On Sept. 11, 2023, Samuel Garcia, 33, pleaded guilty to two counts of sexual assault of a child. This resulted in 10 years of deferred adjudication community supervision at his punishment hearing on Oct. 30 in front of 483rd District Judge Tanner Neidhardt in Hays County.
Garcia was arrested on Jan. 29, 2020, for five counts of sexual assault of a child that occurred in 2015. According to court documents, Garcia did: “knowingly cause the penetration of the female sexual organ of A.C.” with his penis and fingers, counts one and two; “knowingly cause the penetration of the anus of A.C.” with his penis, count three; “knowingly cause the penetration of the mouth of A.C.” with his penis, count four; and “knowingly cause the sexual organ of A.C. … to contact the mouth of the defendant,” count five. He was released on a $100,000 bond on Sept.
12, 2023.
The state of Texas recommended the following in Garcia's plea bargain agreement:
• $100 family violence center payment
• 10 years deferred adjudication community supervision
• 180 days in jail as condition of community supervision — fulfilled with time served
• A monthly $60 fee for the supervision
• Psychological, drug and alcohol abuse evaluation with counseling and treatment as recommended
• A “sex offender caseload,” meaning that Garcia must comply with sex offender registration requirements
• Dismissal of counts two, four and five There was some confusion on Judge Neidhardt’s behalf regarding the sex offender regulations with Garcia’s biological children and his fiancé’s children.
According to the state, the visitation rights for his biological children have been predetermined and are allowed unsupervised, but as for the children he lives with, supervision is required. Neidhardt appeared unsure, but the defense argued that supervision will be able to be maintained because the grandparents will always be home. Garcia lives with his fiancé and her children; though, they also reside with her parents, allowing any interactions to be overseen.
Prior to the conclusion of the case, A.C. provided a victim impact statement. The room fell silent as she began to speak. Garcia stood to the far left of the courtroom while he listened to the address.
“I’ve had years to think about what I’d say, years to try and process what you did to me. I’m sure you think you did no wrong. In your mind, it was some kind of affair, but you’re wrong. You committed sick, abusive, manipulative, pedophilic actions against me.
Maybe you think you did no wrong because I hid it too well and that’s my fault. I don’t like having to admit all of the damage you did to me, but I want you to know I’ve held it in for too long, so I’d like to take advantage of this opportunity to say my piece. I owe it to the young, 13-year-old I was when you started this.
What you did hurt me. It hurt me in so many ways and stole so many things from me,” read A.C. as she began crying, stating that she could no longer read her words. Instead, an attorney read them for her.
“From the moment you kissed me, my childhood was over. I spent years conflicted with myself because of the relationship you dragged me through and the complications that came with it. That young, naive little girl I was that you preyed upon thought she had this great forbidden love because she was so mesmerized by the good-hearted, kind friend you pretended to be to her. There was a time she'd considered you her best friend. She trusted you and thought you'd never hurt her. You and I both know that's not true. I didn't used to think that way. Days, weeks, even after the police report was made, I didn't think anything wrong happened. I still cared for you and your well-being.
I remember feeling so guilty that first night you texted me saying you had to sleep in your car. If I remember correctly, I even apologized to you because I felt guilty and like it was my fault that you were in trouble.
As the 22-year-old woman I am sitting in this courtroom today, I acknowledge it was never my fault. And never will be.”
“I will gain my power back. I know I will heal and find all of the happiness I deserve.
For now, I will take comfort in knowing that although this plea deal means you're no longer incarcerated, your life was on hold for a few years. You were frozen in time and your life stopped just like mine did throughout all of this. And now, you will be labeled for the rest of society to see you as you are. They will know how sick you are and you can't ever escape that label.
I take a bit of comfort knowing you will be labeled and scarred forever by this just as I am.”
“You're done Sam; you are done taking up space in my life. I get to move on now and find happiness and all of the things life can offer me while you struggle to make it through. You will never truly be able to understand how I feel or felt, but it's a start. I don't like to wish bad on people. That's not how my mother raised me.
Whatever pockets of joy and happiness you find, I trust karma to let you soak in those good times and warm feelings before it rips them from you. Someone as sick as you does not deserve the good life has to offer.”
