Marine alleged to have violated court order 106 times
By JESSIE STENSLAND
Whidbey News Times Assistant editor
March 23, 2010 · 9:38 AM
A 24-year-old Marine sergeant stationed at Whidbey Island Naval Air Station is accused of violating a court order more than 100 times, according to documents filed in Island County Superior Court.
In a related domestic violence case, court documents indicate that the marine may use an insanity defense based on post-traumatic stress disorder.
During a March 9 hearing, Island County Superior Court Judge Vickie Churchill found probable cause that Hayron Garcialemus had violated a protection order 106 times, and also that he had tampered with a witness. She set his bail at $150,000.
Last Thursday, Island County prosecutors charged Garcialemus with two counts of tampering with a witness and two counts of violating a protection order.
Assistant Prosecutor Eric Ohme said more counts of violating a protection order could be coming, though piling on a lot more of the gross-misdemeanor charges probably wouldn't increase any potential sentence.
In addition to the new charges, Garcialemus is facing potential prison time if convicted in a separate case. Last August, prosecutors dismissed a domestic violence case against Garcialemus after the alleged victim disappeared. Then in November, prosecutors re-filed the charges, along with additional counts.
On Nov. 10, 2009, prosecutors charged Garcialemus with second-degree assault with a deadly weapon, second-degree assault by strangulation, assault in the fourth degree, reckless endangerment, interfering with the reporting of domestic violence, harassment (threats to kill), and six counts of violating a court order.
Garcialemus pleaded not guilty Nov. 16. If convicted of the charges, he could face up to a year and five months in prison.
On March 3, Judge Alan Hancock appointed a couple of defense experts at public expense, not to exceed $3,150. Court documents identify the experts as forensic psychologist Robert Stanulis of Portland and William Brown, a Vietnam combat veteran and former Army drill instructor who is now an Oregon sociologist specializing in criminal behavior by veterans. Both men testified as expert defense witnesses in a high-profile Oregon murder case in which an Iraqi veteran was found guilty by reason of insanity due to post-traumatic stress disorder.
Garcialemus' attorney did not return a call for comment.
According to documents filed in Island County Superior Court, Garcialemus' wife reported on May 17, 2009 that Garcialemus had pinned her down and strangled her.
Oak Harbor Police Officer Tony Slowik wrote in his report on the incident that the 22-year-old woman had scratches and bruising consistent with strangulation. Garcialemus admitted that he had pinned his wife during an argument and had covered her mouth "because she wouldn't shut up," Slowik wrote.
Detective Sgt. Teri Gardner interviewed the alleged victim the next day. The woman described a history of domestic violence that began after the couple was married, Gardner wrote. She said Garcialemus had pointed a loaded handgun at her and the gun later went off in the house, the report indicates.
After Garcialemus was charged in November, the judge issued a standard order barring Garcialemus from having any contact with the alleged victim.
But in the more recent case against Garcialemus, Gardner wrote in her report that she discovered that he had been in contact with his wife in violation of the court order. The woman said she was reluctant to talk to the detective because she was afraid of Garcialemus, the report states. Garcialemus allegedly told the woman, who had moved to another state, to "be careful they don't find" her, apparently referring to the police, Gardner wrote.
Gardner obtained search warrants on Garcialemus' phone records and found that he allegedly violated the court order 2,016 times over the course of 106 days, the detective wrote.Contact Whidbey News Times Assistant editor Jessie Stensland at firstname.lastname@example.org or 360.675.6611 ext. 5056.