In a video released last month, Las Cruces Police Chief Jeremy Story, provided our broader community with details of many recent alleged criminal activities attributed to Mr. Garcia.
Source: FBI – Albuquerque (via Facebook)
Images: Courtesy
In a video statement released on the Las Cruces Police, U.S. Attorney for the District of New Mexico and FBI-Albuquerque Facebook pages, top law enforcement officials from each agency made a statement regarding the recent arrest of Las Cruces resident and repeat offender, Neal Garcia.
In a video released last month, Las Cruces Police Chief Jeremy Story, provided our broader community with details of many recent alleged criminal activities attributed to Mr. Garcia. The acting U.S. Attorney for the District of New Mexico, Ry Ellison, reportedly contacted Chief Story to offer federal assistance.
Watch the video announcement of the Federal assistance rendered, here:
Statement: Las Cruces Police Chief, Jeremy Story
On October 28th, we posted a video about repeat offender Neal Garcia who has been arrested more than 70 times in the past three years. Many of his cases have been dismissed because he was found incompetent. This is an update on Mr. Garcia and a prime example of what can be accomplished when law enforcement at all levels works together to protect our community.
I am Las Cruces Police Chief Jeremy Story, and I am joined by Ry Ellison, the U.S. Attorney for the District of New Mexico and FBI Special Agent in Charge, Justin Garris.
The day we released that video, the U.S. Attorney contacted me and committed to working together to try and hold this dangerous criminal accountable. I want to note that the local district attorney’s office tried everything under New Mexico law to keep Mr. Garcia off the streets and from continuing to victimize Las Crucens. They tried an AOT [Assisted Outpatient Treatment], a “dangerousness hearing” and even petition for civil commitment, but all those efforts were unsuccessful in New Mexico District Court.
Now, we’re announcing an update and this partnership with the FBI and the U.S. Attorney’s office. Here is the U.S. Attorney for the District of New Mexico, Ry Ellison.
STATEMENT: Acting U.S. Attorney for the District of New Mexico, Ry ellison
Today, Neal Garcia is in federal custody facing Hobbs Act robber charges involving threats of violence and interference with commerce. If convicted, he faces up to 20 years in federal prison and will remain in federal custody pending trial. And please note, when someone is convicted in federal court, they serve at least 85% of their sentence in a federal facility.
To every law enforcement agency and prosecutor across New Mexico: The U.S. Attorney’s Office is open for business. If you have violent, repeat offenders who continue to victimize your communities, contact our office or the FBI.
We are actively working to identify and federally charge the most violent criminals across the state. When state options have been exhausted and federal law applies, we will prosecute.
For however long I serve as New Mexico’s U.S. Attorney, I’m committed to using federal law to hold violent offenders accountable and to protect New Mexicans.
Statement: FBI Special Agent in Charge (Albuquerque division), Justin A. Garris
My name is Justin Garris. I am the Special Agent in Charge of the Albuquerque Division of the FBI which covers all of New Mexico. When local and federal law enforcement come together, we can hold criminals accountable and protect the innocent more effectively.
Every case we work on, every operation we plan, is rooted in our commitment to serve the people of New Mexico. This case shows what happens when we work together to protect you.
What is the Hobbs Act, and Why is it Hard to Apply to those Adjudicated as Incompetent?
According to the United States Congress:
The Hobbs Act proscribes obstructing commerce by means of robbery or extortion or attempting or conspiring to do so. The Act applies to individuals and legal entities alike. It permits prosecutions, although the impact on commerce may be minimal. It condemns the robbery—knowingly taking the property of another by force or threat—of drug dealers, mom-and-pop markets, and multinational corporations.
Although the statute has no explicit statement of mind (mens rea) requirement, a Hobbs Act robbery conviction likely requires evidence that the defendant committed robbery “knowingly.”
A defendant who has been adjudicated to be incompetent creates a very high evidentiary bar to demonstrate the robbery was committed “knowingly”.
Removing “offender” Neal Garcia from state district court jurisdiction only to prosecute him in federal court does not change the requirements necessary for him to be considered “incompetent”. The threshold for competence to stand trial is not different between federal and state courts because “both must use the same minimum federal standard, established by the Supreme Court in Dusky v. United States.” (Wikipedia)
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