Attempted murder charge remains

A judge on Thursday refused to throw out an attempted murder charge

against a Sun Valley man -- rebuffing his lawyer’s argument that

there was no evidence that his client intended to kill the victim, a

Burbank Police officer.

Superior Court Judge Janice Croft agreed with prosecutors that

David Garcia, of Sun Valley, should stand trial for the attempted

murder of Officer Gregory Campbell

Prosecutors allege that Garcia deserves the attempted murder

charge because of his alleged participation in the crime of selling

methamphetamine, which led to the Nov. 15, 2003, shootout with

Burbank Police officers -- Campbell and Officer Matthew Pavelka, who

was killed in the shootout -- in a Ramada Inn parking lot.

Garcia also stands accused of first degree murder for the shooting

death of Pavelka. Garcia’s defense attorney, Seymour Amster,

attempted to have the charge dismissed, claiming there was no

physical evidence to indicate that Garcia had ever fired a shot at

Campbell.

Garcia ducked down in the SUV he was in while his companion Ramon

Aranda -- who was also killed in the shootout -- exchanged gunfire

with Campbell, Amster argued.

Amster’s motion to dismiss included Garcia’s version of what

happened in the hotel parking lot as told in a statement given to a

Burbank Police detective.

Garcia had told Det. Charles Howell that he remained inside the

vehicle after Aranda had gotten out and exchanged gunfire with first

Campbell and then Pavelka, the motion said.

“He just stayed in the car, hunkering down because he did not want

to get hurt, he did not want to get shot,” the motion continued.

Garcia remained in the vehicle until the shooting stopped.

At that point, the detective told the grand jury, Garcia told two

versions of what happened next, the motion said.

In one statement, Garcia said he fired 11 shots at Pavelka while

Pavelka was standing near his patrol car, the motion said.

The second version was that he fired 11 shots at Pavelka while

Pavelka was already wounded on the ground. Garcia then got out of the

vehicle and fired another six shots at Pavelka, the motion said.

“The main evidence they have against David is his statement, and

an individual cannot be convicted on words of his mouth alone,” said

Amster. “There has to be evidence of a crime.”

But prosecutors say that Garcia is just as culpable as Aranda.

“The defense is basing the motion on the fact that Garcia was just

sitting in the seat and didn’t shoot Campbell,” said Deputy District

Atty. Keri Modder who is prosecuting the case. “Under the theory of

aiding and abetting, he’s just as responsible as Aranda based on the

fact they were involved in an ongoing criminal business of selling

narcotics.”

Amster hinted that he would bring back his argument.

“Cleary I brought my motion in good faith,” Amster said. “The

judge made the decision she thought was proper. In my opinion, this

issue will not go away; it will haunt the case and can be brought up

again at the trial on this matter.”

Garcia is being held on no bail at Men’s Central Jail in Los

Angeles.

The next hearing in the case is Oct. 18 in Pasadena Superior

Court.