Bettie Sifuentes-Hart still gets emotional when talking about her son, Adam Garcia.
The Oak Harbor woman lost her only child when a friend shot and killed him over a petty argument on Oct. 18, 2014. Garcia was only 21 years old and the father of a young daughter. The kind-hearted young man continues to have a presence in their lives.
“We miss my Adam every day. We celebrate Adam all the time. We remember him in everything we do. We put up his picture at family events,” Sifuentes-Hart said, adding that the number 33 has special relevance for her because it was his number when he played high school football.
Sifuentes-Hart said she and members of her extended family do not forgive Christopher Malaga, the man who pulled the trigger and is serving a 37-year sentence for murder in the first degree. When Malaga petitioned Island County Prosecutor Greg Banks to be resentenced with an eye toward leniency, their answer was “absolutely not.” Or more accurately, Sifuentes-Hart said Malaga could “shove it” somewhere uncomfortable.
The Island County Prosecutor’s Office agreed, officially denying Malaga’s petition on Oct. 30.
Malaga acted as his own attorney in writing the lengthy petition. A state law, RCW 36.27.130, gives prosecutors the authority to ask a court to resentence an offender if the person’s sentence “no longer advances the interests of justice.”
In his petition, Malaga argued that he’s a better person now. He wrote that he has a renewed faith in God, left behind his gang connections and got married to “a God-fearing woman.”
Malaga explained that after his conviction he was first sent to the West Complex, which he described as the most violent prison in the state. He claimed he either had to run with the gangs that ran the prison or he would have nowhere safe to “eat, sleep, shower or even use the phone.” But he was finally able to break away and was moved to Twin Rivers, where he was baptized, completed a “redemption program” and earned different certificates for completing programs aimed at becoming a better man, he wrote.
Malaga now admits his guilt. At trial, his attorney claimed he wasn’t present at the crime scene; during his appeal, he wrote in a pro se brief that the gun went off accidentally.
Although he’s not allowed to contact Garcia’s family, Malaga included a letter of apology to them as part of the petition. He wrote that he wanted to express his “deepest and sincerest apologies” for “the cowardly act” of taking Garcia from them.
Sifuentes-Hart told the prosecutor she wasn’t interested in seeing the letter and believes Malaga was just going through the motions to try to reduce his sentence.
“I don’t care what he has to say,” she said. “It’s not going to bring Adam back.”
Sifuentes-Hart said Malaga’s act of senseless violence changed the lives of many people. She continues to struggle with grief but is trying to continue with her life because she believes that is what her son would want. Still, it breaks her heart when she thinks of her granddaughter and all the things he’s missed experiencing as a parent.
At trial, Banks presented evidence that showed Malaga committed the murder because he was angry over a trivial beef. As Sifuentes-Hart explained, Garcia was being kind toward Malaga, who was homeless, and let him stay at their home. The stay was only supposed to be a short while, but Malaga left his possessions at the house and continued to show up off and on. When young family members were coming for a visit, Garcia put down his foot and told Malaga he had to take his stuff and leave. This sparked an argument that ended in tragedy.
Early in the morning of Oct. 18, 2014, four young men — including Garcia and Malaga — met on a street corner in Oak Harbor for a small-time drug deal. Malaga shot Garcia in the face and pointed the gun at another man who tried to intervene.
A jury in Island County Superior Court found Malaga guilty of murder in the first degree and assault in the second, with firearms enhancements that added automatic years to the sentence. Judge Vickie Churchill sentenced Malaga to 443 months in prison.
In the letter in response to his petition, Banks explained that Malaga’s request was considered by the Island County Sentence Review Committee, which was made up of him, two deputy prosecutors and the chief administrator. The members of the committee looked over the petition as well as the records in superior court and the court of appeals. Perhaps most importantly, they contacted Garcia’s family members.
The state law directs prosecutors considering a resentencing to keep in mind that sentences should “be proportionate to the seriousness of the offense and provide uniformity with the sentences of offenders committing the same offense under similar circumstances.”
The committee members unanimously concluded that the sentence, which was within the standard sentencing range set by lawmakers, still advances the interests of justice.
“In considering the interests of justice, of course,” the letter states, “we consider more than just the impact on you. The interests of justice include considering whether the victims of your crimes believe you have received your just desserts. The interests of justice include considering whether the community is safer with you incarcerated. The interests of justice are also served by others being deterred from committing violent acts such as murder.”
