A Utah State Prison inmate being held in the Cache County Jail was booked on felony charges after officials say he assaulted a deputy.
On Friday, Daniel Garibai Garcia, 20, was booked on suspicion of two counts of third-degree assault by a prisoner and an additional misdemeanor for resisting arrest. Formal charges were filed on Tuesday.
An affidavit filed with the court states Garcia “punched a deputy in the face” at the start of routine checks at the jail. Deputies wrote surveillance footage showed Garcia “pacing the floor of the block” until the checks began.
“Garcia goes into his cell, removes his shirt, then stands just inside the doorway of his cell, waiting for the deputy to walk by,” the affidavit states.
When the deputy arrived at the cell, Garcia struck and chased after the deputy “in a distinct fighting stance,” according to the affidavit.
“The punch caused bruising and a chipped tooth on the deputy,” the affidavit states.
Garcia was booked on two felonies for each of two strikes thrown at the deputy. As for the resisting arrest misdemeanor, deputies wrote Garcia has been in state custody for over two years and “should, though reasonable care, know that if he punches a deputy and the deputy gives him a command to stay back, that the deputy is in fact seeking to control (detain) him.”
Court records show Garcia is serving a 10-years-to-life sentence for first-degree attempted aggravated murder in 2017 after shots were fired into an Ogden home and a woman was killed.
The victim “was shot in the head while sleeping,” police wrote in a 2017 probable cause statement. The victim “later died as a result.”
The Salt Lake Tribune reported Garcia and another teenage minor were initially charged as adults with murder. He pleaded guilty in July of 2019.
Garcia is set to appear for a further initial appearance for the charges on Nov. 1.