Father’s Killer Not Yet Sane, Judge Rules

A mentally ill Oxnard man who killed his father last year has not regained his sanity, a judge ruled Friday after the man told him he is no longer sick and might hurt someone if forced to remain in a crowded state hospital.

Jesus Garcia Jr., 32, will be returned to Patton State Hospital in San Bernardino County, but he can renew his claim of sanity every three months until he is released, Deputy Dist. Atty. Carol J. Nelson said.

Hospital officials may hold Garcia for the rest of his life if he does not regain his sanity, Nelson said.

Garcia was found not guilty by reason of insanity of second-degree murder in the May, 1992, fatal stabbing of Jesus Garcia Sr., who was killed while sleeping on the living room couch in the family home. No motive was ever uncovered for the slaying.

Sent to a state hospital for treatment in October, Garcia said he had regained his sanity just six months later, the earliest time allowed by law to make such a claim.

Superior Court Judge Lawrence Storch held a brief hearing on the issue Friday, relying on a written report from Patton’s director and statements in court by Garcia and his mother about his sanity.

“I feel like I’m not sick anymore,” Garcia told Storch, adding that he believes Patton is too crowded. “I would like to be locked down somewhere, locked down and away from the public. . . . I might hurt someone there, your honor. I don’t want to face another charge.”

Garcia’s mother, Maria, told Storch she fears for her life if her son is released. Speaking through a Spanish interpreter, Garcia said she is unable to control her son, and on one occasion he had beaten her.

“When he drinks, he becomes very violent, and it’s not only with me,” she said. “He was violent not only with me, but the whole family.”

Garcia has been diagnosed as a paranoid schizophrenic who needs to remain on medication. His attorney, Deputy Public Defender Douglas W. Daily, said he believes it is taking Garcia longer than most people to adjust to the hospital setting.

Daily said he agrees with the decision to return Garcia to Patton.

“It’s the best place, all things considered,” he said.

Storch allowed Garcia to answer several questions during the hearing. At times nearly inaudible, Garcia at one point told Storch he would go to Texas if released from the hospital, and another time he asked where the judge wanted him to go.

“Is there any way I can have my sanity dropped so I can go to prison?” Garcia asked, only to be told by Storch that was not possible.

Nelson told Storch she will try to find legal authority to make Garcia wait a year before he can again claim his sanity has been restored. The prosecutor said she believes it is harmful to Garcia to be removed from the hospital every few months so he can argue in court that he is sane.

“That can’t be helpful to his treatment,” Nelson said.