Last Updated on April 19, 2024 by BVN
From its beginning, the case against Adam Garcia was riddled with conflicting official documents.
Whether legitimate errors, sloppy work, intentional malfeasance, or a combination, the charges against Adam and the appearance of a haphazard judicial process, has created turmoil in Adam’s life and raised serious questions about the integrity of the Riverside County criminal justice process.
Adam is accused of serious crimes by Riverside County District Attorney (RCDA) Michael Hestrin. They include being over the age of 21, and enticing a minor under 16-years-old to a location to engage in unlawful sexual intercourse.
Who is Adam Garcia?
Previously, a longtime Riverside County resident, Adam was 33 years-old when arrested and worked at a restaurant. He loves art, music, had dreams of owning an art gallery, and plans for his own signature hot sauce.
Adam claims he is innocent, doesn’t know the victim, and says the alleged events described by RCDA in the case, never occurred.
Since his arrest, Adam has studied law and legal processes, representing himself (pro per) against what he views as “an illegal arrest and criminal charges.” With the charges pending, Adam is unable to find employment, his life is on hold, and his future… uncertain.
Conflicts in the case from the start
Court records show the case against Adam began on March 23, 2018, when deputy district attorney (DDA) Samantha Paixao filed an electronic complaint. The court also shows Adam was arrested on March 9, 2017, however, Adam says no arrest occurred.
The alleged incident happened within the jurisdiction of La Quinta. Its police department captain, Misty Reynolds’ email explained, their department “signed the arrest warrant declaration [for Adam] on March 8, 2017,” but, “did not make an entry about an arrest on March 9, 2017.”
Adam is arrested, claims “not Mirandized”
Adam’s life forever changed when the Newport Beach Police Department (NBPD) arrested him October 26, 2018. However, it remains a mystery how NBPD learned of the April 2, 2018, Riverside County arrest warrant.
Adam and his mother, M. Garcia, were inside the family recreational vehicle outside a Newport Beach hotel when two police officers contacted them claiming the hotel complained about their internet use. M. Garcia recalled denying the allegations, and moving the vehicle.
Later, they were surrounded by 8 to 10 police vehicles, the officers held Adam, his mother, and brother at gunpoint, handcuffing Adam and placing him under arrest. Adam claims no advisal of being placed under arrest, no arrest warrant was presented, and no Miranda Rights were read.
NBPD records show Adam was arrested before the warrant abstract (no arrest warrant) was received from Riverside County Sheriff’s Department (RCSD). Adam’s bail was set at $25K; his family raised the money, and bailed him out.
The missing arrest warrant
Adam requested a copy of the April 2, 2018, arrest warrant from RCSD, RCDA, and the court.
At the court clerk’s office, they obtained RCSD Investigator Kenneth Willow’s declaration, with a note acknowledging it was the only document available in court records related to the warrant.
Federal Bureau of Investigation (FBI), Criminal Justice Information Services Division records, which reflect all arrests and warrants, show Adam’s October 26, 2018, arrest occurred, but no warrant.
FBI and court records conflict. Black Voice News’ examination of the court’s register of actions found no arrest warrant on April 2, for Adam. A warrant abstract indicates an arrest warrant issued April 2, 2018, by Indio Superior Court Presiding Judge Becky Dugan. Willow’s declaration shows Judge Villalobos approved $25K bail on April 1.
A copy of the April 2, 2018, warrant has not been located.
A questionable bench warrant
By March 2020, COVID-19 gripped the nation, its people, and its institutions, including superior courts where criminal cases are heard and decided.
Adam’s case continued its journey through the justice system at a time when court hearings were sporadic and he was not receiving notice; Adam discovered that notices from December 2018, to January 2023, were mailed to an Aladdin Bail Bonds address in San Jose. Aladdin is the company that issued his bail.
After being made aware of a hearing by a district attorney receptionist, on August 3, 2020, Adam emailed DDA Molly Tucker advising he was enroute for his hearing, when Adam appeared at the Larson Justice Center in Indio, Allied Universal Security staff (Allied) prevented his entry over COVID-19 concerns.
Adam, missing his hearing, petitioned Allied staff, who advised they would contact the bailiff, and recommended Adam return in the afternoon, after which Allied staff directed Adam and M. Garcia to the DA’s office where they were kicked out.
Adam then called the court and was advised to file a request for a hearing, which court records show Adam filed the same day.
Despite Adam’s efforts, on August 3, 2020, the court clerk issued a bench warrant and sent a Notice of Forfeiture of Bail to Aladdin Bail Bonds.
Adam subsequently filed a motion and declaration testifying to his August 3, 2020, court appearance and entry denial with emails from Allied, and requesting the bench warrant be recalled.
With the November 18, 2020, hearing on the bench warrant approaching, the court denied Adam’s request for an emergency continuance due to family illness.
In Adam’s absence, DDA Tucker held an ex-parte hearing, persuading judge Hopp to retain the bench warrant. Adam was not notified of the court’s decision.
On March 28, 2021, Adam, his mother and brother, unaware Carchi was after Adam, noticed an unmarked car following them.
Carchi, accompanied by three men, confronted Adam inside their Studio City parking structure, guns at Adam, his mother, and brother. Carchi displayed sheriff emblems on his clothes, declared he was a sheriff and demanded Adam exit the vehicle and surrender. Carchi told them his name was David.
Adam surrendered, was handcuffed, and placed in the unmarked SUV. Enroute to jail, Adam recalled, Carchi stopped at Starbucks leaving him handcuffed in the SUV for about 15 minutes. Upon returning, Carchi refused Adam water.
Carchi then traveled to the Los Angeles Twin Towers Jail, leaving Adam inside the SUV for about 45 minutes. “[I]t was just really hot inside, you know. [It] felt like torture, intentional torture, I thought I was going to die.”
Records show it was 85 degrees that day. According to the journal, Pediatrics, a car’s interior can heat up by an average of 40 degrees Fahrenheit within an hour, regardless of ambient temperature. It also noted 80% of the temperature increase can occur within the first half-hour.
Adam says Carchi then transferred his custody to a plainclothes man who exchanged Adam’s handcuffs, and put on ankle shackles, placing him in an unmarked car. Adam was then transported to the Robert Presley Detention Center in Riverside and booked.
Enroute, Adam questioned the man in plainclothes. Who did he work for? What was his name and badge number? The man replied his name was Ricardo and all were part of a Riverside County District Attorney Special Unit, while withholding his badge number.
Adam, jailed, his relatives obtained $25K bail from Tenwick’s All-Mobile Bail Bonds (Tenwick’s), securing his release. Court records show the bench warrant remained active.
Court negligence and Carchi’s interference led to a 2nd illegal arrest
On March 29, 2021, Carchi discovered Adam was released, Carchi contacted Tenwick’s, convincing them Adam’s relatives provided false addresses, that their use of a P.O. Box on their bail documents was suspicious, and raising doubt Adam would attend court.
Carchi alleges Adam and his family members used post office boxes as their home addresses, and moved to an address in Studio City, where he tracked down Adam.
Jose Garcia of Tenwick’s claims he did not know the family was using a P.O. Box. Tenwick’s Co-Owner, Terry Tenwick, also claims in her written statement that Adam’s family phone was disconnected on March 31, 2021, Jose Garcia claimed no one responded to phone/text messages left on March 29, that M. Garcia attempted to have Jose Garcia sign a declaration rather than be subject to future legal action.
In response, M. Garcia provided an authorized recording of their telephone service provider assuring the telephone lines were in service until July 7, 2021.
M. Garcia explained to Jose that Adam could decide that his testimony was necessary, which could be done through a declaration or through a subpoena issued by the court. Jose informed M. Garcia that Tenwick’s does not allow its employees to provide declarations.
Written Statement from Terry Tenwick Co-Owner of Tenwick’s All-Mobile Bail Bonds
Carchi’s contact with Tenwick’s persuaded their agent Michael Casas that Adam was being rearrested and to hire Carchi to locate and re-arrest Adam.
M. Garcia’s Conversation with Wireless Service Provider, Life Wireless
On April 26, 2021, Carchi located Adam in the City of San Fernando. The video reveals Carchi with an “Investigator” badge, guns, and handcuffs, accompanied by a similarly-equipped individual, demanded Adam surrender.
The Garcia family was staying at a relative’s home while mold was removed at their residence, a situation the bail company was aware of according to M. Garcia.
Again, Carchi transferred Adam’s custody to Ricardo of the “Special Unit” who again delivered him to the Robert Presley Detention Center about two and a half hours later.
Enroute Adam observed Ricardo receiving communications from an unknown person. Adam overheard, “Hey, don’t have [him] – book[ed] until the DA talks to him.”
“[I]t’s kind of weird that the DA wants to talk to me,” Adam wondered. “So, I thought that possibly some other intentional torture might come about if I met that DA,” Adam dreaded.
With both arrests, Adam recalls how he felt unsafe until he was booked, testifying, “I was fearful throughout the entire time.”
Adam shared both times enroute to jail he was driven at speeds of over 100 miles per hour worrying, “That’s dangerous. We could die, going that fast.”
Adam further observed all individuals involved in both arrests with Carchi, looked like law enforcement, with guns, vests, handcuffs, and badges. In response to Adam’s questions, Carchi claimed to be both a sheriff, and part of the Special Unit of the Riverside District Attorney.
Adam admitted that during both arrests he prayed, “I just decided to pray and I decided to pray out loud.” Adding, “I had to do it because I feared for my life.”
Both times Adam was booked at the jail, Ricardo of the “Special Unit” did not provide jail intake with any arrest warrant or documentation from the bail companies authorizing his arrest.
At jail intake the second time, Adam recalled the Riverside County Sheriff Deputy remarking to Ricardo, normally we are given documentation.
A 10-fold bail increase
On April 26, 2021, DA Investigator Dennis Porras, along with Carchi, signed declarations recommending a bail increase to $500K to ensure Adam’s court appearances. Carchi signed his declaration “investigator.”
The Declaration for Increased Bail, revealed on April 26, at allegedly 7:07 p.m., in the DDA’s presence, RSC Judge David Gunn increased Adam’s bail ten-fold to $250,000 based on Porras’ and Carchi’s declarations. Court records show no April 26 entry, only an entry for the Declaration for Increased Bail, and Affidavit for Undertaking of Bail filed on April 28.
Porras’ declaration confirms, “Deputy District Attorney Tucker has been in contact with Otto Carchi.”
Adam obtained Terry Tenwick’s statement from Tenwick’s bonding company, Banker’s Insurance where Tenwick stated, “I did not fully understand the purpose of the call from an unknown investigator; I was left with the impression that Carchi was working with the Riverside DA’s Office to apprehend the defendant.”
DDA Tucker emailed Adam a 12-page Declaration for Increased Bail with attachments alleging to be the document filed with the court, however, when pressed, Tucker provided only a 2-page filed-stamped copy of the Declaration referring to Carchi’s Declaration and Tenwick’s statement.
Bounty Hunter Carchi “not licensed” bounty hunter, unauthorized to carry a firearm and operating under an unlicensed “suspended” business
A Bureau of Security and Investigative Services (BSIS) email confirms no investigator license for Carchi while claiming to be an investigator in several declarations, claimed to work as an investigator by multiple bail companies, and had an investigator badge.
Carchi’s firearms permit application from BSIS reveals a 1998 arrest and conviction for an unpermitted concealed weapon in a vehicle. BSIS records show Carchi’s firearm permit was canceled.
BSIS records confirmed Carchi is not authorized to carry a firearm, and is not a licensed investigator.
Tenwick’s authorized Carchi through a contract with LA Fugitive Services to arrest Adam. Certificates from the California Department of Insurance (CDI) confirm no license under LA Fugitive Services.
LA Fugitive was not found as a business entity at the California Secretary of State (SOS), or in business records at Ventura or Los Angeles Counties.
California Surety Investigations, the company hired by Aladdin Bail Bonds that contracted with Carchi, has a canceled license at CDI.
Carchi received a $2,500.00 check from Tenwick’s payable to the U.S. Clandestine Fugitive Operations, LLC., referencing payment to Otto for Adam’s arrest.
Certificates from CDI confirm no license as a fugitive recovery agent under Otto I. Carchi, LA Fugitive Services, or U.S. Clandestine Operations, LLC.
The Franchise Tax Board suspended U.S. Clandestine Fugitive Operations, LLC. on April 2, 2019, according to SOS records, with agent, Otto I. Carchi, using a post office box. Suspended corporations are prohibited from conducting business.
California law required fugitive recovery agents complete 40-hours of instruction certified by California Police Officer Standards and Training, and 20-hours of pre-licensing classes, and if they have a felony conviction, be licensed by CDI. Effective July 1, 2023, bounty hunters are required to be licensed with CDI.
Carchi, without legal authority, without a license, arrested Adam and transported him to another county. California law defines kidnapping, in part, as when a person, by means of instilling fear, arrests any person, carrying them into another county.
“I am afraid for my life,” Adam confided, “I am afraid I may get kidnapped again by Carchi or by the DA.”
Adam hopes sharing his story may help others and those with similar experiences will come forward with their stories. Adam would like to have the State Attorney General to look into his case.
Adam Garcia, is facing serious felony charges before the Riverside Superior Court. Conflicting official records in this case call into question the validity of the charges against him. Watch for Part 2 of Adam’s story in the coming weeks.
This article was updated on October 17, 2023, for added clarity and to reflect additional pertinent information.
Due Process: Seeking Justice in Southern California’s Inland Empire
Introduction – Searching for Accountability
Part 1: “I Fear for My Life” Adam Garcia’s Nightmare