Gabriel J Garcia
(DOC file photo)
By Patti Weaver
(Stillwater, Okla.) — A 21-year-old Cushing man has been jailed on $5,000 bail pending an Oct. 3 court appearance on a felony charge accusing him of trying to break into a Cushing house while it was occupied by a man and a woman that he called his “baby momma.”
Gabriel Joseph Garcia could be given a prison term ranging from seven to 20 years if convicted of attempted first-degree burglary after a prior conviction of second-degree burglary in Cushing in 2020 for which he had been placed on five years’ probation in June.
In his new case, Garcia was arrested at 5:38 am on Sept 9 after Cushing police were sent at 5:21 am to the 1200 block of E. Walnut Street on a report of a breaking and entering in progress, an affidavit said.
“Gabriel was sitting on the steps to the east side entrance of the residence. Gabriel appeared to be very emotional and was not initially listening to my commands. Gabriel advised his baby momma was inside the residence,” Cushing Police Officer David Smith alleged in an affidavit.
“Gabriel was showing signs and symptoms of being under the influence and later advised officers he had used methamphetamine earlier in the morning,” the affidavit alleged.
The woman said, “she was awoken to hearing Gabriel outside the door yelling and banging on the house…She said she went to the sliding glass door and told Gabriel to leave multiple times…She said Gabriel told her to come outside with him, or he was going to force her to come outside,” the affidavit alleged.
She said, “Gabriel attempted to open the sliding glass door several times and eventually was able to force it open. (She) told me that (the man) then woke up and was trying to close and lock an interior door to keep Gabriel from entering the house,” the officer alleged in his affidavit.
She said that as the man was holding the interior door closed, “Gabriel was striking the door with a clay brick that he had picked up from outside. Sgt. Watts advised he observed several large gouge marks on the door from where Gabriel had struck it,” the affidavit alleged.
She said that “Gabriel was also threatening (the man) as he was attempting to get through the door. (The man) had advised that Gabriel advised he was going to hurt him real bad. (She) advised she pushed Gabriel back causing him to fall. Gabriel then went outside and sat on the steps until the police arrived,” the affidavit alleged.
