Woman charged with Tasering Detroit officer sentenced to probation
DETROIT (WJBK) - A woman accused of assaulting and using a Taser on an officer in an altercation between neighbors and police in southwest Detroit was sentenced Tuesday to probation.
Erica Garcia, 27, was sentenced to two years of probation in Wayne Circuit Court before Judge Lawrence Talon.
Garcia and her 23-year-old boyfriend Mario Delgado were charged in an incident caught on film back in July on the 3000 block of Clippert Street, near Livernois Avenue and John Kronk Street. Both were accused of assaulting an officer, but Garcia was also charged with using a Taser on an officer.
The boyfriend's mother described what she says she saw.
2 arrested, officer Tasered in southwest Detroit during heated altercation
"They drug (Delgado) from this tree all the way to the front of that car, and they choked him, about six to eight cops on him, they choked him to the point where his eyes were rolling out of the back of his head," she said. "Erica ran out of the house and Tased the cop just to get them to get off of him."
However, Commander Whitney Walton of the 4th Precinct says officers were called out to the neighborhood for those men smoking marijuana. They were smoking a small amount, which only warranted tickets. The commander also says the incident did get physical, but no one was ever choked.
At the proceeding, Garcia took her opportunity to speak and apologized for her actions, but explained some of her reasoning.
"I've seen videos of police officers just beating people up for no reason and people just recording it," she said.
Prosecutors argued for a 30-day jail sentenced, saying police officers deserve a higher level of respect because their job is to protect citizens. Defense argued that police aren't entitled to more than the average citizen.
Detroit officer tasered by woman on street
As the judge began handing down his decision, he says it was lucky the situation didn't escalate as "all Hell could've broken loose." She could've been hurt. The police officer couldn't been more seriously hurt. Other people could've been hurt.
"There are things you can do when you believe a police officer may not be acting appropriately but ...Tasing the police officer that you think is acting inappropriately is not one of them," Talon said.
However, the judge pointed out Garcia has a job as a housekeeper, three children, one with special needs, and contributes to the community. He said she had served jail time already and that additional punishment would not outweigh the disruption to her life - she's served a dozen days and an extra 18 days would likely cause her to lose her job.
"I am not condoning Ms. Garcia's actions. I think she understands how serious what she did was. I'm confident she won't do it again," Talon said.
Along with probation, the judge requires she earn her GED.