Charges were filed Tuesday against the alleged killer of a Santa Maria man who was found shot to death earlier this month in front of his apartment complex.

Gilberto Garcia Jr. is facing one count of first-degree murder and special allegations that he used a handgun causing death, said Patricia Kelly, deputy district attorney for Santa Barbara County.

Garcia was scheduled to be arraigned Tuesday, but the hearing has been pushed back until next week.

George Robertson, 30, suffered a gunshot wound to his head in the early morning hours of Aug. 9. His body was found in his car in the 1000 block of South Railroad Avenue.

Garcia, 24, and Roy Duran Jr., 26, also of Santa Maria, were later identified by police as the suspects in the fatal shooting.

Both men were at large until Garcia turned himself in to the Santa Maria Police Department on Friday.

Duran remains at large.

Advertisement

Kelly said that if convicted, Garcia could potentially be sentenced to 50 years to life in prison.

First-degree murder brings 25 years to life in prison, she said. If the allegations that Garcia used a handgun causing death are found true, another 25 years to life sentence would be added on, Kelly said.

She said she could not discuss the evidence in the case.

Garcia remained in custody without the option of bail, Kelly said, which she said is a standard practice in a murder case.

Garcia was represented by attorney Ben Romo, she said.

Lt. Dan Ast of the Santa Maria Police Department said Tuesday that Duran remains at large, and “we don't know where he is.”

“Obviously, for the safety of everybody in the city of Santa Maria or wherever he is, it's better that he be in custody,” Ast said.

He said that outstanding suspects on homicide cases are “fairly common,'' and that Santa Maria has some homicides that have technically been solved, but there are no suspects in custody.

Because a murder warrant has been issued for Duran, if he is arrested in another jurisdiction, the arresting agency will send him back to Santa Maria, Ast said.

He said police have information on why the suspects targeted Robertson, but declined to reveal the motive.

“We don't talk about people's interviews or what people tell us,” Ast said, and explained that publicizing such information can put people in danger and can help a crook.

Sheriff's Sgt. Alex Tipolt said that he does not have information on the results of an autopsy conducted on Robertson's body shortly after his death.

Ast encouraged anyone with information on Duran's whereabouts to contact the Santa Maria Police Department at 928-3781, Ext. 277, or his or her local law enforcement agency.

Samantha Yale can be reached at 739-2159 or syale@santamariatimes.com.

August 20, 2008