A shooting involving homicide victim Anthony Garcia’s brother that occurred two and a half weeks before Garcia’s murder might have led to the confrontation in which he was killed, according to court documents.
Jose Rizo, who allegedly killed Anthony Garcia Oct. 30 in Santa Cruz, witnessed Garcia’s brother, Fabian Garcia, allegedly shoot at his roommate Oct. 12, according to a State Police report.
Erik Lynch, 31, of Española, told police Fabian Garcia, 46, shot at him with a shotgun and hit him with a car CD player at his Calle Celestino house, according to the report. Lynch was treated at Española Hospital and had a two-inch-long laceration on his chin, the report states.
State Police officer Israel Rodriguez searched the area outside Lynch’s house and didn’t find any shotgun casings. The officer did find the CD player Fabian Garcia allegedly threw at Lynch. He showed it to Lynch, who confirmed it was the one with which he was hit.
Fabian Garcia told police Lynch and his friends jumped him, and he hit Lynch with the CD player so he could get away. Fabian Garcia denied shooting at Lynch or his friends, and was charged with possession of drug paraphernalia, according to an online court records database. The report makes no mention of paraphernalia being found on him.
Rizo, 31, and Ralph Martinez, 31, are both listed as witnesses to the incident, but no information from interviews with them is detailed in the report. Rodriguez didn’t return a call for comment.
Rizo was at the Camino Quintana home of Esther Herrera Oct. 30 when Herrera’s brother Marcio Herrera drove up with Anthony Garcia, 56, in the back of his truck, according to witness accounts. The affidavit for an arrest warrant for Rizo states Lynch didn’t like Anthony Garcia, noting that Lynch had recently been allegedly beaten up by Fabian Garcia.
Because Lynch didn’t like Anthony Garcia, he started to argue with Marcio Herrera for bringing him to the house, documents state. While they were shoving each other, Rizo allegedly reached into the truck and shot Anthony Garcia.
Rizo has been charged with an open count of murder, shooting at or from a motor vehicle and possession of a firearm by a felon, and is being held at Santa Fe County Jail on a $1 million cash-only bond.