THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, November 30, 1995 TAG: 9511300376
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 116 lines
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 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 teenager 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 Salem 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 is the second murderer in Hampton Roads to be sentenced to life without parole under the new policy, which went into effect Jan. 1. Her co-defendant, Joshua M. Johnson, also 18, was the first. He was sentenced last month.
Only two other murderers in Virginia have gotten that sentence - one in Roanoke, 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.
The burden of sentencing Dara fell solely on Shadrick, with no jury recommendation. Although a jury convicted Dara in September, it did not recommend a sentence because she was a juvenile at the time of the crime.
Prosecutor Albert Alberi said that Dara and her friend, 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. Dara and Johnson fled to North Carolina, but were captured the next day at an Outer Banks motel.
State guidelines recommended 24 to 40 years in prison for Dara.
But three witnesses - Garcia's mother, father and girlfriend - tearfully asked Shadrick to send Dara away for life. Each read a prepared statement, describing in painful detail how Garcia's death at age 17 affected them.
Garcia's girlfriend, Jennifer Dierks, 18, sobbed as she described seeing Garcia in his coffin, laying her head on the pillow beside his and promising that justice would be served.
Dierks stared directly at Dara.
``You've caused me so much pain. . . .'' Dierks told Dara. ``I'll never believe you're sorry. You're only sorry you got caught. . . . I want you to wake up every morning realizing you'll never have freedom again.''
Dara stared down at the table and held her face in her hands.
Garcia's father, Joseph Garcia, sniffled as he said Joey's death ``makes even the simplest task of preparing dinner a struggle.''
He, too, looked directly at Dara when he said, ``Kelly Dara, you're vindictive, you're unpredictable and you're heartless.'' Dara did not look back.
Garcia's mother, Juana Garcia, cried as she described breaking the news of Joey's death to her twin 12-year-old boys and 19-year-old daughter. She said the girl collapsed to the floor, sobbing hysterically, with her father's arms wrapped around her.
``All they understood,'' the mother testified, ``is their brother is gone because Kelly Dara wanted his car. . . . She was the manipulator in my son's murder. She was the one who set up my son to be killed. . . . The crime she committed was that of a cold, evil adult.''
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.'' Her lawyer submitted 16 letters from Dara's friends, but none testified.
The case was a double tragedy, Shadrick said. On one side, a promising young man lost his life. On the other, a young woman was about to lose her freedom.
The sentencing was even harder, Shadrick said, because he and the prosecutor and the defense attorney all had daughters about Dara's age.
In the end, Shadrick said, he broke the sentencing guidelines because of the premeditated nature of the crime. ``She was the motivating force behind it,'' Shadrick said.
Dara was led from the courtroom in tears. Her parents walked away quickly, with no comment. Her attorney, Thomas B. Shuttleworth, said he will appeal the conviction and sentence. ILLUSTRATION: Color photos
Juana Garcia, victim's mother: ``The crime she committed was that of
a cold, evil adult.''
Joweph Garcia, victim's father: ``Kelly Dara, you're vindictive,
you're unpredictable, and you're heartless.''
Jennifer Dierks, victim's girlfriend: ``You've caused me so much
pain. I'll never believe you're sorry.''
Color photo by MOTOYA NAKAMURA, The Virginian-Pilot
Kelly Dara, 18, enters the Virginia Beach courtroom of Judge Thomas
S. Shadrick on Wednesday. Shadrick said he was unmoved by Dara's
youth, declaring she should be punished as an adult in the March 6
murder of Joey Garcia.
Photo
Kelly Dara lured Joey Garcia, above, to her house.
KEYWORDS: NO PAROLE POLICY SENTENCE MURDER TRIAL by CNB