The defense attorney for an Odessa woman accused of killing twins in an alcohol-related crash almost three years ago is asking the judge in her case to move the trial arguing she can’t possibly get a “fair and impartial trial” in Ector County.
In a motion filed Thursday afternoon, Michael McLeaish said the media’s coverage of Angelica Garcia’s case has many times included “false, and actually salacious statements about” her condition at the time of the wreck.
The media has reported Garcia was so intoxicated she urinated on herself, when, in fact, she lost control because she was “terrified,” McLeaish said.
The defense attorney said that despite the stories, Garcia did not slur her words because she was intoxicated, but rather because her mouth suffered an injury that required stitches.
In addition, Garcia’s eyes were blood shot because she’d been crying, he wrote.
McLeaish also attributes the accident, not to Garcia being intoxicated, but to suddenly being confronted with a fireworks stand in the middle of what she thought was a road.
In addition to the initial coverage of the incident, McLeaish said potential jurors have been tainted because the local TV stations have rehashed it every year since during a “sort of anniversary news program.”
Vehicles are also frequently seen traveling throughout Odessa with signs stating “Justice for Mia and Mya” and an online petition demanding the same has been signed by more than 20,000 people, McLeaish wrote.
Stories found on Google assert Garcia was a drunk driver who killed twins, despite the fact she’s not been convicted, McLeaish said.
Garcia, 38, was indicted on two counts of intoxication manslaughter and two counts of aggravated assault with a deadly weapon in connection with the July 3, 2019 deaths of Mia and Mya Coy.
According to authorities, Garcia was driving a Chrysler 200 east on the north service road of East Highway 80 near Club Drive when she went through a barricade and struck the 6-year-old twins, who were standing near a fireworks stand.
The children were pronounced dead at Medical Center Hospital.
Police said Garcia admitted she’d been drinking at a lounge and showed signs of intoxication.
Judge Denn Whalen of the 70th District Court has been assigned the case.
