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Archive for Wednesday, October 16, 1996

JUDGE DENIES NEW TRIAL IN SHOOTING

October 16, 1996

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A Lawrence man convicted last month of attempted voluntary manslaughter and criminal possession of a firearm was denied a new trial this week.

After a lengthy hearing Monday, Douglas County District Judge Michael Malone ruled that jurors were cognizant and not asleep during the trial of William Franco Garcia, 18. Malone also ruled that Garcia's defense attorney, Randy McGrath, did not confuse Garcia's case with another client's case.

Garcia was found guilty of shooting at another man and hitting him in the leg during a party in March.

He could face more than six years in prison.

During his trial, Garcia testified that he did not have a gun that night. The testimony contradicted McGrath's opening statement, during which McGrath alleged Garcia fired a gun into the air.

Garcia said McGrath was confused, a charge McGrath denied.

"I really do think he got my case mixed up with someone else's," Garcia wrote in a letter to Malone dated Aug. 22, asking for a different attorney.

Garcia is scheduled to be sentenced Oct. 23.

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