New Jersey court gives major win to man who apologized for molesting his niece

🔴 Uncle who was living with family in Ocean County wins appeal

🔴 Key evidence obtained by police, including a signed apology, was thrown out

🔴 His release date is days away

SHIP BOTTOM — An appellate decision has given a Honduran man the chance to withdraw his guilty plea for the sexual assault of a victim under 12 years old.

Lester Garcia, now 38, pleaded guilty to the second-degree sex crime after he fled Ocean County and was caught in Fairfax County, Virginia, according to court records.

He was sentenced to seven years in state prison as part of the plea agreement. After his release, Garcia also had to register as a sex offender and was subject to parole supervision for life.

Get our free mobile app

However, last Friday's court ruling gives Garcia a chance to strike a new plea deal or even go to trial. And this time, prosecutors can't use key parts of his statement.

Further complicating the situation is that Garcia's last day in prison is this Sunday, Aug. 17.

Honduran national flees to Virginia

According to court records, Garcia was living with his extended family at their home in Ship Bottom in 2019.

On Sept. 2, 2019, the family reported to police that Garcia had sexually abused his 8-year-old niece at the home.

Days later, Garcia fled to Fairfax County. He was soon found by police in Va. and was voluntarily brought in for an interview.

A detective with the Ocean County Prosecutor's Office drove down to speak with Garcia. Local police provided a bilingual translator, as Garcia spoke only Spanish.

Court records said that during the interview, Garcia admitted to using his fingers to molest his niece and wrote an apology letter.

However, the court found that Garcia, before writing the one-page letter, asked to clarify whether he could ask for an attorney. A police officer responded that it was "true" but did not elaborate, and Garcia did not ask again.

ALSO READ: Massive changes for NJ gig workers face growing pushback

The appellate judges said that due to the language barrier, Garcia's question was equivalent to actually asking for an attorney. They ruled that police, at that point, should have stopped the interview.

Any statements provided by Garcia after that, including the apology, must be thrown out.

What comes next for Lester Garcia?

According to state records, Garcia is due to be released from South Woods State Prison in Bridgeton on Sunday.

While the appellate decision gives Garcia the choice to withdraw his guilty plea, he is not forced to withdraw it. That would result in Garcia being released and then added to the sex offender registry, as decided in the original plea deal.

However, if Garcia does withdraw the plea, the prosecutor's office would have to pursue the case without key evidence. It could result in a plea to a lesser charge, or prosecutors dropping the case altogether.

New Jersey 101.5 has reached out to the Ocean County Prosecutor's Office and the Office of the Public Defender for information.

Report a correction 👈 | 👉 Contact our newsroom