Glenn Spencer to the Pima County Administrator:
Fire Isabel Garcia
2601 E. Fry Blvd., #426
Sierra Vista, Arizona 85635
520-803-7703 - Fax 520-803-7730
October 22, 2002
C. H. Huckelberry
130 W. Congress St. 10th Floor
Tucson, Arizona 85701
Subject: Isabel Garcia
Dear Mr. Huckelberry:
On October 18, 2002, the Tucson Citizen ran a story about the murder of two illegal immigrants near Red Rock (attached). The reporter interviewed Pima County public defender, Isabel Garcia. The following paragraphs were taken from this story.
Isabel Garcia, a Pima County public defender who is co-chair of Derechos Humanos, said her group began warning local authorities three years ago of vigilante actions against border crossers in Arizona.
"They've done everything to not have to say 'no' to these guys, and now look what we have," she said.
Garcia said her organization often fields complaints about armed citizens who've taken the Enforcement of border policy into their own hands.
She said people have been stopped and held at gunpoint by private citizens on highways and on public and private lands.
And despite the complaints, Garcia asserted, law enforcement officials have chosen to ignore the groups, some of which now recruit members from other states.
"It's like a green light or license for all the racists across the country to come into Arizona and basically hunt Mexicans," Garcia said.
Not only are the actions dangerous, they're illegal.
"It's a state statute: No one is allowed to detain another human being unless they are law enforcement," Garcia said. "And if you point a weapon at them when you detain them, it's kidnapping."
Garcia says that an Arizona state statute prohibits what is commonly known as a "citizens arrest." The following is from the Arizona State Statute
13-3884. Arrest by private person
A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
Isabel Garcia has been speaking out about this issue for at least three years. She is a lawyer and a public figure. She is an official of Pima County. She has reason to know the law as it pertains to "citizens arrests" and to state it correctly. When Isabel Garcia said , "No one is allowed to detain another human being unless they are law enforcement," she was lying.
When Isabel Garcia said, "and now look what we have," she was suggesting that the so-called vigilantes were responsible for the killing of the two Mexicans near Red Rock.
On October 18, 2002, KOLD TV reported, "Today, the Border Patrol said an agent interviewed the man who escaped. He claimed the shooting happened between rival smugglers."
It is a "shock to the sensibilities" that a public defender has tried and convicted a class of people of a specific crime that is under investigation. By her actions, Isabel Garcia poisoned any jury pool that might be asked to judge the guilt of innocence of persons who might be associated with a so-called" vigilante" group. Moreover, Isabel Garcia has smeared persons who report crimes by illegal aliens as "racists." How on earth can a public defender do this and remain in office? For this act alone, Isabel Garcia should be terminated.
Webmaster Note: More on Garcia