http://pleasantonweekly.com/print/story/print/2011/10/07/teen-charged-in-first-street-attack-admitted-stabbing-one-victim-court-records-show


Pleasanton Weekly

News - October 7, 2011

Teen charged in First Street attack admitted stabbing one victim, court records show

Makes first appearance in adult court Tuesday

by Glenn Wohltmann

The 16-year-old charged in a mid-September attack near Village High School admitted stabbing one of his alleged victims but denied stabbing the second, court records show.

Victor Garcia made his first appearance in court as an adult Tuesday after his case was moved to Alameda County Superior Court.

Garcia admitted stabbing teenager Cameron Gipson on Sept. 15. He denied stabbing Dawayne Barnes, although he told police he would have "if he had the chance," according to a police summary entered into court records.

But Barnes, questioned by police at the scene, identified Garcia as his attacker. So did witnesses who watched the double stabbing, which took place outside the Pleasanton school district's graphics art and utility yard in the 4700 block of First Street, a little more than a block from Village High School. High school classes were still in session at the time.

Gipson, 16, attends Amador Valley High School, and Barnes, 17, attends Village. They were taken by ambulance to Eden Medical Center in Castro Valley, where they underwent surgery. The knife used in the attack may have pierced one victim's liver, it was reported. Both students have since been released from the hospital.

Police found Garcia and a male associate in front of the Civic Square Apartments on Bernal Avenue, where Garcia lives; both told police the location of the knife used in the stabbing and a fixed-blade knife has been recovered.

Defense attorney Thomas Knutsen represented Garcia in court and submitted a subpoena asking for Garcia's school records. Questioned by Judge Hugh Walker, Knutsen refused to say why the records were needed.

"I believe that will be demonstrated once those records are received," he said, although the subpoena that was filed names both Barnes and Gipson and asks for the records "to determine if the student engaged in any acts of violence" or "whether the student is or is not a member, associate or affiliate of any street gang."

Garcia, dressed in a blue Alameda County jail sweatshirt and tan slacks with a shackle chained to his waist, said little during his appearance. A half dozen family members sat in on the hearing.

The 16-year-old is being held on $260,000 bail. He's charged with two counts of assault with a deadly weapon, each of which can carry a sentence of up to four years in state prison. Garcia is also charged with inflicting great bodily injury, which could carry an additional sentence of three years, of committing a violent felony, which could add another three years, and under a state statute that prohibits plea bargaining in certain violent crimes.

Court records did not indicate a motive behind the attack.

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