Murder Suspect Takes Plea In Weapons Charge
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MIAMI (CBSMiami) - A 46-year-old man awaiting trial on the murder of a Miami woman whose body has never been found accepted a guilty plea Wednesday for possessing two firearms as a convicted felon.
Police said a married John Paul Garcia had a romantic relationship with 44-year-old Larissa Macriello, whom he is accused of killing.
Garcia was fighting the legality of the search warrant that led Miami-Dade detectives discovery two handguns that he kept in the home he shared with his wife. His defense attorney Thomas Risavy argued that the warrant had been obtained under duress by Miami-Dade Police Detectives.
But Judge Stephan Millan disagreed saying Garcia's wife appeared calm and free to come and go as police questioned her.
Risavy later told CBS4 News that Garcia had no choice but to admit ownership of the handguns because of the overwhelming evidence.
Risavy told CBS4's Peter D'Oench that the guns were used by Garcia in any crime.
"There's been no evidence the guns were used in any way by him," Risavy told D'Oench. "When he had them they were just hidden in the house and he was not using them in the street. They were just there."
In surveillance videos from the police department, Garcia's wife confronts Garcia about the allegations of infidelity and murder.
It is after this conversation that she gives police consent to search their home.
Macriello's disappearance was reported on June 18, 2013 by the victim's brother Roderick Mokillo. Mokillo said he had not heard from her since June 3, 2013.
In addition to the first-degree murder charge, Garcia is also accused of grand theft for $40,000 in transfers from the victim's bank account to his.
Cell phone records showed Macriello's phone near Garcia's phone in the days after her disappearance, detectives said. Macriello's landlord told police she last saw her June 3, 2013. Macriello's car had been missing and was returned two weeks later, washed and detailed, according to police accounts.
Prosecutors have said in open court proceedings that the case is circumstantial, but that there is enough probable cause to keep Garcia behind bars until his trial.
A trial date has been set for September 28.
