Murder accessory in Tulare County asks Gavin Newsom for clemency. ‘No way,’ DA says
Tulare County District Attorney Tim Ward expressed his opposition Tuesday against a man who has petitioned Gov. Gavin Newsom for clemency over his conviction in the shooting death of an 18-year-old.
Ward said Richard Miguel Garcia participated in the killing of Arturo Bello in Orosi on Aug. 28, 2009. Garcia, who was 23 at the time, did not pull the trigger but did exchange words with the victim, Ward said in a letter to the California governor.
Garcia was found guilty by a jury of second-degree murder in aiding and abetting the violence. He was sentenced to 40 years to life and is held at the California Substance Abuse Treatment Facility in Corcoran.
“In no way was inmate Garcia’s sentence a miscarriage of justice that deserves clemency,” the letter says. “Inmate Garcia’s lack of violent history and the circumstances surrounding the offense does not mitigate his violent conduct.”
The governor’s office told The Bee this week that every person who applies for clemency gets the same scrutiny, but added the process is confidential.
“Information regarding the governor’s clemency deliberation process is confidential and we’re not able to discuss individual cases,” the office said in a statement. “All applications receive a thorough investigation and review, and the governor carefully considers the input he receives from all stakeholders.”
Investigators say Rodney Zayas of Orosi, who was 22, was the shooter who killed Bello, striking him multiple times. Zayas was convicted of felony homicide by a jury in May 2011, records show.
Garcia, Zayas, and two others were mourning the loss of a relative who had been killed in a gang shooting, the district attorney’s office said. They had been drinking beer for several hours in a cemetery.
They decided to “go mobbing,” which is slang for looking for rival gang members, prosecutors said.
While driving through Orosi, they happened upon Bello and another victim before Zayas got out of the car and fired about five rounds, prosecutors said.
Bello, who was not armed, was struck multiple times and died while the other victim was able to flee, prosecutors said.
The men were stopped a short time later by deputies after the car was seen moving at faster than 75 mph, investigators said. A weapon was found in the car.
Prosecutors say that while Garcia did not fire a weapon, he vocally supported the hunt for rival gang members. He said “F--- ‘em” when seeing the victims.
Garcia told detectives he “never thought that that would happen,” when asked about the shooting, prosecutors said.
This story was originally published August 9, 2023 at 11:34 AM.
