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  1. #1
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    SC - Bryan Garcia for attempted corpse theft, Clover, 2005

    YORK, S.C. — A 23-year-old Clover man who police say tried to dig up the grave of a 12-year-old girl after seeing her picture in an obituary has been sentenced to 20 years in prison.

    Bryan Nicholas Garcia never did find the girl's grave and told investigators he wanted to "take her home and have fun," Clover Police Lt. Randall Horn said.

    Garcia pleaded guilty but mentally ill Wednesday to two charges of destruction of a graveyard. Circuit Judge John Hayes sentenced Garcia to 20 years in prison and ordered him to register as a sex offender.

    Two mental evaluations found Garcia has a chemical imbalance in his brain that makes him want to have sex with corpses and children, defense attorney John Rhea said.


    http://www.foxnews.com/story/0,2933,227047,00.html
    Last edited by Jeana (DP); 11-03-2006 at 05:31 PM.

  2. #2
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    "Two mental evaluations found Garcia has a chemical imbalance in his brain that makes him want to have sex with corpses and children, defense attorney John Rhea said."

    Corpses and children? This guy needs to be stopped, locked up, key tossed. It's just a matter of time before he gets his child/corpse the old fashioned way - murder. Why are there so many of these nutjobs?


    Eve

  3. #3
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    Quote Originally Posted by eve
    "Two mental evaluations found Garcia has a chemical imbalance in his brain that makes him want to have sex with corpses and children, defense attorney John Rhea said."

    Corpses and children? This guy needs to be stopped, locked up, key tossed. It's just a matter of time before he gets his child/corpse the old fashioned way - murder. Why are there so many of these nutjobs?


    Eve
    I'm not aware of any particular chemical imbalance that automatically triggers the desire for sex with corpses or kids,,,,I believe it would be more accurate to say he has an imbalance that hinders his ability to control his actions, thoughts, impulses and maybe even affects his sanity. Guess it was the best the defense attorney could come up with. And by the way, if this guy was so smart, how did he think he was gonna open that heavy vault lid and get into that sealed coffin without any help????????????

  4. #4
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    Quote Originally Posted by s_finch
    I'm not aware of any particular chemical imbalance that automatically triggers the desire for sex with corpses or kids,,,,I believe it would be more accurate to say he has an imbalance that hinders his ability to control his actions, thoughts, impulses and maybe even affects his sanity. Guess it was the best the defense attorney could come up with. And by the way, if this guy was so smart, how did he think he was gonna open that heavy vault lid and get into that sealed coffin without any help????????????
    Yeah, a BS defense to be sure, but anyone who wants to have sex with corpses and children for any reason, is a ticking time bomb.

    Eve

  5. #5
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    How can this man get 20 years for wanting to dig up someone? He never even found the grave!

    Pedophiles get far less time for sexually assaulting live children!



    I just don't get it.


    I am not defending this wackadoo......he's a nutjob for sure...but come on!

  6. #6
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    I was just about to post that same thing, Linda. This guy got 20 years simply for planning to have sex with a corpse, but further down the board is a story about a father who got probation for strangling his 2 year old. It makes no sense to me.

  7. #7
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    I agree, it doesn't make any sense, I can't believe desecrating a grave or attempting to, carries that sentence. Also why would he admit he has this desire? What kind of a lawyer did he have anyway?

    Aside from all that, however, how long before he would actually do something to make sure he could satisfy his craving for sex with a child's corpse? That's what's scary about this.

    Eve

  8. #8
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    Quote Originally Posted by eve
    I agree, it doesn't make any sense, I can't believe desecrating a grave or attempting to, carries that sentence. Also why would he admit he has this desire? What kind of a lawyer did he have anyway?

    Aside from all that, however, how long before he would actually do something to make sure he could satisfy his craving for sex with a child's corpse? That's what's scary about this.

    Eve
    It's gross for sure. But seriously, it's not like assaulting a live victim.
    I wish pedophiles would stick to assaulting the dead!

  9. #9
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    Quote Originally Posted by Linda7NJ
    It's gross for sure. But seriously, it's not like assaulting a live victim.
    I wish pedophiles would stick to assaulting the dead!

    Yeah, but I think he could kill a child in order to have his own plaything. That's what I would worry about with this guy.

    Eve

  10. #10
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    Quote Originally Posted by eve
    Yeah, a BS defense to be sure, but anyone who wants to have sex with corpses and children for any reason, is a ticking time bomb.

    Eve
    I think it's a good defense - and an even better prosecution point. His brain is defective, so he won't rehabilitate - no need to try, no need to offer him parole - he's broken, lock him up for life. We don't need to be mad at him, but we can't let him out either. Put him in jail, somewhere not too horrible (since he didn't hurt a living child), and let him live out his life there.

    I think we need a special jail for people like him - there's something broken, he can't help himself, but he can't be allowed to be free either - somewhere they can just live and die and maybe even work and contribute - from behind very solid bars.


  11. #11
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    Quote Originally Posted by Details
    I think it's a good defense - and an even better prosecution point. His brain is defective, so he won't rehabilitate - no need to try, no need to offer him parole - he's broken, lock him up for life. We don't need to be mad at him, but we can't let him out either. Put him in jail, somewhere not too horrible (since he didn't hurt a living child), and let him live out his life there.

    I think we need a special jail for people like him - there's something broken, he can't help himself, but he can't be allowed to be free either - somewhere they can just live and die and maybe even work and contribute - from behind very solid bars.
    I know what you're saying Details but diminished capacity/insanity defenses don't work as often as people think because the key point is whether the defendant knew right from wrong. Does he know it's wrong to have sex with kids/corpses?

    I am not aware that there is any defense (or offense) involving overwhelming urges/not being able to help oneself. Rather, this mental illness or brain chemistry assertion by the lawyer may have been offered as a mitigating factor for sentencing. Pedophiles are well-known to have little chance of rehabilitating but they still have to offend to be convicted.

    20 years is a harsh sentence for attempting to dig up a corpse. It appears the judge is reacting to what the guy may do in the future. I think an appeal would probably have some merit here, at least as to the harsh sentence. You can't convict someone on what they might do.

    That being said I personally think the guy's a time bomb.

    Eve

  12. #12
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    I'm saying it's a defense - in the sense that he can't help himself - but even more than that, in the justice/societal sense, it's relevant to the case to say he should be locked up for a very, very long time - ideally permanently. So, in an odd sense, his defense is a key point for the prosecution and for the cause of locking him up for life - the less responsibility he has for what he has done, the more he needs to be locked up for life.

    Just thought it was ironic that what the defense presented was indeed technically a defense, but was a great point for the prosecution.

  13. #13
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    Well I guess 20 years is a long time considering all the factors, but here in SC we don't take too kindly to necrophilia, or even the intent to perform necrophilila. SC is a lot like Texas, you don't really want to get tried here if possible. It hasn't been that many years since it was customary here for citizens to take the law into their own hands while LE looked the other way---especially in the rural areas.

    Can you imagine the horror of the family of this little girl, knowing what that sicko was planning to do to her body???? Like other posters said, obviously the judge thinks this guy REALLY needs to stay locked away, and I agree.

  14. #14
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    Details - Your post about putting this guy behind solid bars and letting him live out his life there brings to mind the fact that so many mental institutions have been closed and people like this one are free to walk among us, doing whatever they wish, until they finally get arrested for something or other and then wind up in jail. If he truly has a chemical imbalance/mental issues, it is unfortunate that jail is the only place to keep him locked up. But I guess that is an issue for another whole thread, how we (the collective we) have failed the mentally ill in so many ways. Not everyone is fortunate enough to have family to look after them and try to keep them on their meds.

  15. #15
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    Quote Originally Posted by Opie
    Details - Your post about putting this guy behind solid bars and letting him live out his life there brings to mind the fact that so many mental institutions have been closed and people like this one are free to walk among us, doing whatever they wish, until they finally get arrested for something or other and then wind up in jail. If he truly has a chemical imbalance/mental issues, it is unfortunate that jail is the only place to keep him locked up. But I guess that is an issue for another whole thread, how we (the collective we) have failed the mentally ill in so many ways. Not everyone is fortunate enough to have family to look after them and try to keep them on their meds.
    Yes, very, very true.

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