Name:
GARCIA, CARLOS IVAN
Date of Booking:
09/13/2022
Reason(s) For Booking:
BATTERY – 3RD OR SUBSEQUENT OFFENSE ON SAME VICTIM
SIMPLE ASSAULT – FAMILY VIOLENCE
CRUELTY TO CHILDREN-3RD DEGREE- MISDEMEANOR
WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS BY USE OF THREATS OR VIOLENCE – FELONY
TERRORISTIC THREATS AND ACTS – FELONY
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers, discretion is advised.]
On 09-14-2022 at approximately 2214 hours a domestic call came out located at [1300 BLOCK] Roman Point Dr. Upon arriving I met with the suspect, Carlos Garcia, a witness, [WITNESS #1], and the victims, [VICTIM #1], [VICTIM #2], and [VICTIM #3]. [WITNESS #1] and [VICTIM #1] are married. [WITNESS #1], Carlos, and [VICTIM #3] are all siblings and [VICTIM #2] is their father.
When I arrived Carlos was pinned on the ground by [VICTIM #1], [WITNESS #1], and [VICTIM #2]. [VICTIM #1] was bleeding from a laceration on his left eyebrow. [VICTIM #1] immediately started saying he wanted to press charges against Carlos. Carlos was saying “I hit you h*e” and “I’ll beat your a*s boy”. I started to speak to Carlos to explain the situation when he stated “I’m going to kill you h*e” and after a short pause stated “pig”.
At this point I placed Carlos in handcuffs (check for fit & double lock). Carlos continued to yell saying he wanted to fight, was going to beat someones a*s, and again stated he was going to kill someone. After a short time I got Carlos up to his feet to escort him outside the residence. As soon as Carlos was on his feet he threw his head backwards in a violent manner and struck me in the face with the back of his head.
Due to Carlos being combative, I pushed Carlos back to the ground onto his knees and waited for an additional officer to arrive. During this scuffle my BWC was switched off. After another officer arrived Carlos was removed from the residence and searched incident to arrest. Carlos was then secured in my patrol car along with his property. While an officer remained with Carlos I proceeded back inside to interview the victims and witness. FD arrived to provide medical attention to [VICTIM #1] and check Carlos.
[WITNESS #1] stated that Carlos was a diagnosed schizophrenic and had a bipolar disorder. [WITNESS #1] beleived Carlos was off his medication and stated that Carlos had broken the window in his room earlier that day. [WITNESS #1] said that throughout the day Carlos had pushed [VICTIM #1] several times. [VICTIM #1] was in his room when Carlos walked in and punched [VICTIM #1] several times. [VICTIM #1] pushed Carlos back and got him onto the ground.
[WITNESS #1] and [VICTIM #2] then assisted him in restraining Carlos. [WITNESS #1] said that while on the ground Carlos continued to try to hit and punch [VICTIM #1] and [VICTIM #2]. [WITNESS #1] said that her younger brother [VICTIM #3] came down and saw them trying to restrain Carlos and [VICTIM #3] was told to call the police.
[VICTIM #1] stated that Carlos had walked into his room and just started punching him in the face. [VICTIM #1] said he fought back and got Carlos onto the ground. [WITNESS #1] and [VICTIM #2] assisted him in restraining Carlos on the floor until police arrived. [VICTIM #1] was very adamant about pressing charges and said that he had not called the police before when he could have hinting at previous incidents.
[VICTIM #3] told me that he was upstairs when he heard a lot of commotion coming from down in the kitchen. [VICTIM #3] came downstairs and saw [VICTIM #1], [WITNESS #1], and [VICTIM #2] trying to restrain Carlos. [VICTIM #3] said he was told to call the police and he did until I arrived. [VICTIM #2] was asked if he was hit or punched during this incident. [VICTIM #2] said that Carlos had swung at him but he was able to dodge the punches. Carlos said he was never struck during the incident.
The kitchen floor, kitchen cabinets, and fridge were all smeared with [VICTIM #1]’s blood. I took photos of [VICTIM #1]’s injury and the state of the kitchen and uploaded these photos onto evidence.com. I transported Carlos to the Gwinnett County Jail and turned him and his property over to the deputies on duty. I contacted GCIC and obtained a criminal history on Carlos. The criminal history showed that Carlos had been convicted of 2 battery charges, and 1 family violence battery charge prior to this incident. I was also made aware that Carlos was on probation.
At Gwinnett County magistrate court I obtained 5 warrants against Carlos. The first warrant (22W-14384) was for family violence battery (felony) due to Carlos having a prior conviction for family violence battery. The warrant was taken due to Carlos striking [VICTIM #1] and causing his injury. The second warrant (22W-14385) was for simple assault family violence due to Carlos attempting to strike his father [VICTIM #2]. The third warrant (22W-14386) was for cruelty to children in the third due to [VICTIM #3] being present during this altercation and witnessing the incident. [VICTIM #3] was 11 years old at the time of the incident. The fourth warrant (22W-14387) was for willful obstruciton of law enforcement officers by use of threats or violence due to Carlos striking me in the face while effecting his arrest. The fifth warrant (22W-14388) was for terroristic threats and acts felony due to Carlos threatening to kill me and other parties during this incident.
These warrants were served to Carlos at the Gwinnett County Jail.
[End of Narrative]