandmother Margaret and began punching and kicking her as she law on the ground,” Jenkins wrote. “At this time, Ryan’s father a Mr. Ralph Garcia arrives at the home from going to the store. It is said Ryan throws a glass bowl at him striking him in the face.”
Ryan Garcia then grabbed the metal pipe and started hitting his father with it, but his father fought back and the pair began to struggle for the makeshift weapon.
“During a struggle, Mr. Ralph Garcia is able to take the pipe away from Ryan,” Jenkins wrote. “As Officers arrived, subjects were detained and victims treated.”
Robert and Margaret Garcia were transported to the Alta Vista Regional Hospital, but Margaret Garcia died three days later at 7:53 a.m., Feb. 19.
He was initially charged with second-degree murder and two counts of aggravated battery on a household member with a deadly weapon causing great bodily harm.
In December 2010, San Miguel District Attorney Richard Flores told the Las Vegas Optic that Garcia was not competent to stand trial and was being housed in a state hospital.
In a seemingly randomly redacted autopsy report produced by the Office of the Medical Investigator, Margaret Garcia had heart disease and lung disease that “left her with little psysiologic reserve which which to survive her injuries,” Pathologist Michelle Barry and Fellow in Forensic Pathology Christopher Lochmuller wrote.
“The range of the sentence shall be a minimum of six (6) years and a maximum of nine (9) years in the court’s discretion, including whether the sentences shall run concurrent or consecutive to each other,” the plea agreement states.
Aragon, who presided over the case in District Court, signed off on the deal. The prosecutor’s signature is illegible.
The sentence
District Judge Abigail Aragon
On July 9, 2012, Aragon sentenced Ryan Garcia to seven years in prison, two years less than the maximum nine years she could have given him under the plea agreement.
She also found both of his crimes were serious violent offenses, meaning he has to serve 85 percent of his seven year sentence, just under six years.
Ryan Garcia received credit for time he had already served in jail, 848 days (2.32 years).
A woman only identified in the notes as “Ms. Garcia” told the judge that Ryan Garcia was her nephew and that he was a “very troubled young man” and that his life had not been easy.
“He needs help,” she said, according to the notes.
The judge described his pre-sentence evaluation as “very interesting.”
Parole revoked after release
According to notice of a probation violation, Ryan Garcia was paroled on May 18, 2017 and released from prison after serving his seven-year sentence. After a month at a facility called Hoffman Hall, he moved in with his mother, after being “discharged” from the program, because he could not afford the rent.
On July 7, 2017, a Bernalillo County Sheriff’s deputy arrested Garcia after a woman reported him behind her house and allegedly threatening the woman. He was arrested for concealing his identity and assault. The deputies used one of his tattoos and his ankle monitor to identify him.
Garcia also allegedly failed to contact the drug test line every weekday after his arrest. However, between his release and arrest, he only called the line three times.
