Resentencing is tentatively ahead for the lead defendant in one of Emporia’s most notorious murder cases in recent memory.
A brief hearing took place Friday morning in Lyon County District Court in the case against Samuel Garcia, who pleaded no contest to second-degree murder, conspiracy to commit murder and conspiracy to commit aggravated robbery in May 2023, 6 years after Jesus Avila was murdered near Emporia. Garcia was originally charged with 11 counts in Avila’s killing, including 1st-degree murder.
During Friday’s proceedings, Lyon County Chief Judge Jeff Larson set resentencing for 9 am November 13.
When Garcia was originally sentenced, Judge Larson set the term at over 50 years in prison. The Kansas Court of Appeals said changes were needed due to Garcia’s pre-sentence investigation score, which was reduced after a state law on reckless criminal threat — a count used against Garcia in another case — was ruled as unconstitutional. The Court of Appeals also said Garcia should have earned jail time credit because of the time served in the second case.
Most of Garcia’s co-defendants, meanwhile, remain in prison, according to the Kansas Department of Corrections:
*Alan Alanis, convicted of aggravated robbery and arson, remains incarcerated at Larned until at least January 2029
*Andrew Granado, convicted of conspiracy to commit first-degree murder and aggravated robbery, is jailed in Hutchinson until at least February 2034
*Jovan Pecina, convicted of conspiracy to commit first-degree murder and aggravated robbery, is in prison at Norton until at least June 2040
Jordy Cornejo-Campoverde, convicted of aggravated robbery and interference with law enforcement, was paroled last month. Armando Nunez, convicted of burglary, interference with law enforcement and criminal damage, was released this past December.
