COCHISE COUNTY -A Sierra Vista woman who absconded from probation for nearly one year must now serve 3.5 years in prison after a judge refused to restate her to probation Friday.
Marina F. Garcia was originally ordered to serve five years of supervised probation beginning in September 2018 after pleading guilty to falsifying her newborn son’s birth certificate earlier that year in a failed attempt to allow a couple from Texas to raise the child. Her term of probation started after Garcia served 120 days in jail.
However, Garcia became the subject of a nationwide arrest warrant in January 2019 when she failed to report to her probation officer. She wasn’t taken into custody on the warrant until December, after which authorities learned she had left the state and gave birth to another child.
On Feb. 28, Judge Timothy Dickerson had to decide whether to reinstate Garcia to probation or impose a prison sentence. Cochise County Attorney Brian McIntyre argued Garcia “hasn’t taken any adult responsibility” for her 2018 actions and that a prison term of 3.5 years was appropriate.
Garcia’s public defender Kai Henderson contended his client deserved a second change with probation because her violations did not involve new criminal activity. He also argued Garcia “poses no further danger to the community” and that part of her difficulties stemmed from being “ill-prepared” for the public scrutiny she endured due to incorrect media reports that she sold her newborn or engaged in human trafficking.
According to Henderson, Garcia lost a job after she got out of jail when a co-worker brought up her conviction, a situation the attorney admits his client didn’t handle well. He also questioned whether the probation department could have been more supportive.
“She didn’t have the knowledge when released from jail, didn’t have a safety net to succeed on her own,” Henderson told the judge. Garcia also tearfully asked to be reinstated to probation.
However, Dickerson said he found Garcia’s decision to ignore her probation obligation for a full year while she “lived her life” building a new family in another state convinced him that reinstatement was not appropriate. As a result, the judge revoked the probation order from 2018 and resentenced Garcia to 3.5 years with the Arizona Department of Corrections (ADC).
Garcia will get credit for 190 days of time served. She must serve 85 percent of the sentence in custody before being eligible for release but must spend the rest of the sentence under ADC community supervision.
In announcing his ruling, Dickerson also commented on the emotional harm Garcia’s decisions have caused for others, including the U.S. Army sergeant who at the time believed he was Garcia’s husband and had been told by her that their baby died while he was overseas.
Upon learning that the baby was alive, the sergeant took emergency leave but once stateside he found out DNA tests showed he wasn’t the boy’s biological father. In addition, it was later determined the couple’s marriage was not legal. The soldier eventually won a legal effort to adopt the now-toddler despite Garcia’s opposition.
After Friday’s sentencing hearing, McIntyre told Arizona Daily Independent he was pleased with the result as it brought finality to a “troubling” case.
“Ms. Garcia’s inability to recognize that her actions have consequences will hopefully be something that she can get assistance with during her term in the Department of Corrections,” McIntyre said. “Now, perhaps, the victim’s representative can begin leading a life free of concern regarding Ms. Garcia’s actions and continue to raise the child in a loving and supportive environment.”
Garcia has one more hearing to attend in the case. On March 31, she’ll be in back in court for a restitution hearing that was delayed when she absconded. Dickerson can order her to pay up to $30,000 to her former husband.