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Updated Mar 17, 2014 - 3:13 pm

Ex-ASU football player gets 2 years for assault attempt

PHOENIX — A former Arizona State University football player convicted of
trying to sexually assault a 21-year-old woman and a related burglary was
sentenced Monday to 2½ years in prison.

Andres Rafael Garcia, 23, received the prison sentence for the burglary
conviction and was sentenced to lifetime probation for his attempted sexual
assault convictions. He was given credit for the nine months he has already
spent behind bars.

Maricopa County Superior Court Judge Teresa Sanders said she couldn’t send
Garcia to prison on the sex convictions because lawyers on both sides had agreed
to probation on those charges as a condition of his plea agreement. Garcia had
faced 1 to 3 years in prison for the burglary conviction. His lawyer sought a
one-year sentence.

The victim told the judge she suffers physically and emotionally from the
attack and has experienced troubling flashbacks.

“There’s absolutely no excuse to justify what you have done to me,” she said
to Garcia before he was sentenced.

The Associated Press generally does not identify alleged victims of sexual

Authorities said Garcia attacked the woman after a night of partying in Tempe on
June 6.

They said she lost consciousness after Garcia caused her to fall into a wall but
later regained consciousness and was unable to cry or move her body as Garcia
attacked her.

Prosecutors said the burglary occurred when Garcia entered a fenced apartment
complex and an enclosed yard with the intent of attacking the woman.

Garcia cried as his supporters asked Sanders for leniency.

Garcia later told the judge that he betrayed the victim, who was previously a
friend, and deserves to be punished. But he said he isn’t a sexual predator.

“I am not a criminal, your honor,” Garcia said. “Unfortunately, I made a
very bad mistake.”

Garcia joined the Sun Devils in the 2012 season as a nonscholarship player but
was later dismissed from the team.


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