Ex-Judge Given Jail Term in Fatal Crash

A former Compton Municipal Court judge convicted in a drunk driving accident that left his female companion dead was sentenced Tuesday to a year in county jail.

Defense attorneys had argued for a unique sentence--one without jail time--for Albert Garcia, 46. Garcia surrendered to police four hours after leaving the scene of the Feb. 21 crash in Eagle Rock in which Josie Smith, a 35-year-old mother of three, was killed.

Garcia, who under state law could have received a sentence ranging from probation to five years in prison, spoke in a trembling voice to Smith’s family, bringing some in the Downtown courtroom to tears.

“I ask for forgiveness from Josie’s family,” Garcia said. “I beg their forgiveness, but even as I ask for it, I ask for too much. I ask for something that may be humanly impossible to give.”

Superior Court Judge Albert Matthews noted that Garcia has no prior convictions, “has lived up to this point an exemplary life--been a role model for those who live in the barrios and ghettos of Los Angeles . . . has already suffered the loss of a loved one and the loss of his own judicial position.”

Garcia, appointed to his judgeship seven years ago, pleaded no contest to drunk driving, hit-and-run and vehicular manslaughter charges July 6 and resigned from his judgeship that day. His attorneys, many colleagues and even some members of Smith’s family asked Matthews not to sentence Garcia to jail, in light of his remorse and years of community service.

“He’s suffered internally, and will suffer for the rest of his life,” said Armando Montes, Smith’s brother, who urged the judge not to “treat him (Garcia) like a criminal, but like a human being who had a tragic flaw.”

Although Garcia remains married, he had hoped to spend the rest of his life with Smith, his attorneys said.

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But some members of Smith’s family thought Garcia got off easy. “The guy left her there with her body exposed . . . ,” said Angie Montes, Smith’s sister, “and he gets just one year jail time?”

“He should get the max,” said Smith’s 13-year-old son, Gus Pelez, who said he thought Garcia was treated lightly because he had been a judge. “He’s a criminal. He broke the law, and he knew the law.”

Defense attorneys had argued that Garcia was in shock when he wandered into traffic after his Mercedes-Benz crashed after getting off the Ventura Freeway. Smith’s body was hurled onto Colorado Boulevard in the crash.

Garcia refused to comment on his sentence.

Garcia was also given a three-year suspended sentence and three years probation. He will avoid state prison if he complies with the terms of his probation, which requires him to remain in alcohol counseling for three years. In addition, he must pay $7,000 in reparations to Smith’s children.

Garcia will not enter jail until Oct. 4, while his attorneys attempt to make sure he will be safe in county detention. “If any inmates find out who he is, he’s dead,” said attorney Robin J. Yanes. Garcia was released on his own recognizance.

Although Garcia’s attorneys argued that he already is suffering for what he did, Deputy Dist. Atty. Michael Latin told the judge that “we all expect that justice will be fairly administered without regard to people’s position in society.”

“Who better knows the dangers of driving under the influence than someone who has heard dozens of these cases and seen the sort of destruction it causes?” asked Latin, who later said he was satisfied with the sentence.

Many of Garcia’s colleagues, including several prosecutors and judges, gave brief statements lauding Garcia’s professional and personal conduct. The East Los Angeles native was raised by a single mother and worked his way through college and law school, witnesses attested.

But Garcia made it clear Tuesday that he knew his judicial career was over.

“I’ve been addressed (today) as Judge Garcia, but I’m not a judge,” Garcia said in court. “I don’t have the right to be referred to as a judge anymore.”