FROM:
Amy Cornell, Public Information Officer
(408) 792-2997   CONTACT PERSON:
Cherie Bourlard, Deputy District Attorney
Elder Fraud Unit
(408) 792-2519   For release on September 18, 2009   MAN WHO POSED AS WATER COMPANY EMPLOYEE TO BURGLARIZE SANTA CLARA HOME SENTENCED TO SEVEN YEARS IN PRISON   Santa Clara County Superior Court Judge Socrates Manoukian sentenced 24-year old Nicky Garcia (aka David Marino) to seven years in prison this morning. Marino pleaded guilty in July 2009 to two counts of residential burglary in Santa Clara County, as well as one residential burglary count from an Alameda County incident, and one from San Mateo County.   In January 2009, one of Garcia’s co-defendant’s, Tommy John, knocked on the door of an elderly Santa Clara couple’s home and claimed to be a Santa Clara County Water Company employee. He said he needed to check the water pipes in the backyard. The male victim took John to the backyard, where a second co-defendant, Barney Mendes, met up with them. Garcia then entered the house, unaware there was a female victim inside. He told her he was from the water company and had to check the kitchen sink faucet. The suspicious victim called police.   The three defendants fled, and a neighbor called 911. While pursuing the vehicle, Mendes, who was driving, ran stop signs and sped through residential neighborhoods. John and Garcia got out of the truck and attempted to flee. All three were eventually arrested at the scene.   Both Mendes and John pleaded no contest in July to various counts of residential burglary and felony evasion of a pursuing peace officer’s vehicle. In August, Mendes was sentenced to four years in prison, and John was sentenced to seven years.   ###

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