Man who attacked Olmsted County deputy in runaway pursuit misses court appearance, pr

Man who attacked Olmsted County deputy in runaway pursuit misses court appearance, presumably on the run

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Posted: Sep 16, 2015 7:24 PM CDTBy Ali Killam, Reporter

ROCHESTER, Minn. (KTTC) -Suspects in the attack on an Olmsted County deputy late in the night about two weeks ago are starting to appear in court, but one of them did not show up today, putting investigators on alert.

Maria Davila-Garcia and Gloria Garcia-Garza are accused of helping attack the deputy in that incident. Their next appearances in court will be for plea hearings.

The man accused of starting the events leading up to the attack is Fernando Garcia-Davila, who has since posted bail, but has been detained by the Immigration and Customs Enforcement.

Earlier this month deputies say they had to chase after Fernando when he ran away from a traffic stop. We're told when the deputy caught up to him, three women jumped in and tried to fight the deputy off.
Officials say another man, Angel Garcia-Davila, also got involved, putting the deputy in a choke hold.
Angel had also posted bond, and then did not show up in court Wednesday, setting investigators off on a search for the alleged attacker. Two weeks ago, Sheriff Kevin Torgerson had voiced his concerns over the low bond limit set for Angel and feared that this could happen.
Angel is presumably on the run, after not showing up to his court appearance. His bail was set at $1,000--an amount Sheriff Torgerson says is simply too low. He himself says he is disappointed in the low maximum, especially after a gang-like assault on an officer translates to an assault on the community's safety.

The fact Angel wasn't in court this morning, is not surprising to the sheriff.
"For them not to be here and and be in court at this point in time for first arraignment or first hearing after initial charging, really disappointing," Torgerson says. "And predictable, you know, you can sit back and say this is predictable and it really goes back to what can be done to prevent that from happening and that is, put a higher bail on it."
In addition to riot and disorderly conduct charges, Angel faces a charge of 4th degree assault on a police officer--a low level offense in Minnesota Sentencing Guidelines.

"So depending on a person's criminal history, normally you would be looking at a probationary sentence and not a presumptive commit to prison like a first degree assault would be," says Jim Martinson, Chief Deputy of Olmsted County Attorney's Office.

Meaning if convicted, Angel could only be seeing a probation sentence. "That does not minimize the behavior, but Minnesota Guidelines state and that dictates the sentence, more than the interest of who the victim is in this case," Martinson says.

It's perhaps a reality that could use a second look in the eyes of those protecting us.

"The one thing that we and the justice system have control of is the amount of bail that people get put on them and in this case, it was just wrong--simple as that," says Torgerson.

The nationally applicable warrant for his arrest has been filed and should be ready by Thursday for investigators to pursue a search.
http://www.kttc.com/story/30049787/2...bly-on-the-run

Probably already back in the country.

Man charged with assault of sheriff's deputy deported to Mexico

Posted: Sep 17, 2015 10:29 PM CDTBy Ali Killam, Reporter

http://kttc.images.worldnow.com/images/8823454_G.jpg

• Man who attacked Olmsted County deputy in runaway pursuit misses court appearance, presumably on the run

ROCHESTER, Minn. (KTTC) -A suspect thought to be on the run from police is actually out of the country. The man accused of putting a sheriff's deputy in a chokehold two weeks ago, didn't show up for a court appearance Wednesday. Officials assumed Angel Garcia Davila was on the lam. Instead he's been deported.

Gloria Garcia Garza is the niece of Angel Garcia Davila, who is the man thought to be on the run Wednesday. In reality, he's been deported to an unknown location in Mexico after he posted bail at the Olmsted County Adult Detention Center.

"Immigration was already waiting for him at the door," said Gloria. "So he just got deported like two days ago."

It's a fact the Sheriff's Office and County Attorney appeared to miss, after Angel failed to appear in court for a charge of assaulting a police officer. Angel allegedly put a deputy in a chokehold while the officer was chasing his brother, Fernando, who also happens to be Gloria's father.

"I honestly don't know the reason that either one of them were subject to deportation," said Olmsted County Attorney Mark Ostrem.

Fernando had been pulled over on a traffic stop and has a criminal drug history. He's now being held at the Sherburne County Immigrations and Customs facility, but is set to return to Olmsted County to face charges next week. As for Angel, he may never return.

"If he ever does come back, and he comes to our attention, he will be arrested on a warrant and he will be brought back here," said Ostrem.

"My aunt you know she's going all crazy because they're saying all of this about my uncle when he had never really got in trouble," said Gloria of Angel. "He's like a good worker man."

Gloria was also arrested for her involvement in the attack of the deputy, as was her grandmother Maria Davila-Garcia and another relative.

"None of that is true what they're saying," Gloria said of the incident report. "I didn't touch him (the deputy) at all."

Gloria did not see if and when Angel assaulted the deputy, but the sheriff's office has taken the situation very seriously. Gloria defends her family.

"All we did was tell him, 'stop, stop' because he was choking my dad," she said.

Gloria and her grandmother will be back for plea hearings in November.

As for Angel's deportation, Sheriff Kevin Torgerson tells us ICE is not required to let local law enforcement know if they have a former detainee. He says once a person is out of their custody, what happens next is out of their control.
http://www.kttc.com/story/30060053/2...rted-to-mexico