Suffolk County District Attorney Raymond A. Tierney today announced that Timothy Garcia, 32, of Bay Shore, was sentenced to 9 years in prison followed by five years of post-release supervision, after a jury found him guilty in October of Criminal Possession of a Weapon in the Second Degree and other related charges for possessing an illegal and loaded gun and magazines, as well as a switchblade.
“Resisting arrest, particularly while armed with an illegal handgun and switchblade knife, is extremely dangerous for law enforcement. Thankfully, no one was hurt due to the quick action by the patrol officers,” said District Attorney Tierney. “This significant prison sentence should signal to those possessing illegal handguns that my office will seek significant prison sentences for those who disregard the law.”
The evidence at trial established that on May 27, 2022, Garcia had a dispute with a neighbor at his former residence in Bohemia. Suffolk Police responded to a 911 call reporting a man holding a firearm and a broken glass door. When police attempted to arrest Garcia, he refused to comply with their commands and a struggle ensued. During that altercation, an officer noticed a handgun in Garcia’s waistband. The officer removed the gun from Garcia’s waistband, along with two additional illegal magazines. Police also recovered a switchblade from Garcia’s pants pocket.
The gun removed from Garcia’s waistband was unserialized and contained 13 rounds of ammunition in the magazine, and one round in the chamber. The two additional magazines that were recovered also contained 13 rounds of ammunition each.
On October 19, 2023, Garcia was convicted after a jury trial heard before Supreme Court Justice, the Honorable Timothy P. Mazzei, of the following charges:
- One count of Criminal Possession of a Weapon in the Second Degree, a Class C violent felony;
- Three counts of Criminal Possession of a Weapon in the Third Degree, Class D violent felonies;
- One count of Criminal Possession of a Weapon in the Fourth Degree, a Class A misdemeanor; and
- One count of Resisting Arrest, a Class A misdemeanor.
On December 13, 2023, Garcia was sentenced to 9 years in prison followed by five years of post-release supervision. Garcia represented himself during the trial and at sentencing. Garcia’s legal advisor was Christopher Brocato, Esq.
This case was prosecuted by Assistant District Attorneys Kieran R. Rogers and Veronica McMahon of the Major Crime Bureau, with investigative assistance from Detective Robert Suppa of the Suffolk County Police Department, and Detective Investigator Reginald Sykes 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.