Attorneys for Xavier Garcia, 22, filed requests that a judge stop prosecutors from seeking the death penalty against him.
Twenty motions were filed on February 28, and a photojournalist with EverythingLubbock.com found them Thursday during a routine look at court records.
“This is a Capital Murder case,” the newest court records said. “Mr. Garcia, an indigent, faces the death penalty.”
The records repeat, “The State is seeking the death penalty.”
Eight of the 20 motions are specifically a request to preclude the death penalty. A series of legal technicalities were raised.
For example, one such motion said, “The Texas capital sentencing statute, which limits the jury to consideration of the special issues, does not permit the jury to consider and give effect to all the mitigating circumstances which exist concerning Accused, in violation of … the Texas Constitution.”
Some of the other motions his legal team filed included requests that he be allowed to wear civilian clothes instead of a jail jumpsuit during court appearances, a court reporter’s record for all proceedings, no prejudicial security measures, and a request to get copies of grand jury transcripts.
Garcia was indicted for capital murder for killing Katrina Castillo in Lubbock County. Castillo’s body was found in the 4200 block of East 2nd Street outside city limits in February of 2018.
Texas law requires a second felony for capital murder. His indictment, which was filed in April of 2018, said it was capital murder (not just murder) because Garcia killed Castillo “in the course of committing or attempting to commit the offense of kidnapping…”
That same indictment also said this was a capital murder case because Garcia killed Castillo “in the course of committing or attempting to commit the offense of robbery….”
“Xavier Garcia was … interviewed and subsequently admitted to causing the death of Katrina Castillo and provided details that were consistent with the evidence found at the scene…,” an arrest warrant in 2018 said.
Separately, Garcia was indicted for murder and accused of participating in the shooting death of Kmydron Jordan. Garcia pleaded not guilty in both murder cases against him.
No trial date has been listed in court records yet.
