GILROY
–– New details on the drunken driving arrest of San Francisco
49er quarterback and Gilroy native Jeff Garcia emerged Thursday
from the district attorney’s office.
Police reports reveal that Garcia, whose blood alcohol level
registered at nearly three times the legal limit, was cooperative
with his arresting officers.
GILROY –– New details on the drunken driving arrest of San Francisco 49er quarterback and Gilroy native Jeff Garcia emerged Thursday from the district attorney’s office.
Police reports reveal that Garcia, whose blood alcohol level registered at nearly three times the legal limit, was cooperative with his arresting officers.
However, police had to call for backup during the arrest to quell a small but surly crowd that gathered in downtown San Jose as officers investigated the three-time Pro Bowler. The crowd, which numbered 15 to 20 people, at one point chanted, “Let Garcia go!”
One of the officers also got into a shouting match with friends of Garcia’s. Police say the friends asked them to let Garcia go and they “became loud and emotional,” before Garcia himself told his friends to calm down.
Prosecutors are charging Garcia with two counts of driving under the influence of alcohol and will seek enhanced penalties for driving with a blood alcohol level in excess of .20 percent.
Breathalyzer tests Garcia submitted to during his early morning Jan. 14 arrest in downtown San Jose revealed his blood alcohol level to be .237 percent and a subsequent breath test registered .219 percent. The legal blood alcohol level is .08 percent.
Early news reports cited undisclosed sources who said one of Garcia’s breath tests registered .28 percent. That report turned out to be in error.
With a DUI case pending, questions about Garcia’s legal fate continue to be raised.
Deputy District Attorney Lisa Rogers, who has been assigned the Garcia case, said a blood alcohol level above .20 does not trigger additional penalties.
However, she said judges typically use the information to issue the maximum allowable punishment.
“It usually involves more jail time or more work time,” Rogers said. “For instance, a judge could sentence someone to six months in a treatment program rather than three months.”
Garcia could not be reached for comment Thursday, but his lawyer Steven Manchester, of San Jose-based Manchester, Williams and Seibert, issued this brief statement: “Jeff Garcia takes this matter extremely seriously. We will conduct an investigation, after which appropriate decisions will be made.”
It is unknown how Garcia will plead at his March 1 arraignment in downtown San Jose, but Manchester’s comments echo ones made by Garcia at a Jan. 14 press conference at 49ers headquarters. At that time, Garcia expressed remorse for the incident, but did not admit guilt.
“Because of legal issues, I can’t further discuss certain matters. But in all honesty, this matter will be taken very seriously,” Garcia said then. “It’s not something that will be taken lightly at all. And it’s something that I hope that I can put behind me very quickly.”
It is also unclear if Garcia will show up March 1. Garcia could have his lawyer issue a plea on his behalf.
The district attorney’s office sent members of the media a 16-page document that includes the formal charges, field sobriety test results and reports from arresting officers.
Cpl. David Anderson and Sgt. Ray Celano of the San Jose State University Police Department made the 1:50 a.m. arrest in the Jack in the Box parking lot on the 100 block of East San Carlos Street. In their reports, the officers say they directly observed Garcia, who was driving a white Lincoln Navigator, commit the following driving errors and violations:
– failing to yield to oncoming traffic while making a left turn
– weaving in the lane
– nearly colliding with the curb
– failing to stop before the crosswalk limit line in front of a traffic signal.
Garcia, whose Navigator had only dealer license plates, nearly collided with a driver when he made a left turn onto Second Street. Anderson followed Garcia for several downtown blocks before turning on his sirens and pulling the 33-year-old quarterback over.
Inside the Jack in the Box parking lot, Garcia submitted to field sobriety tests which he had significant difficulty performing.
Garcia, who is one of the more mobile quarterbacks in the National Football League, could not stand on one leg for 10 consecutive seconds. He also failed to walk heel to toe.
He told police during the investigation, “I didn’t think I was driving that bad.” When asked if he felt the effect of his drinking, he said, “I have a buzz.”
Garcia admitted to drinking ” a few” vodka, cranberry juice and soda drinks at the San Jose Sharks hockey game he attended earlier that night.
The police report says Garcia had three passengers in his vehicle: front passenger – Meredith Freeman, 18, left rear passenger – Eddie Garza, 34, and right rear passenger – Virginia Vilotti, 20.
By 2 a.m. backup officers were requested by Anderson and Celano to quell the crowd. Celano’s report states, “the crowd had the potential to turn into a riot and may try to lynch Garcia.”
Anderson and Celano were the only officers on the scene, and they already had their hands full with two friends of Garcia – Sean Johnson and an unnamed male – who were not in his vehicle.
Both men asked officers to release Garcia. The unnamed man also claimed one of the women was the driver of the vehicle.
The unnamed male shouted, “Garcia wasn’t driving, it was the girl!” the police report states.
Soon after, several San Jose police were on scene to help control the crowd. Garcia was then taken to the downtown San Jose jail where he was booked and released roughly seven hours later.
