Magistrate sends case to Grand Court
The air-conditioning repairman who pleaded guilty to gross indecency with a child is scheduled to be sentenced in Grand Court on Wednesday, Dec. 16.
Mitchell Anderson Garcia, 25, also pleaded guilty to taking indecent photos of the girl, who was five years old.
The offenses occurred on Sept. 10 when Garcia was working in the child’s home.
After he entered his guilty pleas in Summary Court earlier this month, Crown counsel Eleanor Fargin asked Magistrate Angelyn Hernandez to send the case to Grand Court for sentencing.
Defense attorney Lee Halliday-Davis initially objected on behalf of her client, but subsequently withdrew her objection.
On Nov. 16, the magistrate said she wanted all sentencing options to be available and was therefore committing the matter to the Grand Court. She explained that the Summary Court has sentencing power to a maximum of four years on the indecent images charge, while the Grand Court would have 15 years maximum; as this was the second such case on the island, she wanted all sentencing options to be available.
Garcia appeared before Justice Charles Quin on Friday. Ms. Fargin advised that a social inquiry report and victim impact statement had already been requested.
The judge continued Garcia’s remand in custody and urged him to cooperate with the officer who prepares his report.
On Nov. 16, the magistrate said she wanted all sentencing options to be available and was therefore committing the matter to the Grand Court.