Portales, NM: Ninth Judicial District Attorney Matthew Chandler announced that Derek Garcia, age 27, was convicted by a Portales jury for two counts of Criminal Sexual Contact of a Minor under the Age of 13, second degree felonies. Garcia was sentenced by the Court to serve 12-years in prison for his crimes.
The case stems from February 12, 2009, when an eight-year old child reported to a school social worker that she had been touched inappropriately by Derek Garcia, a family acquaintance. A thorough investigation conducted by the Portales Police Department revealed sufficient evidence of the crimes and a warrant for Garcia’s arrest was issued.
The jury deliberated less than one-half hour before coming back with guilty verdicts. Immediately following the verdict announcement, the Court sentenced the defendant to serve 12-years in the Department of Corrections. Additionally, the Court found these crimes are considered serious violent offenses and Garcia must serve 85% of his total sentence before being considered for parole. Following his incarceration, Garcia also faces five to twenty years of an intensively supervised probation period and will be required to register as a sex offender for the rest of his life.
District Judge Drew Tatum presided over the proceedings and Deputy District Attorney Donna Mowrer prosecuted the case for the State.