ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 30, 1995                   TAG: 9512010002
SECTION: VIRGINIA                    PAGE: C-4   EDITION: METRO 
SOURCE: MARC DAVIS LANDMARK NEWS SERVICE
DATELINE: VIRGINIA BEACH                                LENGTH: Medium


YOUNG MURDERER'S ONLY PAROLE WILL BE 'GERIATRIC'

"THIS IS A CASE OF A COLD, heartless, vindictive young woman," said the judge as he sentenced the teen-ager to an adult punishment.

Kelly Dara, convicted 18-year-old murderer, stood before the judge Wednesday looking young and wholesome, frizzy red hair framing a pale, girlish face.

But Judge Thomas S. Shadrick said he was unmoved by Dara's youth, declaring that she should be punished as an adult for an adult crime, even though she was 17 when she lured Joseph Garcia to his death in March.

``It is clear to me this is not a case of a teen-ager going through those difficult years ... '' Shadrick said. ``This is a case of a cold, heartless, vindictive young woman who, in a calculating manner, planned to take the life of a totally innocent young man.''

With that, Shadrick sentenced Dara to life in prison for killing her high school classmate Joey Garcia on March 6. She was convicted of first-degree murder.

For Dara, the sentence means just that: life in prison. Under Virginia's new no-parole policy, she will stay behind bars until she becomes eligible for ``geriatric parole'' at age 60, in the year 2037.

Under Virginia's old policy, convicted murderers served an average of 17 to 18 years.

Dara's co-defendant, Joshua M. Johnson, 18, also was sentenced to life without parole under the new policy, which went into effect Jan. 1.

Only two other murderers in Virginia have gotten that sentence, one in Roanoke - Robert M. May, who killed five people on New Year's Day - the other in Frederick County, according to the state Sentencing Commission.

Indeed, few murderers of any age ever serve 42 years, the shortest sentence Dara could serve, said Richard Kern, the commission's director.

Prosecutor Albert Alberi said that Dara and Johnson killed Garcia to steal his car and so Dara could get revenge against Garcia for rejecting her romantically.

Dara lured Garcia to her house, then Johnson stabbed him in the back. The couple fled to North Carolina, but were captured the next day at an Outer Banks motel.

Garcia's father, Joseph Garcia, sniffled as he said Joey's death ``makes even the simplest task of preparing dinner a struggle.''

He looked directly at Dara when he said, ``Kelly Dara, you're vindictive, you're unpredictable and you're heartless.'' Dara did not look back.

Moments later, Dara stood before the judge. She bowed her head and wept an apology.

``I'm sorry about what happened,'' she said in a soft, small voice. ``I don't expect the Garcias to accept my apology, but I am sorry.''

In the end, Shadrick said, he broke the sentencing guidelines because of the premeditated nature of the crime.

Dara was led from the courtroom in tears. Her parents walked away quickly, with no comment. Her attorney said he will appeal the conviction and sentence.



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