Suffolk County District Attorney Raymond A. Tierney today announced that Holmark Garces, 35, of Bay Shore, was found guilty after a jury trial of kidnapping and other related charges, for abducting his ex-girlfriend and taking her to Brooklyn at knifepoint.
“My heart goes out to the victim for her strength to testify at trial against the defendant,” said District Attorney Tierney. “I thank the officers in both the Suffolk County Police Department and the New York City Police Department for their investigations in this case, and my prosecutors for securing the defendant’s conviction.”
The evidence at trial established that in October 2019, Garces and the victim lived together in a home in Bay Shore. While they lived together, Garces became extremely controlling and abusive, including isolating the victim from her family and friends and repeatedly taking her cell phone to surveil her activity and communications. In December 2019, the victim moved out of Garces’ house. The defendant continued this manipulative and controlling behavior even after the victim moved out.
On November 24, 2020, a stay away order of protection was issued on behalf of the victim which expires on November 24, 2025. Over the next two years after the order of protection was issued, Garces repeatedly stalked the victim at her home, place of employment, doctor's appointments, errands, and social gatherings, leading to multiple arrests for violating the order of protection.
On November 22, 2021, the victim was home in her backyard, when the defendant appeared at her home in violation of the order of protection and took her cellphone out of her hands. The victim ran into her house and called the police, and the defendant was arrested outside of her home for Criminal Contempt in the Second Degree. On June 26, 2022, the victim was at Wildwood State Park in Riverhead when Garces appeared and approached the victim and called her names, all in violation of the order of protection. On August 23, 2022, while the victim was walking home, Garces approached her in his vehicle, grabbed her arm, and attempted to get her into his car, all in violation of the order of protection. Two bystanders called the police and Garces fled before the police arrived. On September 5, 2022, while the victim was returning home from an evening out with her friends, Garces pulled up to her residence in violation of the order of protection. The victim ran inside her home and called the police, but Garces fled the location before they arrived. Garces’ continued conduct caused the victim to move and change jobs numerous times in an effort to hide from him.
Ultimately, on October 12, 2022, at approximately 8:30 p.m., the victim was walking home from a friend's house in Brentwood. Garces drove his gray 1999 Toyota Corolla up to the victim, got out of his vehicle, grabbed her by the hair, and threw her to the ground before throwing her in the backseat of his car. Witnesses heard the victim screaming for help while struggling with Garces and nearby surveillance footage captured audio of her screams for help. The witnesses called 911 to report the abduction. Garces then drove the victim to Brooklyn while holding a kitchen knife to her leg. During the drive to Brooklyn, the victim texted her son to call the police, alerting him that Garces had kidnapped her. The victim and her son had a GPS tracking application installed on their cellular phones, allowing the victim’s son to see her location in real time. Suffolk County Police obtained the victim's son’s cellphone and started pursuing Garces by utilizing the GPS application.
Suffolk County Police located Garces’ vehicle and observed the victim in the backseat waiving for help. Garces then drove away at a high rate of speed, attempting to evade police officers. Once surrounded by NYPD officers in Brooklyn, Garces crashed his car into multiple NYPD vehicles in an attempt to flee. He was arrested by NYPD officers at the scene and the kitchen knife was recovered from inside his vehicle. Garces was indicted in Brooklyn on multiple charges related to this incident, and that case is still pending.
On May 9, 2024, Garces was convicted of the following charges after a jury trial heard before Supreme Court Justice John B. Collins:
- One count of Kidnapping in the Second Degree, a Class B violent felony;
- One count of Criminal Possession of a Weapon in the Third Degree, a Class D felony;
- Five counts of Criminal Contempt in the First Degree, Class E felonies;
- One count of Menacing in the Second Degree, a Class A misdemeanor; and
- One count of Harassment in the First Degree, a Class B misdemeanor.
Garces is due back in court for sentencing on June 14, 2024, and faces up to 25 years in prison. He is being represented by John Halverson, Esq.
This case is being prosecuted by Assistant District Attorneys Michelle Chiuchiolo and Dana Castaldo of the Child Abuse and Domestic Violence Bureau, and the investigation was conducted by Third Precinct Police Officers and Detective Lorraine Winters of the Suffolk County District Attorney’s Office.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.