THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, September 6, 1995 TAG: 9509060425
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 85 lines
A jury on Tuesday convicted Kelly Dara in the murder of her Salem High School classmate, apparently not believing three hours of testimony in which she denied a role in the killing.
Jurors took about two hours to reach a verdict on the third day of Dara's trial in the stabbing death of Joseph D. Garcia III. She was convicted of first-degree murder, attempted robbery and conspiracy to commit robbery.
Dara, 18, buried her face in her hands as the court clerk read the third verdict - guilty of first-degree murder. She turned to take a last look at her parents, then left the courtroom in tears.
Outside the courtroom, Joseph Garcia, the victim's father, said: ``I had no doubt of her involvement from the beginning. . . . I'm not happy. I'm angry. But I'm happy some kind of justice has been served.''
He then pointed toward his wife, who was sobbing in the arms of one of many family members and friends attending the trial. ``Look at my wife. She lost a son.''
Dara faces a possible life term plus 40 years. Sentencing is scheduled for Nov. 13.
Her boyfriend and co-defendant, Joshua Johnson, was convicted in June on identical charges. The jury recommended that he spend life in prison. He is to be sentenced Oct. 23.
Dara was the sole witness in her defense. Had jurors chosen to believe her, they would have had to discount four witnesses who testified that Dara told them about the plan in advance or made other statements indicating a role in the killing.
During her often tearful testimony, Dara said she paged Garcia on March 6 just to say hello and then was surprised when he showed up at her house.
She invited him in, and he asked her to lunch. She said they were headed out the door when Garcia grabbed her from behind, then pushed her into the door.
He then slapped her on the back, and she ran upstairs, she said.
Soon afterward, she heard a scuffle downstairs and heard Garcia yell, ``You're a dead man.'' Minutes later, Johnson ran upstairs and told her they had to leave.
It wasn't until later that Dara found out what happened, she said.
```I couldn't let him do that to you, Kelly,' '' she said Johnson told her. ``I said, `What did you do?' He said, `I stabbed him.' ''
Dara said she was then too frightened of what Johnson might do to her to run away. Hours later, the two fled to North Carolina, where police found them the next day.
During her testimony, Dara denied calling a friend on March 6 and asking for a gun or a knife; telling another friend about a plan to beat Garcia and stab him in the back; or telling a third friend that he wouldn't have to worry about Garcia anymore because he would be dead. She also denied telling a fourth person that all she and Johnson wanted from Garcia was his car.
Assistant Commonwealth's Attorney Afshin Farashahi said Dara was just as guilty as if she had picked up the knife to kill Garcia herself. ``Joey Garcia walks into 1408 Marmora straight into the trap of Kelly Dara,'' he said.
In his closing argument, Thomas B. Shuttleworth, one of Dara's attorneys, attacked the commonwealth's theory of the case. ``She was obsessed with Joey Garcia, so she killed him?'' he said. ``Does that make common sense?''
Shuttleworth said Dara had not always told her parents the truth.
``But misleading your parents doesn't equate to murder, and misleading your parents doesn't equate to lying on the stand,'' he said. ``She is guilty of knowing that Mr. Johnson committed a murder and continuing to hide out with him. I don't have anything to say in her defense.''
But she never intended that Garcia die, Shuttleworth said.
Deputy Commonwealth's Attorney Albert D. Alberi discredited Dara's version of events. She said she was planning to go to lunch with Garcia without telling Johnson, who was in the house, even though she suspected she was pregnant with Johnson's child and was about to run away to Florida with him.
``Kelly Dara, in the most incredible, unbelievable facet of her totally incredible testimony, said, `I agreed to go to lunch with Joey Garcia,' '' Alberi said. ``Ladies and gentlemen, that is the most ludicrous story any woman could ever tell in a court of law.'' ILLUSTRATION: Color photo by RICHARD L. DUNSTON, Staff
Kelly Dara, the only witness in her defense, wept on the stand
Tuesday.
KEYWORDS: MURDER TRIAL CONVICTION by CNB