A courtroom sign at the Pima County Superior Court.
AZPM is not publishing the victim’s name to respect her anonymity.
A former deputy with the Pima County Sheriff’s Department now faces a year in jail and three years of probation after he was found guilty of attempting to sexually assault a deputy in his chain of command.
Ricardo Garcia was found guilty of two counts of attempted sexual assault and two counts of sexual abuse after an emotional two-week trial last December. The incident took place at his home during his unit's Christmas party in 2022.
During the victim’s emotional impact statement Monday, the victim told the judge Garcia’s actions made her feel trapped in her own body.
“I lost my ability to feel safe with my coworkers,” she said. “I didn’t choose for this to happen to me. I didn’t consent to allow anyone to touch my body that night.”
Although the jury found him not guilty of sexual assault, they found three aggravating circumstances for the four lesser charges; physical harm, emotional harm, and that Garcia was in a position of authority over the victim.
Judge Alan Goodwin said the court affirmed all three aggravating circumstances.
Garcia’s lawyer Louis Fidel argued for probation only, saying Garcia had multiple mitigating factors. He had held a job for a year, and had consistent support from friends and family throughout the trial, according to Fidel.
“All evidence is that this is an aberrant event. This happened one time. This happened on one night, and the law tells the court that you must consider the defendant's person as a whole,” he said.
He also said Goodwin should consider that Garcia had already lost a career and that incarceration is a “unique danger” to him.
“A law enforcement officer, frankly, is unlike other defendants who are faced with jail or incarceration,” he said.
Goodwin said Garcia’s lack of criminal history and “significant family and community support” were mitigating factors in his sentence. Fidel argued Garcia’s history of public service as a law enforcement officer was also a mitigator, but Goodwin disagreed.
“Your history of public service is kind of counterbalanced with the position of authority and your use of your position of authority in the offense,” Goodwin said.
The victim’s lawyer, Mathew Cannon from the Santa Cruz County Attorney’s office, argued prison was “the only assurance in this case.”
“The defendant violated his sworn oath to protect his community and his duty to protect those who worked under his command, not to exploit one of them for his personal pleasure,” Cannon said.
According to the prosecution, attempted sexual assault carries a presumptive sentence of 3.5 years if intent to complete the acts is proven. Cannon argued the jury found Garcia intended to complete the acts and argued for the full extent of the sentence.
Cannon said the sentence in this case carries wider implications for the law enforcement community.
“Any community where there is this hierarchy of quasi-military chain of command, they need to know you don't get to take advantage of your subordinates,” he said.
PCSD’s decision to not outsource an investigation involving its own employees was a continual sticking point in the case. Garcia’s defense argued the jury should question the validity of an investigation with conflict of interest concerns, while the prosecution argued the thought of having to reveal intimate information to coworkers kept the victim from coming forward.
Throughout the trial, multiple current and former PCSD employees testified that the orders to continue investigating that night came directly from the Sheriff, even when some of them vocalized their reservations about investigating their own colleagues.
Last year, findings from the Arizona Attorney General suggested the Department may have violated four areas of internal policy the night of the attempted assault, including a requirement to take action when a fellow department member is in danger.
Nanos said he respected the court’s decision in a statement released Monday afternoon.
“This outcome reinforces our dedication to accountability and ensures that every member of our department adheres to the highest standards of conduct. It serves as a clear reminder that no individual is above the law and that our actions must always reflect the trust and responsibility placed in us by the community we serve,” the statement reads.
In the two years since the party, the case has been a continual point of tension between the Pima County Board of Supervisors and PCSD.
After the Pima County Deputy’s Organization publicized a vote of no confidence in September 2023, the Board requested Nanos appear to address the union’s complaint that he put an internal investigation of the Garcia incident on hold until after criminal proceedings were complete.
Nanos then withdrew his deputies from providing security at meetings, citing financial reasons.
Real winner in this is Sheriff Nanos. Keeping the investigation in-house allowed his good friend to escape the most serious charges. Instead of prison, he'll now get to continue taking care of him in his own jail.
— Pima County Deputy's Organization (@AZPCDO) February 24, 2025
Truly impressive.
Case Background:
Former Pima County Sergeant accused of rape was “best friends” with Sheriff Nanos, says victim
“I did not want to let her go back inside,” says first responder in Pima County deputy rape case
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