THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, June 6, 1995 TAG: 9506060264
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY AND JOE JACKSON, STAFF WRITERS
DATELINE: VIRGINIA BEACH LENGTH: Medium: 72 lines
Kelly Dara again is charged with murder in the death of a Salem High School classmate, less than a month after being freed as the result of a prosecution error in the case.
A grand jury on Monday indicted Dara, now 18, on charges of murder, attempted robbery and conspiracy in the March 6 stabbing of Joseph D. Garcia III.
As the jurors met to consider her case and others, dozens of ``Justice for Joey'' protesters circled outside the courthouse. Many of the marchers wore T-shirts reading: ``Justice for Joseph D. Garcia III. Is there?''
Dara and her boyfriend at the time, Joshua Johnson, are accused in the slaying of Garcia, 17, at Dara's house in Virginia Beach.
``We're back at the square where we started,'' Commonwealth's Attorney Robert Humphreys said Monday. ``We're quite satisfied that the law is on our side in this matter.''
But Thomas B. Shuttleworth, one of Dara's attorneys, said he would file a motion to dismiss the charges this morning in Virginia Beach Circuit Court.
``You can't indict a juvenile under the laws of Virginia, and Kelly was a juvenile when the alleged acts took place,'' Shuttleworth said Monday. ``She is afforded all the protections of a juvenile in court - according to the law, if she is charged with a crime, she has to be charged through a petition filed in Juvenile Court.''
Arrangements have been made for Dara to turn herself in by the end of the week, Shuttleworth said.
Members of the Garcia family have felt the weight of each day since Dara was freed.
``The last 25 days have been painful for my family,'' said Joseph Garcia, Joey Garcia's father. ``It's been really rough. We feel confident that justice will catch up with her.''
Dara was released May 12 after Juvenile Judge Woodrow Lewis Jr. ruled that he no longer had jurisdiction to handle the case. Prosecutors had tried to return the case to Juvenile Court after withdrawing the charges in adult court because they realized they had failed to provide defense lawyers with evidence possibly favorable to Dara.
Deputy Commonwealth's Attorney Albert Alberi has taken responsibility for the error. He has said he did not know about the evidence, but prosecutors are held responsible by law for such information.
``We're a nation of laws, and sometimes when errors are made by lawyers there are harsh consequences,'' Shuttleworth said Monday.
Dara and Johnson apparently had talked about killing Garcia but decided to steal his car instead, according to statements made by Johnson.
But after Garcia arrived at Dara's house, he allegedly argued with Dara and slammed her against a wall, according to Johnson's statements. Johnson allegedly picked up a pocketknife he found on a table and stabbed Garcia twice.
Garcia, who had planned to be a Navy officer, staggered to his car and drove about 100 feet before blacking out. He died shortly afterward.
In a phone conversation moments before the killing, Dara told a friend that he wouldn't have to worry about Garcia anymore, the friend testified.
On Monday, Shuttleworth said those rallying outside the courthouse should remember that Dara must be presumed innocent.
``They not only want procedural and constitutional protections to be swept aside, but they've already convicted her,'' he said. ILLUSTRATION: Photos
Dara
Johnson
Garcia III
KEYWORDS: MURDER INDICTMENT by CNB