New trial, reduced sentence denied for Barry Garcia
BISMARCK (KFGO) – The North Dakota Supreme Court has upheld the decision of a Cass County District Court judge in the case of Barry Garcia, who was sentenced to life without parole in the street gang-related shooting of a West Fargo woman in 1995.
Judge Wade Webb ruled that Garcia was not entitled to a new trial in the murder of Cherryl Tendeland.
He also decided that Garcia was not eligible for a reduced sentence based on a state law passed two years ago that said people tried as an adult for a crime committed before they were 18 should be given a chance for parole after serving 20 years.
Prosecutors argued that the law did not apply to Garcia saying the legislative intent was for murder convictions that came after it was passed in 2017.