Man charged with giving 1-year-old beer is cleared
The man accused of giving beer to a baby at a local restaurant has been exonerated of charges after the grand jury refused to issue an indictment against him Friday.
The suspect, Rosalio Garcia (also known as Azarias R. Morales), is clear of charges after grand jurors heard his case during their regular session Friday and issued a no-true bill, meaning he was not indicted. The lack of an indictment likely means Garcia will remain free of the charges, although technically the case can be brought before a future grand jury. However, that technicality in the grand jury law is rarely used.
The charges were brought by off-duty officer Shane Prater who works in another county but lives here. Prater said he saw Morales give beer to a 1-year-old child while he was dining at Fiesta Ranchera this spring. The child belongs to Morales’ girlfriend.
Prater called lawmen after allegedly witnessing the incident, in which he said Garcia gave the child a sip of his beer through a straw. Garcia was arrested after Prater swore out a warrant against him charging child abuse and purchasing alcohol for a minor.
Garcia, through his attorney, Aubrey Harper, denied he ever gave the child beer, a claim which was backed up by the child’s grandmother who was present and said she would never have permitted such conduct.
The exact reasons for the no-true bill will likely remain unknown since grand jury proceedings are required to be kept secret under state law.