By allowing ads to appear on this site, you support the local businesses who, in turn, support great journalism.
Jury to hear closing arguments in Gainesville police officer assault case Thursday
10172018 GARCIATOVAR 1.jpg
Marcos Garcia-Tovar waits Oct. 16, 2018, in Hall County Superior Court to defend two counts of aggravated assault on a police officer and one count of possession of a firearm during the commission of a crime in November 2017. - photo by Scott Rogers

Having heard two days of evidence, the jury will hear closing arguments and likely begin deliberations Thursday, Oct. 18, on a Gainesville man’s case alleging assault on two Gainesville police officers.

Marcos Garcia-Tovar is facing two counts of aggravated assault on a police officer and one count of possession of a firearm during the commission of a crime.

His attorney Jean Sperling told the jury Tuesday during opening statements that there is little evidence to support Garcia-Tovar intending to shoot Stephen Boykin near the Athens Street Burger King on Nov. 17.

Garcia-Tovar’s co-defendant, Alondra Rodriguez, 21, pleaded guilty on Oct. 11 to three counts of aggravated assault on a police officer and one count of possession of a firearm during the commission of a crime. She received a 25-year prison sentence.

Garcia-Tovar is also accused of pointing a gun at Gainesville police officer Francisco Leyva, according to a December indictment.

Sperling said he wasn’t contesting the firearm possession charge, but he argued his client did not commit the assaults on the officers.

Boykin and Leyva testified Tuesday afternoon in the case.

Much of the cross-examination of Boykin, who fired his service weapon, concerned the dashboard camera and the in-car camera.

“I began running after them, but I heard a series of gunshots and observed a muzzle flash,” leading him to fire his weapon three times, Boykin told Assistant District Attorney Anna Fowler.

The dash cam footage showed two people running away from Boykin’s patrol car. Sperling said the mention of a muzzle flash seen at chest level was not in his report or statement to the Georgia Bureau of Investigation agent and that Boykin could only speculate on what happened.

Assistant District Attorney Harold Buckler said in his opening statement that Boykin immediately felt threatened by gunfire at the scene “and his training took in.”

“He was scared he was never going to see his family again,” Buckler said.

The state presented evidence most of the day Wednesday.

The jurors will return Thursday morning to Superior Court Judge Andrew Fuller’s courtroom.

Reporter Jeff Gill contributed to this report.

Regional events