One of the three shots that killed Monica Vigil while she was in bed was fired by a gun placed against her head, a prosecutor said Tuesday.
Attorneys for Jason Richard Garcia, the 18-year-old accused of the murder, asked a judge to release him or at least reduce his $250,000 bail. But the judge refused.Third Circuit Judge Philip Palmer said if the prosecution's allegations are true, the slaying is "one of the most heinous, cold-blooded crimes the court can imagine."
Prosecutor Robert Stott said Garcia, 5073 S. 875 East, used a stolen handgun to shoot his ex-girlfriend through the bedroom window of her grandmother's home in Murray on Nov. 2.
"He shot her once in the throat, once in the chest and once in the back of the head - a contact wound," Stott said.
Garcia had told Vigil that if he couldn't have her, nobody could, according to police and court documents.
Ann Stewart sobbed in the courtroom as the prosecutor spoke of the details of her daughter's death. "It was really emotional. I was not aware of the contact wound to the head," she said.
"I'll stick with Monica through all of this. I just need to know everything."
Stott pointed to Garcia's "extensive" criminal record as another reason against lowering his bail. He said Garcia has been referred to juvenile court 28 times for allegations of theft, assault, possession of a dangerous weapon, possession of a stolen vehicle, car theft, shoplifting and other offenses.
Defense attorney Ken Brown said Garcia is not a flight risk. He said his client knew for weeks that he was considered a prime suspect, yet he did not flee and also fully cooperated with investigators.
But Stott countered, "I would not qualify his conflicting statements to police as cooperative."
Brown said the bail should not be kept so high based on the elements of the crime because they are only unproven allegations. He called the murder charge "absolutely a circumstantial case."
"Jason is very anxious to defend himself in this case," Brown said. "These are allegations and allegations only. We've all seen cases where there's no proof behind the allegations. . . . We expect that's so in this case."
Expended bullets inside and outside Vigil's bedroom were fired from the same 9mm handgun believed to have been stolen by Garcia, according to court documents. Garcia's fingerprints were also found on Vigil's bedroom window sill and on an ammunition box found inside a friend's car. The friend told police he was with Garcia when the two bought the ammunition.
Eight months before her death, Vigil told police Garcia cut her with a knife during a fight. The wounds were superficial but produced blood, according to a police report. After cutting her, Vigil said, Garcia dragged her by the hair throughout the house and also dragged her down the street.
After she broke free, Garcia followed her back inside the house, grabbed her by the head, held the knife to her throat and said, "All's I have to do is move the knife the right way and I will kill you," according to the report.
Vigil, however, declined to press charges against Garcia.
A preliminary hearing on the murder charge is scheduled for Jan. 21.