Originally Published: May 22, 2009 8:29 p.m.
After a two-day trial, a jury has found Russell Lee Garcia, 38, of Prescott Valley guilty of aggravated assault per domestic violence, which is a felony, court officials said in a press release.
In addition, the jury found him guilty of disorderly conduct per domestic violence, and of criminal damage per domestic violence, which are misdemeanors.
The jury found Garcia not guilty of child abuse and three additional counts of disorderly conduct.
Trial testimony revealed that Garcia allegedly picked up his 12-year-old stepson by the throat and slammed him into a wall. The victim had minor injuries.
Before sentencing, the court will hear evidence on May 27 on the county attorney's allegation that Garcia was on felony probation at the time of the offenses as well as the allegation that he has two prior felony convictions.
If the court finds these aggravating factors to be true, Garcia faces a minimum of 3.75 years in prison without parole.
Sentencing will be on June 15.