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JUDGE DENIES GARCIA'S REQUEST COP-KILL SUSPECT SOUGHT TO HAVE CHARGE DROPPED.


Byline: Jason Kandel Staff Writer

A Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Superior Court judge denied a motion by cop-killing defendant David Garcia David Garcia (b. ? - died August 28, 2007) was a broadcast journalist for ABC News. Gracia had the distinction of becoming one of the first Hispanic news correspondents for a major American television network in the early 1970s.  to drop a charge of attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill.  of Burbank Officer Greg Campbell.

Judge Janice C. Croft denied the motion at a pretrial pre·tri·al  
n.
A proceeding held before an official trial, especially to clarify points of law and facts.

adj.
1. Of or relating to a pretrial.

2.
 hearing for Garcia, 19, who faces capital murder charges in the November 2003 gunbattle that killed rookie Burbank Officer Matthew Pavelka and reputed gangster Ramon Aranda, and left Campbell partially paralyzed par·a·lyze  
tr.v. par·a·lyzed, par·a·lyz·ing, par·a·lyz·es
1. To affect with paralysis; cause to be paralytic.

2. To make unable to move or act: paralyzed by fear.
.

``Just because we lost today, doesn't mean the issue goes away,'' said Garcia's Van Nuys attorney, Seymour Amster. ``It could be raised again at jury trial.''

Garcia, a purported member of the Vineland Boys gang, is charged with murder, attempted murder, weapons and drug charges.

Amster said it was fellow Vineland Boys gang member Aranda, 25, who shot Campbell. Amster said prosecutors failed to show Garcia was liable for the attempted murder.

``Aranda is the one solely responsible for the assault on Officer Campbell, and it his soul that must bear the burden of the harm done to this officer,'' Amster wrote in court documents.

Prosecutors alleged Garcia and Aranda both were responsible.

``They were involved in the business of selling narcotics narcotics n. 1) techinically, drugs which dull the senses. 2) a popular generic term for drugs which cannot be legally possessed, sold, or transported except for medicinal uses for which a physician or dentist's prescription is required. ,'' said Deputy District Attorney Kerri Modder after Wednesday's hearing. ``They were engaged in a criminal enterprise. They were both equally prepared to resist arrest or resist anybody interfering with their business.''

Garcia remains in custody without bail. He has also been named, along with 42 other purported Vineland Boys, in a 56-count federal Racketeer Influenced Corrupt Organizations Racketeer Influenced Corrupt Organization (RICO) statute n. a federal law which makes it a crime for organized criminal conspiracies to operate legitimate businesses.  indictment.

Pavelka, 26, was a Santa Clarita resident with only 10 months on the force when he was killed. Campbell, 42, also of Santa Clarita, was promoted to detective and has since returned to limited work because of his partial paralysis.

Jason Kandel, (818) 546-3306

jason.kandel(at)dailynews.com
COPYRIGHT 2005 Daily News
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Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Aug 25, 2005
Words:301
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