SC - Bryan Garcia for attempted corpse theft, Clover, 2005

ajc2804

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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
 
"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
 
eve said:
"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????????????
 
s_finch said:
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
 
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!

:waitasec:

I just don't get it.


I am not defending this wackadoo......he's a nutjob for sure...but come on!
 
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.
 
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
 
eve said:
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!
 
Linda7NJ said:
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
 
eve said:
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.
 
Details said:
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
 
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.
 
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???? :sick: Like other posters said, obviously the judge thinks this guy REALLY needs to stay locked away, and I agree.
 
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.
 
Opie said:
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.
 
Opie said:
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.

Well said; we fail them and ourselves. Time for politicians to grow some and take this matter on.
 
Some great responses and thoughts here imo. I do think the judge sees what could be down the road with this guy and is doing what the law allows in an attempt to keep him away from society. How many times have we all said after a child has been killed why didn't that judge do this or that? In this case we'd all be questioning the judge if those details of what this guy wanted to do with that corpse came out later and he was free to hurt a child.
 
crypto6 said:
Well said; we fail them and ourselves. Time for politicians to grow some and take this matter on.
Two groups of politicians allowed this to happen, some decades ago when our mental health system was crippled - those two groups must be overcome to fix it. The 'softhearts' heard from the mentally ill, saying, "Why can't we just try to live in society? It's not fair that you lock us up, just because we're different.", and fell for it (and there were some abuses of involuntary commitment). And the 'moneymoney' types heard, "We're spending a ton of money on these mental hospitals, change the law so we don't have to care for them, and look at all the taxcuts, other programs, military funding, surplus we have!". Softhearts need to recognize that many mentally ill really can't care for themselves, and Moneymoney types need to see that we spend more on prison and crime and dead victims than we will if we go for prevention instead.
 
Hurray for this judge. There needs to be big penalties for any intent to hurt a child sexually. After all, the guy did confess to a desire to have sex with children and his being in prison as long as possible will protect any future victims. Nothing will ever convince me that sexual deviancy towards children in an adult is any sort of addiction or mental illness at all. This is evil and I'll bet that there are plenty of pedophiles taking all sorts antidepressant and antipsychotic meds and still doing what they want. I'm looking forward to the day when someone passes a national law to really force all judges to throw these creeps in jail and throw away the key whether they only look at child *advertiser censored* or molest. Someone is going to have to do something eventually because there are so many perverts running around anymore that it is getting ridiculous.
 
txsvicki.....well said. I agree.

I think that if a persons mind is sooo twisted that they want and attempt to dig up a little girls dead body to bring her home and have sex with her, no amount of medications could come close to keeping him under control. We're not talking about a nervous disorder or OCD or a typical by the book mental illness. We're talking about an EVIL individual. He's too far gone. He's depraved. He doesn't need to be walking the streets. Obviously, there is mental issues, but there are evil issues as well.

This judge needs to be commended! I don't care about the argument that you can't punish someone for something they MIGHT do. . For once, we have a judge who is being PROACTIVE in helping to protect OUR children!!! Be assured, this judge has undoubtedly saved the life of a child, or children, from this EVIL man.

I don't apologize for having such a staunch and possibly harsh stance and opinion on this. Not at all. I think ANYONE who verbalizes their desires to violently rape and murder young children need to be locked up!!! Doesn't matter that they haven't YET done it. The point is, it's time to GET REAL and our judges need to grow some balls and see to it that it is PREVENTED when it can be. That's just what this judge did. Good for him!!!!

The fact that he wants to rape *dead* little girls (UGH) doesn't make it any less sadistic.....like another poster said, he surely was well on his way to seeking out a little girl to kill so he could do what he wanted. Sick, evil *advertiser censored*.

Anyone who thinks this guy doesn't deserve to be locked up because he wasn't successful in his sick, sadistic attempt, I ask you this: Do you want him walking around in YOUR neighborhood? I sure don't. I don't want him in mine OR yours, because ALL of our children deserve to be protected.
 

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