TX TX - Emily Garcia, 15, pregnant, Canyon Lake, 12 Feb 1993

I wonder why Sheila was told she had to wait 48 hours before she could report Emily missing?
I cannot stop thinking about this!


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my initial thoughts and impressions were that she was being punished. the theme of punishment keeps coming to mind. she was being punished when she was being held in the juvenile center, and then it seems she was being punished for being pregnant. even in death she was punished by having the fetus removed from her body. that particular act in itself is so egregious it speaks loudly. obviously someone wanted the DNA evidence from the fetus eliminated. what a vile and sinister act. I would think this was done by someone who knew how to cover up evidence; perhaps someone with forensic or law experience.
MOO.
 
I have heard about Emily Garcia before. I went to her family's website (which I think might have been improved.. it was informative).

God Bless them.
 
Does anyone remember what year the federal law went into effect that requires authorities to take a missing person's report on minors, and no longer allows them to enforce a waiting period?

I thought for sure the law was enacted in or had taken effect by 93, and that police HAD to take a missing person's report, but not necessarily actively search for the missing person.

According to wikipedia (I need to look for a better source), it says it was enacted in 1990. QUOTE:

The National Child Search Assistance Act of 1990 (NCSA) (42 U.S.C. 5779 (Reporting Requirement) and 42 U.S.C. 5780 (State Requirements): The NCSA requires local, state and federal law enforcement agencies to immediately enter information about abducted children into the National Crime Information Center (NCIC) database without requiring a waiting period.

National Child Search Assistance Act - Wikipedia, the free encyclopedia

If my memory is correct, when Emily went missing, the local police were required by federal law to at least take the missing persons report, and possibly even enter the info into NCIC within a certain amount of time. I thought it was within 24 hours. (According to wiki, the law has been amended and that time period has been reduced.)

If this was the law in 93, didn't the police break a federal law when they basically told Emily's mom that already had too many missing persons cases to be bothered with taking the report? Is that phrase "abducted children" actually in the law? Does it give them a loophole to get out of taking the report because it doesn't say "missing children"? At the time, Emily's mother only knew that she was missing and didn't know that she had actually been abducted.

You are assuming that her account is accurate. If they were legally required to do it, I don't think an LEO would refuse. They might do anything afterwards, but they would take the report. And in any case, there was nothing preventing the mother from doing the report with someone else or in person.
 
Imo, Emily lied about where she would stay that night. That's what teenagers do - can attest to four of them doing just that.

The friend didn't want any part of it - can't blame her.

So who lured Emily away that night? Not a stranger, imo.

More likely wasn't lured away at all, but rather was in some sort of forbidden relationship that went bad.
 
You are assuming that her account is accurate. If they were legally required to do it, I don't think an LEO would refuse. They might do anything afterwards, but they would take the report. And in any case, there was nothing preventing the mother from doing the report with someone else or in person.

i am a mother of a child who ran away a few times. there was more than one officer who told me it was "too soon" to take a report even though she was known to be suicidal. overnight one time was "not long enough" she was 15 at the time....
this was only 4 yrs ago.
 
The lack of a missing person's report explains why Emily was not immediately identified as the Jane Doe found in a neighboring county. I thought that indicated something really strange was going on, but it seems that all it means is that there wasn't a missing person's report.

Also, I think it is possible that Emily's mother believed the volunteer at the Runaway Hotline had something to do with law enforcement or had some kind of official standing. It sounds like she made a lot of phone calls. In the process of making those calls, she was probably given a lot of numbers. Probably, if the guy was filling out a form (or was asking questions that made her think he was), she assumed it was a form that was going to be used to find Emily. I am not sure how that resource works or what they do with the information.. but, since it went no further than that one phone call...

Also, it sounds like Emily mother thought because she had spoken to the police, that was the same thing as officially filling out a missing person's report. So, again.. another thing that went wrong. I don't know how many times she talked to them or whatever..

But, I guess all I am saying is I am starting to see more than one reason that there was a delay in identifying Emily's body. Then, in missing persons cases, there are always false sightings and things like that. Someone might have told Emily's mother they say her during this crucial time period and it was not until later that her mother realized this sighting could not be accurate.

This being said, there is a bit of a mystery as to who is the father of Emily's baby. And the secret might have died with her, unfortunately.

The removal and "cremation" of the fetus is just bizarre to me. Emily was only THREE months along. A three month old fetus is so tiny. But, maybe that just relates back to the autopsy.. that once removed it couldn't be returned to her. I have a feeling this wasn't a "cremation" as most people think of it. But, who can say? There is a huge piece of missing information here that this could be an entire question and answer series by itself. Unfortunately, many of the questions.. I can't imagine who will even answer them.

I have a feeling Emily was supposed to meet the father of her baby before her planned parenthood appointment. Not necessarily immediately before, but in between her mother last seeing her and her missing the appointment.. I think this meeting was supposed to happen. And, that part, Emily knew and did not expect there to be much of a problem. So, there is very little for her mother to go on from that.

One reason I can think of that the fetus might be removed (unless this is just part of autopsy and it is a policy not to put it back after removal) is if ....

I hate to say this, but what if she/someone was trying to abort the fetus? There are a number of things people try to bring about miscarriage. Then there is a surgical abortion procedure. If she was held captive, any or all of these things may have been done to her whether she agreed or not. So, in that case, the fetus would not be where it was supposed to be within her body to say the least. Or... it may be the things done to her caused a miscarriage whether it was anyone's intention to do it or not (the people who had her might not have even known or cared if she was pregnant). Then there is the fact she was only 15 and was just going for an official pregnancy test. She'd received no care yet, so it is hard to say what a doctor's examination would have found (other than she was pregnant). She might have miscarried even if things no one did anything to cause it. Like I said.. there are a number of questions and very few answers.

Initially, I thought surely some top official had gotten her pregnant and there were a number of controversial things. But, that bothered me since such a person would have a plan before they met with her that day. Such a person might be able to make her feel she HAD to have an abortion whether she wanted one or not. So, they'd either pressure her into getting an abortion and keeping secrets or they'd cut to the chase and kill her. That kind of person doesn't seem like the type to hold her and do all of these other things.

So, this makes me believe that that is not the murderer. That person might have left her in a bad situation emotionally. And she might have gone off to party to make herself feel better and run into some lowlife people... and things went really downhill from there.

I don't know.. this one will require someone who knows something to shed some light on the time Emily was missing.

It is very bizarre that her friends not only "don't remember" her, they also seem to have all left town immediately after she disappeared. But then again, it is possible Emily gave her mother the name of a friend she (Emily) had not seen all that recently and that the friend was already on her way to moving and Emily didn't know it. One or even two friends maybe I could buy that about. But, it seems to be the story for just about everyone Emily knew and that is just weird.

Which brings me back to the official...

What if someone else, someone important to the official in some way is the one who tried to take care of everything (because that is the father of Emily's baby) and the official didn't even know about it until a horrible series of events had already unfolded.
 
News articles appear on page 3 of the family website. Emily was pregnant when her body was found.

http://theresayeary.tripod.com/id11.html

Cause of death is mentioned here.

Texas Rangers Cold Case Investigation Details - Emily Garcia



ETA: One of the only free articles I've been able to find.

Comal officials seek identity of woman
The Victoria Advocate
March 19, 1993

The woman who was three months pregnant at the time of her death...

She was found naked and bound by rope at her hands and feet about 35 miles southwest of Austin...

According to an autopsy...the woman was strangled with the same kind of rope that was used after her death to bind her hands and feet.
 
I have a question; how did Emily know she was pregnant with a boy? She was only 3 months and had not seen a dr yet. Or did I misunderstand and the gender was not discovered until after their death?

Regardless, this case is stinky. And hinky.
 
Initially her body was buried as Jane Doe in Bracken Cemetery on March 30, 1993 by Zoeller’s Funeral Home, but was later exhumed and buried as Emily Jeanette Garcia in Somerset, Texas by her family.

According to Garcia’s mother, Sheila Smith-Ramirez, they received a copy of the original Death Certificate on Sept 9, 2003, but it did not list her daughter as Jane Doe instead, it said N/A. They also have her listed as Caucasian and not of Hispanic Origin, which she was. The cause of death is listed as strangulation, but newspaper articles claimed she had been sexually abused and that she was already dead before the killer(s) tied her up.

So as you can see, there are many inconsistencies in this case.

http://stillunsolved.wordpress.com/tag/comal-county/
 
Is it said anywhere who the medical examiner was? Canyon Lake is in Comal County, but I am not seeing a coroner/ME department.
 
Registration of a fetal death is not required in Texas if the weight is under 350 grams or if the weight is unknown, the period of gestation is less than 20 completed weeks. The weight of the fetus or, if the weight is unknown, length of gestation is determined by the physician, medical examiner or justice of the peace, as the case may be. When a pregnant woman dies a fetal death certificate is required only if the fetus is removed from the mother’s body and the fetus weighs 350 grams or more, or if the weight is unknown, a period of gestation of 20 completed weeks or more at the time of the mother’s death.


A Report of Death (Form VS-115) must also be filed with the local registrar within 24 hours of taking custody of a fetus by the funeral director or other person acting as such who first assumes custody of the fetus. [25 TAC §181.2(a)] Instructions for completing the Report of Death form are found in Chapter 3 of this handbook.

When an abandoned infant or fetus is found dead, a question may arise as to whether the event should be registered as a fetal death, or as a live birth followed by an infant death. The case must be referred to the medical examiner or justice of the peace for investigation and certification because the body was found abandoned. If the medical examiner or justice of the peace believes that the infant died prior to delivery, and the weight of the fetus is at least 350 grams or more, then the death must be registered using the Certificate of Fetal Death.

www.dshs.state.tx.us/vs/handbooks/fetaldeath/generalinformation.doc
 
I have a question; how did Emily know she was pregnant with a boy? She was only 3 months and had not seen a dr yet. Or did I misunderstand and the gender was not discovered until after their death?

Regardless, this case is stinky. And hinky.
I was wondering that too!
 
http://www.ehd.org/science_main.php

fetal development timeline.

three months (approx.) is when you can first even begin to tell if the baby will be a boy or girl.

soooooo.... there are ONLY two ways the gender of Emily's baby could be known...

1. noted by doctor on autopsy and just interwoven into the tale of what happened to Emily over the years. it's possible though she had a feeling it would be a boy and her mom is using 'knew' in that way since that feeling turned out to be right.

2. Emily had already seen a doctor VERY RECENTLY and had a thorough exam. but that doctor didn't give her an official documentation as required by medicaid and she couldn't go back and get it from that doctor. the doctor did, however, tell her that she was pregnant and it was a boy. this one is more unlikely than one. but, this might be a case of someone else took her and paid and received the paperwork. and she did not ever mention this doctor to her mother. she just said she 'knew' she was pregnant and it was a boy. her mom, if skeptical, could have gotten an over the counter pregnancy test and found out quickly enough that Emily was pregnant.
 
So the family still has not had any contact with Emily's "friends". What about the boy that Emilys mom went to meet at the restaurant. What happended happened to him?
 
I wonder why Sheila was told she had to wait 48 hours before she could report Emily missing?
I cannot stop thinking about this!


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that is what stuck out to me,i mean a pregnant teen is clearly 'endangered' so why wait that long?

so had that her friends don't remember her....i have no words for that. i'd never ever forget of something like that happened to one of my friends,goodness i never forget somethings that i see on here.
 
So the family still has not had any contact with Emily's "friends". What about the boy that Emilys mom went to meet at the restaurant. What happended happened to him?

Going on memory without searching through the family's website, I *think* Emily's mom said he never showed up to the meeting at the restaurant. (His mom was supposed to come, too?) I don't know what happened to him after that.

I also *think* the family suspects that the boy is not actually the baby's father due to timing. RE: Emily being in secure facilities and the boy had no access to her.
 
I have a question; how did Emily know she was pregnant with a boy? She was only 3 months and had not seen a dr yet. Or did I misunderstand and the gender was not discovered until after their death?

Regardless, this case is stinky. And hinky.

That's exactly what I was thinking....
 
December, I think I understand what u'r saying. Emily wasn't even fed the entire time she was held. I beLIEve whoever took her had zero intention of releasing her, which makes me think she knew whoever it was. You may be on to something December, when referring to someone wanting to make her miscarry but I don't think a stranger would go at her with a coathanger. Jmo. The father could have hired someone to do his dirty work also. I know she had to confide in someone who the father was, it's hard for a teenager to keep quiet about that. I just wish someone would think of Sheila, and help her. Someone knows something.


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