By: Patti Weaver
(Stillwater, Okla.) — A Cushing teenager jailed on $15,000 bail has been ordered to appear in court on Oct. 12 for a preliminary hearing on a charge accusing him of breaking into a house in Cushing while he was intoxicated.
Gabriel Joseph Garcia, 19, could be given a prison term of two to seven years if convicted of second-degree burglary. The teen could be given a jail term of five to 30 days if convicted of public intoxication.
Garcia was arrested at 11:27 p.m. on Aug. 27 at Little and Second Streets in Cushing by Officer Cody Carpenter, court records show.
The Cushing officer had been sent about an hour earlier to a house on E. Second Street on a report that “two males were attempting to break into the residence with a bat and a tire iron,” an affidavit alleged.
The front door of the house was broken out with glass all over the front porch; the back door was also broken with glass spread in and out of the doorway, the officer wrote in his affidavit.
No one was in the area, but about 15 minutes later the officer was advised that the victim was at his sister’s residence on Little Avenue, the affidavit said.
When the officer talked to the victim, he said “he was accused of stealing some welding leads from a truck by a male he identified as Charlie,” the affidavit alleged.
The victim said “he and Charlie fought in the yard and he went back inside because he did not want to fight anymore,” but “a younger male he identified as Gabe came up and started to break out the windows of his residence,” the affidavit alleged.
The victim said “Gabe attempted to get inside his residence after busting out the windows,” and “he armed himself with a pipe and told Gabe to leave,” the affidavit alleged.
When the suspect was described, the officer alleged in his affidavit, “I knew the male to be Gabriel Garcia.”
“I was patrolling in the area of Little and Fifth when I observed a male in baggy clothing walking northbound on Little Avenue,” that he knew to be Garcia, the officer wrote in his affidavit.
“Garcia had a large laceration over his right eyebrow and blood all over his face…I asked Garcia if he wanted a medic to come check him out…Garcia said no. I told Garcia the medics were only going to check him out and possibly bandage him up, and not take him to the hospital if he did not want to go. Garcia agreed to an ambulance coming to check him out,” the officer wrote in his affidavit.
“I asked Garcia what had happened tonight. Garcia stated he tried to do right for someone’s family because they stole some welding equipment from him. Garcia stated he was not involved in the fight but broke out some windows. I asked Garcia why he did that. Garcia stated the guy at that residence had a pipe and Garcia wanted him to come back outside to answer for stealing the welding equipment,” the officer alleged in his affidavit.
When the man would not come out, “Garcia stated at that time he started to break out the windows so the male would come back outside. Garcia then stated he was jumped by the guy he tried to help out, which led to the injuries on his face,” the affidavit alleged.
“Garcia stated he did take a backpack with stuff from the residence, but returned it because he saw there was a juvenile female living there and he did not want to take from a child,” the affidavit alleged.
“Garcia stated he would give back all he took from the residence because he was sorry and wanted to go home. Garcia then emptied his pockets that were full of jewelry. Garcia stated he took them from the residence because he wanted to help the guy whose daughter had diabetes,” the affidavit alleged.
After Garcia was arrested, he was taken to the Cushing hospital to be medically cleared before being booked into jail, the affidavit said.
The officer returned to the victim’s residence and asked him to attempt to identify the jewelry that was seized from Garcia, the affidavit alleged.
The victim “stated the jewelry did not look like anything that belonged to him,” but thought “it could possibly belong to a friend’s daughter, who was staying with him at his residence,” the affidavit alleged.
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