Mary Garcia was fatally shot Sept. 13 in Pacific Beach; her son was arrested and charged in her death, but he was freed a week later
About 12 hours after 65-year-old Mary Garcia was fatally shot in Pacific Beach in September, her son was arrested and accused of murder.
According to an affidavit in support of an arrest warrant, investigators said Caldera admitted he owned several items of clothing similar to those the shooter was seen wearing in surveillance video recorded at the time of the killing. They also said he made conflicting statements to detectives about whether he was the person in the video.
The office said in a statement that prosecutors follow “the evidence and law when making charging decisions.” The footage shows the gunman walking south on the boardwalk, jumping over a sea wall and walking onto the beach, according to the warrant. The person disappears briefly, and the footage does not capture the spot where Garcia was shot. Then the person reappears, jumps over the sea wall and walks away, headed north on the boardwalk.
Two days after the fatal shooting, Caldera was charged with murder in San Diego Superior Court. He pleaded not guilty.Anthony Garcia said his mother relocated from Turlock, in California’s Central Valley, to San Diego around February to be with Caldera, who was struggling with substance abuse and anxiety.
When Garcia visited his brother in jail, Caldera said he was innocent. He seemed hopeless, Garcia said.Garcia said he didn’t ponder whether his brother was guilty. He was mostly in shock that his brother was in jail and Garcia was afraid to “lose” another family member.The San Diego Police Department’s crime lab determined that a red spot found on Caldera’s pants was not blood as initially suspected.
The license plate led detectives to the registered owner: Villegas’ girlfriend. She told police he owns a car but he sometimes borrows hers. They also reviewed cellphone records, which showed Villegas’ cellphone was connected to cellphone tower near the homicide scene at the time of the shooting. Caldera completed a weeklong program at a detox center, then started a program at a trauma-focused treatment facility. The latest program will last a year.
Brooks said the case shows police sometimes make assumptions based on vague descriptions of suspects — or their clothes — or zero in on family members who they believe are acting strange, even though their actions may be a result of trauma as opposed to guilt.
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