Making waves in your neighborhood
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Vista man accused of ordering gun attack
August 01, 2008
Reporter
VISTA — An 18-year-old Vista resident pleaded not guilty July 24 to charges relating to the assault of and theft of items from an acquaintance.

Jon Michael Garcia is charged with criminal threats, assault with a deadly weapon and possession of stolen property and a deadly weapon stemming from a May 30 incident at the Icebox Deli in the 2200 block of Oakridge Way in Vista.

If convicted, Garcia faces up to more than six years in prison, Deputy District Attorney Nicole Roth said in an e-mail.

According to testimony, Garcia didn’t physically assault Eric Munoz, however, Roth said he is charged with the felony under vicarious liability theory, which holds one person responsible for the actions of another.

Munoz, 19, testified that as he got out of his car in the parking lot of the deli he heard “shoot him, shoot him” repeatedly and then a man emerged from Garcia’s vehicle pointing a black handgun at his head.

“I panicked, so I ran,” testified Munoz.

Another man followed him as he ran into the restaurant for help, but then fled the scene without entering the business, according to Munoz.

Detective Michael Silva testified officers found several cell phones, iPods — including Munoz’s — and a knife when Garcia’s car was searched several weeks later.

Garcia became disgruntled, Munoz said, after he had posted comments on MySpace about the defendant’s relationship with his girlfriend.

Attorney William Christoph alluded that prior to the incident at the deli, Munoz had made threats toward his client in songs posted on the victim’s MySpace page and by flashing a gun at Garcia.

In his testimony, Munoz denied ever threatening Garcia in his music or with a weapon.

Following the hearing, Garcia denied a request to comment about the charges against him.

Garcia, who’s free on bond, was ordered back to court Nov. 4 for trial.
Contact Reporter Randy Kalp via e-mail at rkalp@coastnewsgroup.com.