Mario Garcia Fights Wrongful Death Suit, Represents Himself:
While Mario F. Garcia is standing trial for the murder of Christie Wilson he is also battling her family in a civil case.
Garcia, 54, of auburn, remains behind bars and is standing trial in Sacramento for allegedly murdering Wilson, 27, of Sacramento a year ago.
Debbie Boyd, Wilson's mother, filed a wrongful death civil suit against Garcia and his wife, Jean, April 6.
Initially, Auburn attorney Patrick Little was retained to represent Garcia. That was changed.
"I'm not acting as Mario's attorney. He's acting as his own attorney for the period of time that it takes to get through the criminal process," Little said. "He then may be represented by someone else."
Little had filed two demurrers with the court. (A demurrer is a written response to a complaint, which, in effect, asks for dismissal on the point that there is no legal basis for the lawsuit.)
According to documents filed in Placer County Superior Court Sept. 29, the court sustained garcia's one demurrer to an action in the original civil complaint in which the Boyds asked for damages resulting from emotional distress. The court sided with Garcia.
"The plaintiff (D Boyd) cannont state a cause of action for intentional infliction of emotional distress based on an alleged breach of such non-existent duty," the documents said.
Wilson was last seen on videotape walking out of the Thunder Valley Casino in Lincoln in the early morning yhours of Oct 5, 2005 with Garcia. Her body has not been found.
Auburn attorney Nina Salarno-Ashford, whose sister was murdered in 1979 and is a victims' rights advocate, is representing the Boyds in the civil matter.
Salarno-Ashford asserts that Garcia with "gross negligence committed great bodily injury" to Wilson and caused her to be "brutally murdered," and "disposed of (her body) in an unknown location."
In a second demurrer, Garcia and his then-attorney Little took issue with the Boyds filing a wrongful death suit. That response was overruled by the court.
"A wrongful death action can be brought by a personal representative..." court documents state.
Boyd, on behalf of her duaghter, is suing the Garcias for more than $25,000 in damages.
"We and the family want everyone to understand that this (suit) isn't about money, it's about justice," said Salarno-Ashford. "Our hope is that this action will hold (the Garcias) accountable."
In court documents, Garcia has denied all allegations.
In addition to the wronful death claim, the suit includes a multiple fraud allegations claim that Mario Garcia fradulently signed away his interest in community property "with the sole intention of protecting (the) asset from lien, judgment or other court action."
In furtherance of the fraud, the complaint asserts that Jean Garcia intended to own the Florence Court home with her spouse, but signed an inter-spousal transfer deed "only after" her husband "was arrested and charged with the disappearance and murder," of Wilson.
Jean Garcia is named in the suit because it is belied that sh'es a conspirator in concealing Wilson's body, Salarno-Ashford has said.
Jean Garcia has declined to speak to the Journal.
