Ex-school aide Garcia receives three years probation
September 20, 2016
Daniel Garcia, a former Special Education Assistant, entered a no contest plea on Aug. 25 for one charge of sexual misconduct with a minor.
Garcia was originally supposed to appear on trial on May 5 for three charges that allegedly occurred on Nov. 26, 2014 with a student from Daniel Pearl Magnet High School (DPMHS). He posted bail on May 10 for $100,000.
According to documents from The Superior Court of California County of Los Angeles, he was charged with one count of California penal code section 289(H) which states that “Any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year.”
He was also charged with the penal code section 647.6(A)(1) which states that “Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.”
However, both of the previously mentioned charges were dropped and Garcia was only convicted of the penal code 261.5(C) which states that “Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year.”
These arrangements were part of his no contest plea that he declared before his preliminary hearing which led to him never officially going on trial.
“In exchange for a no contest plea, the other two charges were dropped,” District Attorney Ricardo Santiago said.
He served eight days in Los Angeles County Jail but they were not part of his sentencing. Garcia’s official sentencing granted him three years of formal probation and no fees.
It isn’t known whether or not Garcia will have to register as a sex offender.