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District Attorney Press Releases

Posted on: July 16, 2021

Grand Jury indicts man for March 2021 capital murder

This week, Bexar County Grand Juries handed down 237 felony indictments.

Noah McGary is charged with capital murder. The indictment alleges that on March 5, 2021, McGary intentionally caused the death of Hector Chavera by shooting Chavera with a deadly weapon (firearm) and McGary was in the course of committing or attempting to commit the offense of robbery of Damon Tampke. This case is being prosecute by the Criminal Trial Division in the 226th District Court. Capital murder is punishable by life in prison without parole or the death penalty.

Michael Garcia is facing multiple charges. One indictment charges him with aggravated sexual assault. The indictment alleges that on Aug. 18, 2016, Garcia used a knife to compel a complainant to submit and participate by threatening to use force and violence against the complainant and the complainant believed Garcia had the present ability to execute the threat. A second four count indictment charges Garcia with aggravated sexual assault. It alleges that on April 2, 2011, Garcia used a firearm to compel a complainant to submit and participate by threatening to use force and violence against the complainant and the complainant believed Garcia had the present ability to execute the threat. A third four count indictment charges Garcia with sexual assault. The indictment alleges that on June 6, 2006, Garcia compelled the complainant to submit and participate in a sex act by using and threatening to use physical force and violence. These cases are being prosecuted by the Family Violence Division in the 290th District Court. Aggravated sexual assault is a first degree felony punishable by 5 to 99 years or life in prison and a possible fine of up to $10,000.

Dan Curtis Fitts is charged with failure to stop and render aid causing death. The indictment alleges that on June 10, 2020, Fitts intentionally and knowingly drove a vehicle that became involved in an accident that resulted in death to Quan Van Bach, and Fitts, knowing said accident had occurred, intentionally and knowingly failed to determine whether a person was involved in the accident and determine whether that person required aid, and the accident resulted in the death of Van Bach. This case is being prosecuted by the Criminal Trial Division in the 437th District Court. Failure to stop and render aid causing death is a second degree felony punishable by 2 to 20 years in prison and a possible fine of up to $10,000.

Cody Lee Canfield is charged with theft from an elderly person. The indictment alleges that on Feb. 22, 2021, Canfield, with intent to deprive the owner, an elderly individual, of property, namely: one dog, did unlawfully, without the effective consent of the owner, appropriate property by acquiring or otherwise exercising control over the property, which had a value of $750 or more but less than $2,500. This case is being prosecuted by the Criminal Trial Division in the 175th District Court. Theft from an elderly person between $750 and $2,500 is a state jail felony punishable by 180 days to two years in jail and a possible fine of up to $10,000.

Dezi James Rios is charged with failing to stop and give information over $200 damages. The information alleges that on July 5, 2021, Rios intentionally and knowingly drove a vehicle that became involved in an accident resulting in damage to a vehicle, and Rios, knowing said accident had occurred, intentionally and knowingly failed to give his name, address, registration number of the vehicle he was driving and the name of his motor vehicle liability insurance to Ara Halibian, who was the driver of the vehicle Rios collided with, and the damage to the vehicle Rios collided with resulted in a pecuniary loss of $200 or more. This case is being prosecuted by the Misdemeanor Trial Division in County Court #4. Failing to stop and give information over $200 damages is a Class B misdemeanor punishable by up to 180 days in jail and a possible fine of up to $2,000.

An indictment is not a finding of guilt. A person charged by indictment is presumed innocent until found guilty beyond a reasonable doubt by a jury or a judge. Because these and potentially other cases are either pending or may be under investigation, we can make no further comment on them.

Copies of indictments may be requested from the Bexar County District Clerk. Information on court settings can be found by searching the case online or directly from the court. 

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