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BISBEE — A jury found a man not guilty of seriously cutting two men during a Jan. 16 fight at Paul’s Pub in Sierra Vista at the conclusion of a trial in Division 5 of Cochise County Superior Court on Friday.
Oscar Anthony Garcia, 27, was charged with aggravated assault for using a deadly weapon, aggravated assault for causing serious physical injury and attempted second-degree murder of Michael Ballantyne. He also was charged with aggravated assault for causing serious physical injury and attempted second-degree murder of Randy Shaffer.
His trial started Monday. Testimony concluded Thursday, and the jury of eight men and four women began to deliberate that afternoon and then concluded deliberating Friday morning. After a total of about two hours of deliberations, jurors returned verdicts of not guilty for each count.
During an interview after the trial, a member of the jury who declined to give his name said the prosecution did not present a “clear cut” case against Garcia. He said there were “too many holes” in the case and there was “reasonable doubt.”
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“We couldn’t with a clear conscience render a guilty verdict,” he said.
Throughout the trial, the defense argued that co-defendant Tyler Bryan Portales Branham, 25, was the only person who injured the victims. 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. His case is pending.
Marc Offenhartz, a deputy county attorney, did not respond to a phone message seeking comment on the outcome of Garcia’s trial Friday. Defense attorney Robert Zohlmann did not make any comments outside the courthouse.
According to testimony, Ballantyne played pool with Katie Capas Sicoli at the pub on the night of Jan. 15. At one point, she ordered Branham a shot of water as a joke, but it made him angry.
In the early morning of Jan. 16, Branham and Garcia were in the smoking area behind the pub, according to testimony. Garcia noticed Ballantyne and Shaffer were staring. He asked them something like “What is the problem?”
Ballantyne took off his shirt and he and Garcia began fighting. Garcia testified Thursday that he took out a knife but did not use it. Branham also was involved in the fight. Ballantyne sustained several cuts to his torso and head. Shaffer tried to break up the fight and sustained a cut to his face, according to testimony.
On Tuesday, Shaffer testified he was cut by Garcia. On Monday, Ballantyne testified Garcia cut him, but Branham caused most of his injuries.
During the defense’s closing argument Thursday, Zohlmann said Shaffer was mistaken regarding who cut him. He also pointed out Ballantyne made inconsistent statements about where he was cut by Garcia.
Also on Thursday, John Popiel, a private investigator retained by the defense, testified that he interviewed Nathan Ferriera, who had spoken with Garcia and Branham soon after the fight. Popiel said Ferriera told him Branham admitted to cutting Shaffer in the face.
The prosecution argued that Garcia’s testimony was not credible because he was convicted of two felonies. During his closing argument, Offenhartz pointed out Garcia lied to police during the investigation when he said he did not have a knife.
Offenhartz also criticized Garcia for not offering to get help for the victims before leaving the scene of the fight.
HERALD/REVIEW reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at jonathon.shacat@bisbeereview.net.
WAHOO wrote on Sep 11, 2008 5:04 AM: