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BISBEE — A man charged with cutting two men during a fight at a pub in Sierra Vista earlier this year was one of the final witnesses to testify at a trial in Division 5 of Cochise County Superior Court on Thursday.
Oscar Anthony Garcia, 27, testified he drank some alcohol the night of Jan. 15. He said he was not “trashed,” but he had a “buzz.” He acknowledged the alcohol might have caused him to make bad decisions.
He and Tyler Bryan Portales Branham, 25, were at Paul’s Pub, located at 1805 Paseo San Luis. Michael Ballantyne played pool with Katie Capas Sicoli. She ordered Branham a shot of water as a joke. Garcia said Branham was not happy about it.
In the early morning hours of Jan. 16, Garcia and Branham were in a smoking area behind the pub. Ballantyne and Randy Shaffer were nearby. Garcia noticed they were staring, and he asked them something like “What is the problem?”
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At that point, Ballantyne took off his shirt, and he and Garcia began fighting. Garcia said he pulled his knife out of his pocket but did not use it and put it back.
Then, he said, Ballantyne started fighting with Branham. Shaffer tried to break up the fight and was struck by Branham.
Garcia said he entered into the fight between Ballantyne and Branham to break it up. Then, Ballantyne said, “I’m done” and Garcia began to “trash talk” him. The fight concluded.
Garcia is charged with aggravated assault for using a deadly weapon, aggravated assault for causing serious physical injury and attempted second-degree murder of Ballantyne, as well as aggravated assault causing serious physical injury and attempted second-degree murder of Shaffer.
His jury trial started Monday and is scheduled to conclude today. On Thursday, the court selected two women as alternate jurors. The 12-person jury of eight men and four women deliberated for less than an hour Thursday before going home.
Garcia testified he noticed Ballantyne was bleeding, but he said he did not know that a knife was used during the incident until later on when he spoke with Branham.
On cross-examination during questioning by deputy county attorney Marc Offenhartz, Garcia acknowledged he lied to police during their investigation when he said he did not have a knife. He also acknowledged he initially told police he had not spoken with Branham after the incident but then later admitted he had. Garcia said he lied in order his friend.
Ballantyne and Shaffer both sustained serious injuries due to the fight.
Doctors testified Tuesday that Shaffer was treated for a heart condition and also required treatment from a plastic surgeon for a cut to his face.
Dr. Albert Fiorrelo, an emergency physician at University Medical Center in Tucson, testified Thursday that Ballantyne sustained multiple lacerations to his head, neck, chest and arms. He was asked if the cuts were caused by the same cutting device. He replied he could not say if the cuts were different, but said all of the lacerations were clean.
During the prosecution’s closing statement, Offenhartz criticized Garcia for getting involved in the fight with Ballantyne and Branham. He said he could have walked away to get help. He also criticized Garcia for leaving the scene of the fight without first offering to render aid to the victims.
Defense attorney Robert Zohlmann pointed out in his closing statements that Garcia cooperated with law enforcement officials. He answered questions and allowed for a search of his vehicle. In Garcia’s pickup, police found only a small amount of blood belonging to Ballantyne, Zohlmann said. On the other hand, police found Branham’s bloody clothes in a trash container at an abandoned diner in Sierra Vista.
On Monday, Ballantyne testified Garcia had injured him, but that most of his injuries were caused by Branham. On Tuesday, Shaffer testified he was cut by Garcia.
Zohlmann pointed out Shaffer initially said someone cut him and then later decided it had to be Garcia. Zohlmann said Shaffer is mistaken. He also pointed out an inconsistent statement from Ballantyne, who initially told police a Hispanic man cut him on his “back,” but during testimony in court said Garcia cut his “chest.”
Offenhartz said Garcia’s testimony can’t be trusted because he was convicted of two felonies. He pointed out the victims do not have felonies on their records and therefore they are more credible.
Branham was subpoenaed and appeared in court Thursday. He was asked if he would testify regarding the incident that took place at the pub. On advice from his attorney, he invoked his Fifth Amendment right to not answer questions because he could incriminate himself.
Branham is charged with aggravated assault for causing serious physical injury, aggravated assault for using a deadly weapon, and attempted second-degree murder of Ballantyne.
Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.
def wrote on Aug 24, 2008 6:33 PM: