Attorney seek sentencing postponement in Garcia murder case

July 16, 2010 4:49:42 PM PDT
Lawyers for the two convicted killers of Fairfield Councilman Matt Garcia want to postpone their clients' sentencing that is scheduled for Monday.

Attorney William Pendergast, who represents Eugene Combs, and Deputy Public Defender John Mendenhall, the attorney for Henry Don Williams, will argue for a continuance at 8:30 a.m. Monday in Solano County Superior Court in Vallejo.

Pendergast also has requested a hearing on a motion for a new trial.

In separate trials, Williams was convicted of first-degree murder on May 28 and Combs, 46, of Suisun City, was convicted of second-degree murder on June 3.

Combs faces 15 years to life in prison and Williams could get a maximum of 50 years to life for the murder and personal use of a gun.

According to trial testimony, Williams shot Garcia in the head in Cordelia because he mistook the 22-year-old councilman for a drug dealer who owed Combs money.

Garcia was visiting a friend in the 5000 block of Silverado Drive on Sept. 1, 2008 when he was killed. He remained on life support until his family donated seven of his organs.

Trial testimony indicated Combs never left the Dodge Intrepid driven to Cordelia that night by Williams' girlfriend Nicole Stewart.

Williams testified Combs shot Garcia but he gave the gun to a friend to get rid of it after the shooting.

Chief Deputy District Attorney George Williamson said Williams shot Garcia but Combs was also responsible for the murder because he purchased the .22-caliber gun, gave it to Williams and recruited him to confront the drug dealer who owed him money.


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