Though more than six years have passed since the 26-year-old son of a Los Angeles Police Department detective was killed, Garcia has yet to stand trial for the alleged killing.
Garcia was indicted in April 2004 on one count each of murder, attempted murder, possession of a controlled substance for transportation and five counts for weapons violations.
The trial has officially been postponed by scheduling conflicts, medical issues and, now, the latest allegations of misconduct and excessive use of force at the Burbank Police Department, potentially tainting the witness pool for the prosecution.
Despite the ongoing FBI investigation, prosecutors say they are ready to move ahead with the trial.
“The case will move forward; we just don’t know how this investigation will impact the evidence we present,” said Los Angeles County Deputy Dist. Atty. Keri Modder, who is prosecuting the case. “The only idea I have of who is being investigated is what I read in the paper.”
‘His hand was out of my view’
Officer Gregory Campbell was patrolling the Ramada Inn on San Fernando Boulevard on the night of Nov. 15, 2003, and noticed two men in a black Cadillac Escalade with no plates. The windows were down and the smell of “burnt marijuana” was coming from inside the SUV, according to Los Angeles County Superior Court records.
Campbell contacted the driver, Ramon Aranda, and his passenger, Garcia. After he radioed for backup, Campbell returned and spoke with Aranda through the window.
Pavelka arrived and stood by the passenger-side window as Campbell asked Aranda to step outside.
“As he got to the ground, I noticed that his hand was out of my view, as if he was trying to pull something out of the front side, which made me think possibly he had a gun,” Campbell later testified.