Christopher Malaga showed no emotion as he sat in court today.
He remained stone-faced as a woman wailed in sorrow from the galley crowded with members of his alleged victim’s family.
The 23-year-old is accused of shooting and killing Adam Garcia, a man who apparently was his friend before a falling out.
Island County Prosecutor Greg Banks charged Malaga — who’s also known as Chris Midas and Chris G — with second-degree murder in Island County Superior Court Monday.
Today, he announced during Malaga’s preliminary appearance hearing that he was adding a special allegation that the defendant was armed with a firearm. It could add an additional five years to the sentence.
Banks argued that Malaga should be held on $1-million bail.
“He committed an unprovoked homicidal act against an unarmed young man,” Banks said, adding that he shot Garcia “in full view of two eye witnesses without regard for the consequences.”
Judge Donald Eaton, who was visiting from San Juan County, agreed with the bail recommendation.
The motive for the shooting remains unclear to investigators.
Oak Harbor Police Chief Ed Green said this week that investigators haven’t nailed that down completely.
In an interview, Banks said the case initially looked like a drug deal that went bad, but subsequent investigation revealed that the motive behind the Oct. 18 shooting might have been something different, perhaps more personal.
“But there’s still a lot of information I don’t have yet,” he said.
Banks said that Malaga had been “couch surfing” at Garcia’s home prior to the shooting, but they got into an argument and Garcia evicted him.
Malaga went to stay at a 17-year-old boy’s home in Oak Harbor.
Garcia allegedly contacted that teenager to buy some cocaine for a 24-year-old friend and they decided to meet at the corner of Southwest Castillian and Fairhaven drives at around 3 a.m., according to the report by Detective Jim Hoagland with the Oak Harbor Police.
The teenager brought Malaga along; Garcia also brought his friend who wanted the cocaine, the report states.
A woman drove Garcia to the scene. He told her that she should call the police if he didn’t return in six minutes — just in case, Garcia joked, he ended up getting shot, according to the report.
Trouble allegedly started after the drug sale. Banks said it was a small amount — “personal use level” — of the drug.
“It’s not the sort of thing you would expect a shooting over,” he said.
The teenager later told police that Malaga stepped in and confronted Garcia after the drug transaction. Malaga accused Garcia of trying to “jack” him and pointed a gun at him, the report states.
Garcia wasn’t cowed, but came up to Malaga as he was pointing the gun. Garcia’s friend got in the middle of the two, the report states.
His friend later told police that Garcia went back toward Malaga again and Malaga shot him in the face, the report states.
The friend knocked on a homeowner’s door and asked the resident to call 911. He waited with Garcia as police arrived.
Garcia died after the first police officer arrived.
Malaga returned to the teenager’s house and got a ride to Bellis Fair Mall in Bellingham the next day, the report states.
Banks said he charged Malaga Monday based on the preliminary report. By filing charges, he explained, he was able to secure a $1-million arrest warrant for Malaga and obtain the help of the U.S. Marshal’s Service and other agencies in finding Malaga.
The team of law enforcement agencies arrested Malaga outside a Bellingham gas station off Samish Way Tuesday afternoon, the Bellingham Herald reported.
Court records show that Malaga has a juvenile history of misdemeanor drug and theft charges. He was from Toms River, New Jersey, but moved to Whidbey Island about nine months ago; he didn’t have a permanent address but had been living with friends, according to the police.
If convicted of the charge and the firearm allegation, Malaga could face from 20 to 28 years in prison under the standard sentencing range.
