By Aaron Burgin, The Porterville Recorder
VISALIA - Prosecutors will soon determine if they will pursue the death penalty for a Tipton man accused of shooting and killing another man over his alleged gang affiliation in October.

Joaquin Garcia, 19, {X14} was scheduled to be arraigned in Dept. 3 of the Tulare County Superior Court Thursday morning. Superior Court Judge Gerald Sevier ordered the arraignment be pushed back until next week to accommodate a change in the trial judge for the case.

Garcia allegedly shot and killed Justin Barnes Oct. 22, minutes after a night of drinking beers with Barnes and several other people ended in an altercation over Barnes' alleged self-proclaimed affiliation with the Crips street gang.

Police found Barnes' body in a field near Tipton Elementary School that morning, and arrested Garcia for the shooting death Oct. 23. Barnes had recently moved to the area from Los Angeles before his death. A coroner determined Barnes died from excessive bleeding from a gunshot wound to the chest.

Deputy District Attorney Ralph Kaelble said the determination if Garcia will be eligible for the death penalty if convicted of first-degree murder will happen “fairly soon.”

“Ultimately it will be the D.A. [Phil Cline] to make the decision,” Kaelble said. “That determination has not been made, but it will be determined in short order.” Garcia is charged with first-degree murder with a special allegation that the killing was gang-related. Garcia is allegedly a member of the Northern street gang.

A prosecutor can seek the death penalty in any case with a special gang allegation, Kaelble said. Paul Storey, Garcia's court-appointed attorney, said “his gut tells him” prosecutors will not seek the death penalty If it is, Storey said, the case will likely be delayed for months.

Garcia will be arraigned Jan. 16 at 8:30 a.m. by Judge Gary Paden.

Contact Aaron Burgin at 784-5000, Ext. 1047, or aburgin@portervillerecorder.com.

This story was published in The Porterville Recorder on Jan. 12, 2007