EL CENTRO — El Centro City Council Member Edgard Garcia, who was arrested on suspicion of driving under the influence of alcohol in May, at a Dec. 20 pre-trail hearing had his case continued until Jan. 8 at the request of his attorney, Jason Amavisca.
In a filing
with California Attorney General Xavier Beccera, Amavisca submitted a
supplemental declaration in support of a motion to continue a motion to suppress.
The initial motion to suppress evidence was filed Nov. 13 and was to be heard
on Dec. 20.
challenges the reason a police officer stopped Garcia on May 7.
he asked for a delay because Garcia is recovering from recent dental surgery.
my client’s physical condition, I cannot prepare with him for the motion to suppress
scheduled for Dec. 20,” Amavisca stated in his written declaration to the
court. “It would be an extreme hardship for him to leave his house. Furthermore,
my client would not be able to communicate with me as it is painful for him to
speak. Moreover, the medication he is on makes him feel groggy.”
office is prosecuting the case after the Imperial County District Attorney’s
Office declared a potential conflict of interest in June. Garcia challenged District
Attorney Gilbert Otero in the 2018 election.
the AG’s office, just for the Dec. 20 pre-trial hearing, was Kevin Cayton, an Imperial County senior
deputy district attorney.
case was Judge Donal B. Donnelly, who presides in the U.S. District Court,
Southern District of California. He received the case after local Superior Court
judges also recused themselves due to potential conflicts of interest.
When court convened at 8:30 a.m., Amavisca asked
Donnelly to vacate and continue the motion to suppress evidence to Jan. 17 or a
date convenient to the court. After a recess of 20 minutes, Amavisca and Cayton
returned and agreed to continue to Jan. 8 at 8:30 a.m. for a pre-trail and
motion to suppress.