The judge insisted Thursday that the deal to avoid a trial and give the defendant a 15-year sentence was fair and just. But, he listened to the prosecution's argument and instead, sent the case to trial.
The defendant's family came in person to San Francisco Superior Court, and 21 family and friends of the victim appeared by zoom, as did the defendant. Nicky Garcia was 19-years-old at the time of the crash in Golden Gate Park. According to the court file, in June of 2016, he 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.
EXCLUSIVE: Judge offers plea deal against DA's wishes, 8 years after cyclist killed in SF
EXCLUSIVE: Judge offers plea deal 8 years after cyclist killed in SF
"I didn't see her until I heard an impact," witness John Sirios said that day. "I looked up and saw the bike tumbling head over heels, it must have been 10 feet in the air."
Judge Harry Jacobs arranged a deal in which 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.
Heather Miller's father wants the case to be heard by a jury, telling us, "I waited eight years for justice and a plea bargain to me is not justice."
The District Attorney's office filed a motion to dismiss the Vehicular Homicide charge, in effect, derailing the plea deal.
San Francisco DA Brooke Jenkins told us, "I think it represents a consistent problem that we're seeing at the courthouse, which is judges coming in and undermining our cases by offering lenient pleas to defendants who have done very egregious things. And in this case, an innocent woman lost her life And yet that's being discounted by this offer."
Late this afternoon, Judge Jacobs said bluntly, "It was not a plea bargain. It was not binding on anyone." He approved the prosecution's motion and confirmed a Dec. 20 trial date for the remaining charges, including murder in the first and in the second degree.
After, Nicky Garcia's attorney insisted the agreement for a 15-year sentence would have been fair and just, and that the judge should have stuck with it. "In his own mind, he thought it was a just sentence but obviously, as we had discussed before. So why walk away from that?" Michael Gaines asked. "And that can only be because of all this pressure and intimidation that is surrounding this case for a very, very long time."
Heather Miller's father was also watching by zoom, and he told us late Thursday that he is glad for today's news and will come from North Carolina to attend the trial.
Take a look at more stories by the ABC7 News I-Team.