JACKSON (WNE) — A defendant who was charged with interference for not allowing a blood draw after a traffic stop was ordered to spend 75 days in jail.
Christian Garza was sentenced last …
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JACKSON (WNE) — A defendant who was charged with interference for not allowing a blood draw after a traffic stop was ordered to spend 75 days in jail.
Christian Garza was sentenced last week, almost three years after his arrest.
Garza was convicted of interference after a 2018 jury trial in Teton County Circuit Court. He appealed that decision, but the Wyoming Supreme Court ruled earlier this year that refusing an officer or judge’s search warrant can be criminal interference.
“It needs to be clear to the public that you don’t get rewarded for refusing the warrant,” Teton County Chief Deputy Prosecutor Clark Allan said at the sentencing hearing.
Garza’s attorney, Alex Freeburg, argued that since his client was peaceful and didn’t resist or try to fight with the arresting deputy that the crime shouldn’t constitute interference. Freeburg also believes his client was not drunk when he was pulled over in December 2017.
“It would have been a very difficult DUI to prove for the state,” Freeburg said in court, arguing for a seven- to 10-day sentence.
He said Garza felt profiled as a Mexican American man and refused a breath test and the search warrant for his blood.
Under Wyoming law, officers can ask a judge to sign a search warrant for defendants’ blood if they refuse a breath test.
Garza maintains that it seems unconstitutional for the government to be able to take his blood through a warrant.
Garza has since moved to Texas and will have to travel back to Teton County to serve his jail sentence.