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Mar. 5, 2010


(HOUSTON) - Jose Garcia Jr., 31, of Mercedes, Texas, has been sentenced to the statutory maximum punishment of 20 years imprisonment for the attempted murder of a deputy U.S. marshal(DUSM), United States Attorney José Angel Moreno announced today. Garcia, a federal prisoner in custody, used a razor to slash at the throat of DUSM at the federal courthouse in McAllen, Texas, on May 22, 2009. In June 2009, Garcia was indicted for attempted murder of a federal agent in the Houston division. 

Garcia pleaded guilty to the attack on a DUSM in December 2009. At a hearing late this afternoon, United States District Judge Ewing Werlein sentenced Garcia to 20 years in federal prison to be followed by a three year-term of supervised release. The 20-year sentence is to be served consecutive to his 50-year state prison sentence.  

According to the factual basis in support of the guilty plea, Garcia was in a holding cell in the federal courthouse awaiting a hearing before United States District Judge Randy Crane in McAllen for the possible revocation of the term of supervised release imposed as part of a 2000 federal robbery conviction prompted by Garcia’s recent state conviction for murder and 50-year sentence. While being lead into Judge Crane’s courtroom from a holding cell through a door being held by a DUSM, Garcia walked through the door into the courtroom and lunged at the DUSM slashing his throat with a razor blade. As the DUSM and other deputy marshals attempted to subdue Garcia, Garcia continued to slash at the DUSM’s throat several more times. Eventually, Garcia was subdued. Bleeding profusely from the injury to his neck, the DUSM was transported to the hospital and received nine stitches to close the wound.
FBI agents arrived at the scene and recovered the razor blade used by Garcia. FBI agents then interviewed Garcia, who told them he felt a “vibe” whe n he saw the DUSM earlier in the day. Before going in the courtroom, Garcia said he found a razor blade on the floor by the urinal in the holding cell located on the first floor of the federal courthouse building. Garcia admitted he hid the razor blade in his upper lip then later moved it to his hand where he had it when the cell door opened. As he walked closer to the DUSM, Garcia admitted he wanted to “get him right there,” and was trying to kill the DUSM when he attacked him. Garcia told FBI agents he felt “relaxed” after the attack.
Garcia, who has been in federal custody, will remain in custody to serve this sentence. 

The case was prosecuted by Assistant U.S. Attorney Mark McIntyre. Assistant U.S. Attorney Glenn Cook represented the government at today’s hearing.

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