Disturbed Migrant In Slaying Case Set For Release

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By TODD LESKANIC

The Tampa Tribune

Published: September 10, 2008

DADE CITY - A schizophrenic migrant worker thought to be responsible for a 1999 slaying may be released soon from the Florida State Hospital.

He also could be deported.

Enrique Guzan Garcia has lived at the Florida State Hospital since 2004, when a judge found him not guilty by reason of insanity of first-degree murder. Garcia, 36, was charged in the stabbing death of Ricardo Lopez. Lopez was stabbed 31 times and left for dead behind a building on Lock Street.

In July 2007, hospital officials determined that Garcia no longer met the criteria for involuntary hospitalization. Tuesday, his attorney, Assistant Public Defender Violet Assaid, asked Circuit Judge Pat Siracusa to release Garcia to a treatment facility in Tarpon Springs.

Assaid said Garcia would receive medication, treatment and substance abuse counseling at the ACTS Rehabilitation and Treatment Center. The center, although unsecured, is monitored by a 24-hour nursing staff, she said.

Sheila Schmitt, a psychologist with the state hospital, testified that Garcia is ready for a less restrictive facility. Schmitt said Garcia has had no disciplinary issues in his time at the hospital and has taken his medication faithfully. She said his symptoms, which included auditory and visual hallucinations, are in remission.

Assistant State Attorney Manny Garcia, who is not related to the defendant, argued against the conditional release, saying that Enrique Garcia still suffers from some delusions. In her testimony, Schmitt said Enrique Garcia has told her that he communicates telepathically with his mother in Mexico.

The argument about Garcia's future living status could be moot if officials with U.S. Immigration and Customs Enforcement decide to deport him.

Although immigration officials have yet to place a hold on Garcia, one could be in the works. If that happened, he would be held in a federal facility while deportation proceedings commenced.

Assaid said Mexican authorities have assured her that Garcia would be housed in a mental health facility and treated if he were returned home.

Garcia has told his therapists and investigators that he stabbed Lopez. He has told therapists he was hearing voices and drinking alcohol the night of the killing. The stabbing arose out of an argument over a woman, according to court documents.

Siracusa is expected to make a decision Monday.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

http://www2.tbo.com/content/2008/sep/10 ... ews-pasco/