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The second week of testimony in the case against former Pima County Sergeant Ricardo Garcia has revealed more evidence that Sheriff Chris Nanos made a decision to continue investigating an alleged assault involving its own deputies.
Garcia faces two counts of sexual assault of a female deputy at his School Resource Officer unit Christmas party in December 2022.
Tuesday’s testimony echoed previously heard witnesses that many along the chain of command thought the incident should have been handed off to another law enforcement agency, but that they compiled with orders to keep investigating.
Throughout the last two weeks of proceedings, the fact that the investigation was kept within the department has been frequently revisited in questioning from both sides.
The prosecution has made a case that having to come forward and reveal intimate details to her colleagues was one of the reasons the victim initially denied something happened.
“I kept those details to myself for the shame and embarrassment,” she said.
Garcia was the victim’s direct supervisor, and she told the jury last week that his proximity to the sheriff made her fear for her career.
On the other side, the defense has argued conflict of interest concerns are reason to doubt the validity of the investigation’s findings. In Monday’s testimony, the defense highlighted a temporary misplacement of the victim’s shirt in a mislabeled evidence bag, and on Tuesday, questioned whether the officers who conducted the initial interviews may have asked leading questions about an event the victim has testified she does not remember, due to intoxication.
Several responding officers initially voiced those conflict of interest concerns either the night of the party or in the following days.
“I think it would have been maybe more transparent, there wouldn’t be any speculation of favoritism shown towards one party or the other,” said Sergeant Jonathan Cyrus, one of the officers who interviewed the victim and others involved.
Sergeant Ryan Hilborn said he told his supervisor he was concerned because he was gym partners with one of the victim’s ex-boyfriends, and had socialized with her. However, he also received orders that he was still the lead investigator and proceeded.
Captain Luis Cornidez testified those orders came down the chain of command from Nanos.
Last week, testimony from the victim and a Sergeant who trained Garcia, described a close relationship between the defendant and Nanos, including accounts of phone calls Garcia took on his personal phone.
The victim used the term “best friends,” and also said Garcia was telling everyone at the party he expected a promotion to Lieutenant within the next year because of his relationship with Nanos.
Cornidez also said Garcia was the president of the The Pima County Deputy Sheriff's Association at the time of the party, and that Garcia had helped campaign for Nanos in 2020.
PCDSA also endorsed Nanos for the 2024 election in April of this year.
Before trial began, the defense counsel submitted a motion to dismiss on similar grounds that the investigation was mishandled, focusing especially on Cornidez’ orders to those at the party that they were prohibited from speaking to a private investigator hired by Garcia. The defense claimed this was a violation of his due process, but that motion was unsuccessful as trial proceeded as scheduled.
At the end of the day Monday, defense counsel tried again to dismiss the case with a Rule 20 motion, on the basis that no witnesses had actually seen intercourse taking place, and that the testimony from the victim that Garcia had called her and told her it had happened was “subjective.”
Judge Alan Goodwin denied the motion, saying the jury had heard substantial evidence that sex happened, and specifically mentioned Garcia’s phone call to the victim in the morning, her pain the next day, and Deputy Christopher Aquino describing her intoxication level as “dead weight.”
The last expert witness for the defense is unavailable until Thursday morning and there will be no trial held on Wednesday, Dec. 11. Proceedings will resume on Thursday, Dec. 12, when it is likely to be handed off to the jury.
Catch Up on Last Week’s Trial Coverage, and Further Context
Read more about the first day of witnesses here, the second day of witnesses here, and the third day of witnesses here.
Garcia’s case sparked an Attorney General’s investigation into the Pima County Sheriff’s Department earlier this year, which found Sheriff Nanos potentially violated four areas of internal policy in his handling of the case.
Read more about the Attorney General’s findings here.
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