After a previous jury failed to reach a verdict in September, a second one this week found a Santa Rosa man guilty of second-degree murder in a fatal stabbing outside a local bar three years ago.
A jury of six men and six women deliberated for a day before convicting Braulio Garcia III of killing Asante VanDyke in the early morning hours of Feb. 1, 2023. Garcia is scheduled to return to court Wednesday, Feb. 18, for further discussions before his sentencing, which has not yet been scheduled.
VanDyke was fatally stabbed during a confrontation between two groups outside Gary’s at the Belvedere on Mendocino Avenue in Santa Rosa. His three friends were injured and jurors Wednesday, Feb. 11, ruled Garcia was also guilty of three counts of assault with a deadly weapon.
Two jurors, who declined to provide their names, told The Press Democrat they went over evidence and each witnesses’ testimony before reaching their decision. They began deliberating about 10 a.m. Wednesday and a verdict was read just after 4:30 p.m. in Judge Paige Hein’s courtroom.
Garcia’s first trial in September ended with jurors being split 6-6 on each count after deliberating for several days. Arguments during both trials partially focused on whether the killing and assaults were committed by Garcia or a second suspect, Santa Rosa resident Louis Robert Campos.
Garcia and Campos, along with Richard Ponce of Santa Rosa, were identified as suspects in the killing’s aftermath and Campos was never arrested. Garcia’s defense attorney, Rachel McAllister, argued in each trial that Campos had been responsible for Asante’s death.
“There is no justice if the wrong man is convicted,” she told jurors during her closing argument Monday, Feb. 9.
Prosecutors with the Sonoma County District Attorney’s Office argued the fight was fueled by an argument inside the bar between VanDyke’s friend and Garcia over the latter’s girlfriend.
The three suspects waited outside the bar for VanDyke and his friends, according to prosecutors, and Ponce caused a distraction that allowed Garcia to “sucker punch” VanDyke before stabbing him in the chest and stomach. Two of VanDyke’s friends were stabbed after stepping in, and one was hit after Ponce fired a gun.
McAllister told jurors Garcia and the friend had quickly settled their matter but it was followed by two more disputes involving members of each group, but not her client. She stressed Garcia was in a different room when the last one occurred and he had no reason to attack VanDyke, while it was Campos who was armed with a knife.
“We will never know if Bobby Campos had a motive because Bobby Campos was never caught,” she told jurors during her closing arguments Monday.
Prosecutors rejected Campos’ culpability.
“Everything points to (Garcia). Everything points to the defendant. Nothing points to Bobby,” Deputy District Attorney Javier Vaca told jurors.
Garcia and Ponce were arrested days after the fight. Ponce later pleaded no contest to two assault charges and in March was sentenced to 10 years in prison.
The case also prompted a federal lawsuit last year by Ponce’s sister and her friend, who alleged wrongful arrest. The city of Santa Rosa settled the case in April for $300,000 while denying wrongdoing.
You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com.
Leave a Reply