One of Angelica Garcia’s defense attorneys has filed a motion asking the judge who sentenced her to 40 years in prison Thursday to reconsider.
According to the motion filed by Michael McLeaish, Garcia pleaded guilty to two counts of intoxication manslaughter in the July 3, 2019 deaths of Mia and Mya Coy “reasonably anticipating” that if the jury gave her prison instead of probation, Judge Denn Whalen would run the sentences concurrently based on his decision in another intoxication manslaughter case.
In January 2019, the 70th Ector County District Court judge sentenced Mark Garrett, now 28, to 20 years in prison after he pleaded guilty to three counts of intoxication manslaughter and three counts of intoxication assault.
According to McLeaish’s motion, Garrett could have received as much as 90 years in prison.
Police arrested Garrett June 22, 2017, after his Dodge Challenger slammed into an ice cream van, which caused both vehicles to burst into flames. The wreck killed the three passengers inside the van — Richard Mackrell, 63; his wife, Barbara Mackrell, 46 and Angel Pierce, 28. The wreck seriously injured Garrett, who was drunk, and his three teenage passengers, Maurice Green, Mikaila Bazan and Alexis Dominguez.
McLeaish has asked for a hearing on the matter. The state has not yet had an opportunity to file a response and does not comment on pending litigation.
Garcia pleaded guilty on Wednesday and her trial immediately moved into the punishment phase.
According to the evidence presented by the state, Garcia left Toby’s Lounge in the MCM Grande Hotel and Fun Dome drunk on July 3, 2019 and a few minutes later blew through a stop sign, went over a curb and through a barricade without braking. She then hit Mia and Mya Coy, throwing them in the air, before coming to a stop after hitting a portable light stand that moved 35 feet on impact.
According to a forensic pathologist the injuries the twins sustained were not survivable, no matter what medical intervention was provided.
Under Texas state law, the jury had the option of placing Garcia, 38, on probation or giving her a prison sentence ranging from two to 20 years on each count. They opted for the maximum sentence.
