A former sergeant in the Pima County Sheriffâs Department was convicted Friday of attempted sexual assault of a female colleague during a 2022 Christmas party at his home. But jurors cleared Ricardo âRickyâ Garcia of the two most serious sex assault counts he faced.
Jurors deliberated less than five hours following the two-week Pima County Superior Court trial against Garcia, who was accused of raping the female deputy during a party attended by several coworkers. The Star does not identify sex-assault victims.
Garcia was convicted Friday of two counts of attempted sexual assault and two counts of sexual abuse. Jurors, however, found him not guilty of two counts of sexual assault. Sentencing is set for Jan. 29.
Prosecutors said the deputy was extremely intoxicated by the partyâs end, and witnesses testified she was carried to a guest bedroom. Garcia and his girlfriend allowed the deputy to stay in their spare room after she felt she was unable to drive home. Garcia was accused of sexually assaulting the deputy while she was unconscious, according to previous court filings.
Garcia, who led a team of school resource officers, was fired soon after the incident and was arrested in January on suspicion of sexual assault, attempted sexual assault and sexual abuse.
Garciaâs attorney, Louie Fidel, told jurors Garcia and the deputy had a previous sexual encounter and maintained a close personal relationship. He also cited a lack of physical evidence as providing reasonable doubt for the sexual assault charges.
Ricardo âRickyâ Garcia was convicted Friday of two counts of attempted sexual assault and two counts of sexual abuse of a female deputy during a 2022 Christmas party he and his girlfriend hosted. Jurors, however, found him not guilty of two counts of sexual assault.
Prosecutors, however, countered that past acts did not provide a basis for consent.
âKissing him that night while she was drunk at a party does not provide the basis for consent for sexual intercourse once she became so drunk she had to be carried to the bedroom,â Santa Cruz County Attorney Matthew Cannon said during his closing argument on Thursday.
The deputy testified she was once proud to be supported and part of the law enforcement community. But now, she said, her career is ruined and she feels alone.
âEven though Iâm surrounded by an amazing family, itâs this emptiness inside of me,â she told jurors when explaining the emotional toll the assault has had on her. âIâm sad. I pretend to be happy, but I cry at night.â
The incident and its handling has been controversial for Sheriff Chris Nanos and the department.
The Pima County Board of Supervisors pursued an independent review of the departmentâs handling of the incident, specifically that Nanos paused the internal investigation until the case made its way through the court system.
In September, the Arizona Attorney Generalâs Office said it found no criminal wrongdoing in the sheriff departmentâs investigative process, according to a county memo to supervisors from Jan Lesher, the county administrator. The state office did, however, find possible violations of four sheriffâs department policies.
