EXCLUSIVE: Judge offers plea deal against DA's wishes, 8 years after cyclist killed in SF

SAN FRANCISCO (KGO) -- The father of a cyclist killed in a hit-and-run at Golden Gate Park eight years ago is upset that the murder case is dragging on, but, even more so, that a judge is negotiating a plea deal with the defendant to avoid a jury trial.

Peyton Miller told the ABC7 I-Team, "I want justice for Heather. I don't want a plea bargain. This man committed more than one crime, and I think he should have to pay."

This is the same judge whose actions we questioned last month, in the case of a serial auto burglar who injured police trying to get away.

June 22, 2016 was a beautiful evening in Golden Gate Park. People were out walking and riding their bikes.

According to the court file, 19-year-old Nicky Garcia and a friend broke into a car at about 6 p.m., stole a backpack, and drove away in his girlfriend's Honda Fit. Witnesses say he blew through stop signs and accelerated to 60 miles an hour, swerved to avoid another car and slammed into 41- year-old Heather Miller, who was riding her bike. She died on impact.

"I didn't see her until I heard an impact," witness Jason Sirios said. "I looked up and saw the bike tumbling head over heels. It must have been 10 feet in the air."

Prosecutors charged Garcia with first degree murder and other crimes, but the case has dragged on for eight years. Now, news of a possible plea deal has hit Heather Miller's family hard.

"I waited eight years for justice and a plea bargain, to me, is not justice," Miller's father said.

Under the deal arranged by Superior Court Judge Harry Jacobs, Nicky Garcia would plead guilty to all charges, but sentencing on the First Degree Murder and Second Degree Murder counts would be stayed. Garcia would receive a 15-year sentence only for the lesser crimes: Vehicular Homicide, Leaving the Scene of an Accident and Auto Burglary. He has already served eight years in San Francisco County Jail.

Law professor Robert Weisberg, faculty co-director of Stanford's Criminal Justice Center, said, "Judges are not supposed to negotiate guilty pleas. It's not a fair negotiation."

He's concerned that Judge Jacobs is pursuing this plea deal over the objections of the prosecutor.

"California statutory law lays out some pretty clear guidelines about how pleas are to be negotiated," Weisberg said. "In other words, the parties, prosecutor and defense come to an agreement."

But Garcia's attorneys told us on Wednesday there is nothing unusual about how Judge Jacobs is handling the case.

"There's nothing wrong with the court listening," Michael Gaines said. "And we've had many meetings, and then coming to a considered judgment."

And defense attorney Sarah Potter added, "We truly feel that given the amount of time that has passed and who Nicky Garcia is as a person, that this is a just outcome in this case."

The matter comes to a head Thursday morning with a hearing before Judge Jacobs to consider a motion by the San Francisco District Attorney's office. They want to dismiss Garcia's Vehicular Homicide charge, so the judge will have to consider the two murder charges when sentencing.

"And we have come to a decision about what we believe justice is in this case," District Attorney Brooke Jenkins said. "And yet, he has come in and pulled that rug underneath us and said he believes it's something very different."

Prosecutors have been pushing for a sentence of 15 years to life.

One final note: after Heather Miller's death, her husband of nine years, Ian Bateen, sank into a depression. He started drinking and eating to excess. He gained more than 100 pounds and died in his sleep of a heart attack three years after Heather passed.

Peyton Miller told us his son-in-law died of a broken heart, and he wants to see Nicky Garcia prosecuted to the fullest extent of the law.

"If you want to look at it, he took two lives, and I just don't think it's fair to be a plea bargain. I want to see him go before a jury, and I want to be there to see the trial."

One other point to bring up: the family and friends of Heather Miller were stunned by Nicky Garcia's behavior in a previous hearing. He was smiling and blowing kisses to someone in the audience.

Take a look at more stories by the ABC7 News I-Team.