37-year-old Jose Monroy Eduardo Garcia was arrested on the night of Tuesday, August 4, for PC 422, threats to willingly commit a crime resulting in death or great injury. Garcia is also being charged with PC 425(a)(4), assault by means of force, PC 136.1(b)(1), attempting to dissuade a victim from reporting the crime, and PC 242-243.4(e)(1) battery on a spouse, former spouse or co-habitant.
In most domestic battery assaults, the victim is assaulted by an ex-boyfriend, girlfriend or spouse when the relationship has soured after emotional or physical altercations occurred, causing them to break-up.
On the night of August 4, fearing for her safety, a female victim called 9-1-1 Dispatch to try to report a sexual assault that had just occurred between her and the suspect Garcia. However, Garcia took the phone when she had tried to dial and hung it up.
After she fought Garcia off, he finally gave up and left the residence. The victim was then able to call the SJPD to report the incident. She reported that he had been threatening to physically hurt her if she were to call the police to report what had just occurred. At the same time he had physically grabbed her breasts and upper torso while trying to remove her shirt.
According to court documents, the victim was previously involved in an intimate relationship with Garcia. However during the violent confrontation with the suspect, he had asked if she had been with another man, and then began to choke her. After a few seconds Garcia then let go by pushing his hand into her face. The victim, not wanting his advance, bit his lip and scratched his face in an attempt to try to get away. Garcia calmed down and left the residence. This allowed the female victim to call for help. Fearing for her safety, she requested an emergency stay-away order be issued against the suspect.
SJPD Officers were able to locate Garcia at his residence in East San Jose. It appeared that had been drinking heavily and was drunk at the time of his arrest. An Emergency Protective Release Order was issued against Garcia. He was told not to have any contact with the female victim or he would face additional charges and re-arrest.
The next court date has been scheduled for October 27, 2015 at 9:00 AM in Dept 44 in front of the Honorable Sunil R. Kulkarni.
