THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, May 23, 1995 TAG: 9505240685
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JUNE ARNEY, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 91 lines
Carrying signs and wearing buttons and T-shirts calling for justice, 40 relatives and friends of Joseph D. Garcia III rallied at the courthouse Monday, protesting the release of his accused killer and Salem High School classmate, Kelly Dara.
They came in black ribbons with buttons and T-shirts that said, ``Justice for Joey.'' They carried signs reading, ``Put Kelly where she belongs - Jail,'' ``Impeach Judge Lewis,'' and ``Re-arrest Kelly Dara.''
Soon there will be more T-shirts, designed by two of Garcia's best friends. His picture will be on the front with the words: ``In memory of Joseph D. Garcia III.'' The back will say: ``Justice for Joey. Is there?''
Dara and her boyfriend at the time, Joshua Johnson, were accused in the fatal stabbing March 6 of Garcia, 17. But Dara was released May 12 after Judge Woodrow Lewis Jr. ruled that he no longer had jurisdiction to handle the case in juvenile court once prosecutors decided not to pursue it in adult court.
Deputy Commonwealth's Attorney Albert Alberi has taken responsibility for an error in which Dara's defense attorneys were not given evidence possibly favorable to her case. Alberi has said he did not know about the evidence, but prosecutors are held responsible by law for such information.
Paula Williams, who organized Monday's rally, says her group will return May 30 and again June 5 - the day a grand jury will consider indicting Dara in Garcia's killing - something defense lawyers say they will fight.
``Joey could be anybody's child,'' Williams said. ``The entire community is so outraged that an accused murderer could go free. We want to get the message out how unhappy we are.''
Williams said she was especially troubled after reading recent remarks from the state Attorney General's Office about getting tougher on juvenile offenders.
``We just really question the judge's interpretation of the law,'' she said.
Lewis said Monday he cannot discuss the case since prosecutors plan to pursue charges.
Garcia's parents, Joseph and Juana Garcia, on Monday held hands and took turns carrying a framed photograph of their son as they walked in the group that circled the courtyard.
Jennifer Dierks, Joey's girlfriend for the past two years, was there, too.
``The hardest part of my day is waking up in the morning,'' said the 17-year-old Salem High School junior. ``That's when it smacks me in the face all over again. I know my boyfriend is never going to walk through the door again. He's never going to say `I love you,' again.''
Dierks said she can't help but be angry with the system, and with Dara.
``I don't understand how she can wake up in the morning,'' Dierks said. ``She didn't have to page him. She didn't have to get him there. If it wasn't for her, none of this would have happened.''
Corey Brigham, 18, Garcia's best friend, said his mother always taught him that justice will prevail.
``But then when I found out this happened, I lost all respect for the justice system.'' said Brigham, who visits Garcia's grave every day. ``We want the justice system to do the work they should have done the first time. We're going to keep coming back until they do.'' ILLUSTRATION: Color photo
D. KEVIN ELLIOTT/Staff
Juana and Joseph Garcia, parents of the slain Joseph D. Garcia III,
took turns carrying a photograph of their son as they protested at
the Virginia Beach courthouse Monday.
Graphic
A statement from the parents of murder victim Joseph D. Garcia
III:
``We are asking for your support to show your objection to the
release of a teenager from juvenile court on 12 May because of an
interpretation of the law. My family and I are deeply in pain
because of the senseless murder of our son Joey. We were in shock
and angered to witness the courts releasing this teenager back into
society. All that we as parents are asking is for justice, for the
laws of our state to protect the innocent citizens of our state. How
can the court system let out in our streets a person who is
suspected in the murder of our son? How can we as parents and our
children feel safe in a state that lets such laws be the direction
of justice? There is no such pain as the loss of a child. We ask for
your support so that no other parent should have to go through what
we're going through.''
KEYWORDS: MURDER SHOOTING ARREST RELEASE by CNB