Homeless Man Guilty in Death of Girlfriend

A 55-year-old homeless man was found guilty of second-degree murder Monday for strangling his girlfriend 2 1/2 years ago during an argument in downtown Ventura.

Jose Garcia showed no reaction as the verdict was read in Ventura County Superior Court. A transient with a long history of violence against women, he faces 15 years to life in prison when sentenced next month.

Prosecutors had pushed for a first-degree murder conviction, arguing that Garcia deliberately choked fellow transient Marsha Lane to death Feb. 17, 1997, after the pair fought on the steps of an elementary school.

But the jury rejected that theory.

After four days of deliberations, the panel returned to court late Monday afternoon and found Garcia not guilty of first-degree murder, but guilty of second-degree murder. The difference centers on premeditation.

Garcia would have faced 25 years to life in prison if convicted of the more serious charge. Instead, he could be eligible for parole after 11 years.

Outside the courtroom after the jury was excused, Deputy Public Defender Christina Briles said her client was disappointed with the verdict and still maintains his innocence.

“There was some disbelief there,” Briles said. “He is maintaining that he is not guilty of the offense, so any verdict other than not guilty is not good.”

Although he had fought for a first-degree conviction, Deputy Dist. Atty. Ron Bamieh said he was comfortable with the jury’s decision. He also vowed to oppose any attempts by the state to ever release Garcia on parole.

“Nobody is going to let this man out,” Bamieh said. “I’ll write a letter after sentencing and I will forward that to the parole board.”

During the last 30 years, Bamieh said, Garcia has gotten away with numerous acts of violence against women, mostly former girlfriends.

Several women testified at Garcia’s trial, describing incidents in which they said Garcia choked and threatened to kill them. One woman told the jury that the defendant beat her while she was pregnant.

Briles said her client used to work in construction, but ended up on the streets because of a drug addiction. In closing arguments of the trial, she told jurors that despite Garcia’s history of domestic violence, there was no direct evidence to prove he strangled 41-year-old Lane.

Her body was found the morning of Feb. 18, 1997, in a hallway of Lincoln School. She had been strangled and had bruises on her body, possibly from a struggle. Lane also had a blood-alcohol level twice the legal limit allowed for driving.

Authorities say the two often camped for the night in downtown Ventura.

Briles argued that Lane may have gotten into a fight with another transient. She told the jury that life in the streets is particularly dangerous for women.

As for her client, Briles said Garcia walked away from an argument with Lane that night, and was cooperative with authorities investigating her death. She also argued that the prosecution failed to prove its case beyond a reasonable doubt--the legal standard necessary to convict Garcia of murder.

But Bamieh told the jury that evidence presented during the weeklong trial clearly showed Garcia was the killer. Garcia told police he was with Lane at the school the night of the slaying. He admitted that they fought.

Finally, Bamieh argued that Garcia’s history of choking girlfriends shows a pattern of behavior that is highly incriminating, considering how Lane died.

Garcia is scheduled to be sentenced Oct. 13.