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Adair
Javier GARCIA
SignOnSanDiego.com
NORWALK – A jury on Tuesday convicted a man of
killing five of his children by lighting a charcoal grill inside his
home and closing all the doors and windows.
Jurors, who began deliberations on Monday, found
Adair Javier Garcia guilty of five counts of first-degree murder and one
count of attempted murder.
The murder charges also carried special circumstance
allegations of multiple murder, murder by poisoning and lying in wait,
which makes Garcia eligible for the death penalty.
The penalty phase will begin Monday.
Five of Garcia's children were killed in February 2002 as they slept in
the family's Pico Rivera home. The children, ages 3 to 10, died from
asphyxiation from the carbon monoxide built up inside the house from the
burning grill. Garcia, 33, and his then-9-year-old daughter survived.
Police initially thought the grill was used to heat
the house but became suspicious when they found several working space
heaters in the home.
Prosecutors said Garcia sought revenge against his
wife who had recently left him and wanted to kill himself and his six
children.
During the trial, prosecutors presented a video of
Garcia saying goodbye to his wife.
"I love you. I'm of sound mind and I know what I'm
doing," Garcia said to the video camera. "I just want to let you know
this is the only option available. You've broken me. You don't care, so
I don't care. ... What I'm about to commit is the most cowardly, selfish
act possible."
Prosecutors said Garcia had the
children say goodbye to their mother in another taped segment.
A psychiatrist, who examined Garcia and testified for
the defense, said the defendant suffered from depression and had
delusions that he and his family could fly to Peter Pan's Neverland.
Prosecutors disputed that contention, saying that
Garcia's actions showed premeditation.
"Do you know that 95 percent of what he says to his
wife (on the tape) is about what she's done to him?" Deputy District
Attorney Victor Rodriguez asked of the jurors.
Defense attorney Jill Thomas described her client as
a "man overwhelmed" and argued that Garcia could not have committed
premeditated murder.
Los Angeles County District Attorney's Office
June 8, 2005
NORWALK –A 34-year-old Pico
Rivera father was ordered today to spend the remainder of his life in
prison for the murders of five of his six children three years ago, the
District Attorney’s office announced.
Deputy District Attorney Victor Rodriquez said Adair Javier Garcia’s
sentence, recommended by a jury in April, was imposed by Norwalk
Superior Court Judge John A. Torribio. Torribio presided over Garcia’s
trial earlier this year.
A jury on March 29 convicted Garcia of five counts of first-degree
murder and one count of attempted murder. Jurors found true the special
circumstances of murder by poison, lying in wait and multiple murder.
They also determined the surviving child suffered great bodily injury.
The District Attorney’s office sought the death penalty. “We believed
that this was an appropriate case,” Rodriguez said. After hearing
evidence at a penalty phase, the jury on April 18 recommended a sentence
of life in prison without the possibility of parole.
The children were asphyxiated in their sleep on Feb. 19, 2002, by fumes
from a charcoal grill that Garcia left burning. Brenda Garcia, 10, and
siblings Jonathan, 7; Anthony, 2; Cecilia, 4; and Vanessa, 6, perished.
Garcia and his then 9-year-old daughter survived the fumes, but were
hospitalized.
Garcia and his wife had separated a short time before the murders. He
and the children stayed at the family home.
Before the children went to bed the night they died, Garcia tape
recorded each of them telling their mother what they did that day. He
then taped a separate message to his estranged wife.
The children’s maternal grandmother found the injured, dying and dead
when she went to the home to babysit the next morning.
Adair Javier Garcia appears
for his arraignment in a Whittier, Calif.
courtroom in this Feb. 26,
2002 file photo.
Adair Javier Garcia at
sentencing.
Los Angeles County Sheriffs Deputy Andres Cantu watches over the house
where carbon monoxide fumes killed five children February 20, 2002 in
the Los Angeles area community of Pico Rivera.