Woman Accused of First-Degree Murder Granted Confidential Access to Evidence, Judge Denies Request to Exclude Police Officers

By | January 18, 2024

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Accident – death – Obituary News : **Defense Granted Confidential Viewing of Evidence in Murder Case**

**Greeley, UK -** In a recent ruling, Judge Allison Esser granted the defense attorneys for Mary Garcia, a woman accused of first-degree murder and other felonies, the opportunity to privately view evidence in the case. However, the judge denied the request to exclude any police officers involved in the case from participating in the evidence viewing process.

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During the hearing, Judge Esser clarified that while the defense and their investigator would not physically handle the evidence, a sworn officer or evidence technician would be responsible for opening the evidence. If a sworn officer opens the evidence, they would then leave the room while the defense examines it. The judge emphasized that the identity of the officer involved is of no concern.

Mary Garcia’s case stems from a tragic incident that occurred in November 2022. She is suspected of fatally shooting 21-year-old Herminia Marquez in the 1100 block of 24th Street Lane in Greeley. Following this incident, Garcia was involved in a series of criminal activities, including a robbery at Big 5 Sporting Goods on December 26, where she and two other women allegedly stole nearly $600 worth of merchandise.

During the robbery, Garcia pointed a handgun at an employee and threatened to shoot her. The employee managed to take pictures of Garcia and her accomplices as they fled the scene. Later that evening, the police located the vehicle near 14th Avenue and 2nd Street. Garcia’s sister, who was driving the vehicle, complied with the officers, but Garcia herself fled after grabbing the keys off the ground.

Garcia’s criminal activities continued into the new year. On January 1, 2023, she was identified as one of the suspects in a home-invasion robbery where she was armed with a handgun. Two days later, Garcia attempted to rip a victim’s purse away during a robbery in Johnstown. When a gunshot was fired, she fled the scene. Another robbery involving Garcia occurred on January 11 at Jassi’s Discount Liquor in Greeley, where she threatened a witness with a handgun before escaping in a black SUV.

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After an extended pursuit, the police finally apprehended Garcia on January 13 in the area of 34th Street and Burlington Avenue in Evans. She attempted to elude the police for about 6 miles before abandoning the vehicle and fleeing on foot. The police captured her and took her into custody at 25th Street and 11th Avenue.

During the recent hearing, the defense focused on the issue of who would handle the evidence found in the abandoned vehicle. Deputy State Public Defender Travis Weiner argued that even if the officer handling the evidence does not intend to share any information pertaining to the case, human nature often leads to casual conversations about what they have seen. Weiner maintained that it is essential to maintain a balance and ensure that the defense has the same rights as the prosecution to view the evidence.

Weiner cited several relevant cases from as far back as 1973 to support his argument, suggesting that an unrelated Greeley police officer should be responsible for handling the evidence. However, Assistant City Attorney Shaun Reinhart contested Weiner’s claims, stating that none of the cases he referenced bear any relevance to Garcia’s case.

With the defense now granted the opportunity to privately view the evidence, this development marks another step in the ongoing legal process surrounding Mary Garcia’s alleged crimes. The court proceedings will continue as both sides further examine the evidence and present their respective arguments..