Judge reduces bond for John Garza

There was a time when John Andrew “Bobo” Garza was facing a bond of more than $1 million, and the prospect of leaving the Gonzales County Jail was slim.

Following a habeas corpus hearing Wednesday before Judge Dwight Peschel’s 25th Judicial District Court, Garza could pay $2,500 and be out of jail any day.

Bob Burchard, Garza’s court-appointed attorney, presented Peschel with a writ of habeas corpus seeking bail reduction, which Peschel granted. The decision resulted in a bond reduction from $223,500 to $25,000.

But as straightforward as laymen expect the judicial system to be, even the most seasoned Ivy League calculus professors could find themselves perplexed by the dollar amounts involved in the twists and turns of this ongoing criminal and financial miasma, a point evidenced by the complexity of and the ambiguity over the amassment of charges against Garza.

When Garza appeared before Peschel, he had been incarcerated in the Gonzales County Jail for 113 days. But law requires an inmate to be indicted within 90 days. If he is not, then he is entitled to a hearing of habeas corpus.

In order for a detainee to make bond, he must be able to come up with at least 10 percent of the bond amount. Therefore, following Peschel’s ruling Wednesday, Garza’s $25,000 bond amount requires a payment of $2,500.

Garza, 29, is jailed on 10 various counts dating back to May, with the most spectacular of the events being a late-night gunfight between Garza and Troy Anthony Rosas at Garza’s home in the 600 block of St. John Street.

Officers were dispatched to the scene about 11 p.m. July 13 in reference to the gun battle that had neighborhood residents ducking for cover.

“While working the scene, weapons were recovered from both inside and outside the house,” Gonzales Police Capt. Allen Taylor said in July. “Narcotics were found inside as well, possibly crack cocaine, cocaine and marijuana. We’re still unclear as to why the shooting occurred, and the case is still under investigation.”

Taylor said GPD obtained felony warrants for Garza on July 17, charging him with aggravated assault with a deadly weapon, felon in possession of a firearm, possession of a controlled substance and possession of marijuana.

Because of the amount of narcotics discovered at the residence, Garza was charged with possession of a controlled substance, which is a third degree felony.

The incident marked the third time in two months that Garza had been charged with a felony. He was released from jail on July 5 after posting $50,000 bond on a charge of a felon in possession of a firearm in connection with an incident of shots being fired at the same residence on that date.

On May 17, Garza and another man were taken into custody during an early-morning raid by Guadalupe County Sheriff’s Office SWAT and the Department of Public Safety. As a result of that raid, Garza was charged with deadly conduct, endangering a child and possession of a controlled substance.

Garza was indicted for possession of a controlled substance ($50,000 bond) on May 13 and unlawful possession of a firearm by a felon (two counts, $50,000 each) on July 13. On Wednesday, Peschel consolidated those bond amounts into one bond for $25,000.

But the actual amount of bond required for Garza’s release was not as cut and dried as it could have been. Prior to Wednesday’s hearing, jail administrators contended that Garza’s two counts of unlawful possession of a firearm were consolidated into a single bond amount of $50,000, whereas Burchard was of the understanding that the two counts were separate amounts. Thus, the jailor’s amount would be $183,500, and Burchard’s amount would be $233,500. Nonetheless, Peschel’s decision was made based on Burchard’s assessment.

Peschel granted Garza a personal recognizance bond for $5,000 on the charges on which he has yet to be indicted. Those charges include aggravated assault with a deadly weapon (dropped), possession of marijuana ($1,000), deadly conduct by discharging a firearm (dropped), promoting prostitution ($12,500), an affidavit of surety to surrender on unlawful possession of a firearm ($50,000), an affidavit of surety to surrender on deadly conduct by discharging a firearm (dropped) and an affidavit of surety to surrender on possession of a controlled substance ($20,000).

Three of the charges – aggravated assault with a deadly weapon, deadly conduct by discharging a firearm and affidavit of surety to surrender on deadly conduct by discharging a firearm charges – originally carried a $150,000 bond when Garza was magistrated in May. But at the request of the Gonzales Police Department, the bond was increased to $750,000 by County Judge David Bird.

But because of insufficient evidence to achieve a confiction, 25th Judicial District Attorney Heather McMinn’s office declined to prosecute.

“According to what I was told by the jailor, most of those other charges have been dismissed,” Burchard said. “There are a couple of charges still there that they lowered the bonds considerably on. There was a possession charge and a promotion of prostitution charge.”

Another perplexing aspect of Wednesday’s proceedings at the Gonzales County Courthouse was that no representatives from the district attorney’s office were in attendance.

“Normally on a criminal case such as this, the DA’s office would have a representative here,” Burchard said Wednesday. “But for whatever reason, they are not here.”

As of press time, Garza was reported to still be in custody at the Gonzales County Jail.