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Man sentenced in aggravated assault case; kidnapping charge dismissed
Alan Molina-Garcia

A Gillsville man pleaded guilty to four counts of aggravated assault after loading a handgun and pointing it at a woman and three children, according to court documents.

Alan Molina-Garcia, 30, was given a 15-year sentence Oct. 14 with the first five years behind bars.

Superior Court Judge Clint Bearden allowed Molina-Garcia credit for time served since Sept. 2020, and the rest of the sentence may be served on probation.

Hall County Sheriff’s Office deputies were called after midnight Sept. 2, 2020, at his Hawthorn Drive home in Gillsville. Authorities have described it as a domestic incident, as all of the aggravated assault charges came under the Family Violence Act.

The warrants alleged that Molina-Garcia attempted to force a woman into a vehicle. The man was also accused of pushing her down and firing a handgun “after dark and while intoxicated.”
The prosecutors dismissed the charge of kidnapping.

Defense attorney Cathy Morris Alterman said the charge of kidnapping is not what many people might think it is.

“It has devolved to where somebody grabs you by the arm and brings you into the kitchen and says, ‘You burnt dinner again.’ That could be considered kidnapping,” she said, as the charge is defined as moving someone to one place from another against the person’s will. “... So we negotiated that, because the circumstances, the facts here didn’t support a kidnapping charge.”

According to the sentencing documents, Bearden said the “intent of the sentence is for (Molina-Garcia) to serve the custodial portion of sentence prior to deportation.”

Bearden also allowed for probation to be tolled upon deportation.

Alterman said Molina-Garcia had issues to work out with immigration. She did not know what instigated the incident, calling it a “personal matter.”

“I think it was a good resolution, and I hope that he is happy when he gets back to his home country,” Alterman said.