Man to face grand jury on beer charge
Saying an off-duty officer was mistaken when he reported seeing Rosalio Garcia give a 1-year-old child beer at a local restaurant, the defense for the accused man was unsuccessful in keeping the case from the grand jury.
Garcia was bound over to the grand jury by General Sessions Judge Larry Ross Tuesday following a preliminary hearing on the charge of purchasing alcohol for a child. An additional charge of child abuse or neglect was dismissed. Along with those charges, Garcia was also bound over for filing a false report after lawmen allege he gave them a false name when he was arrested. His real name is alleged to be Azarias R. Morales.
Garcia (also known as Morales) was taken into custody after an off-duty officer reported seeing him give the child beer through a straw while dining at Fiesta Ranchera. The officer called 911, a policeman was dispatched and Garcia was taken into custody. The child belongs to Garcia’s girlfriend.
While the case is based on the eyewitness account, Garcia’s defense says the officer was mistaken in what he saw. The child’s grandmother, who was also at the table, testified the child was never given beer and she would not have allowed it. The suspect also denies giving the child a sip of beer. However, the court found enough probable cause to send the case before the grand jury next week.
State law forbids providing alcoholic beverages to any person under 21.