Deadly consequences: Judge rejected mom's bid for restraining order (Victorville, California)

More information on daddy/killer STEPHEN GARCIA from Victorville Daily Press.

http://www.vvdailypress.com/news/order-17122-bid-rejected.html

Deadly consequences: Judges rejected mom's bid for restraining order

February 03, 2010 5:39 PM
Beatriz Valenzuela

VICTORVILLE • A woman whose ex-boyfriend murdered their infant son and then killed himself had sought a restraining order from two San Bernardino County judges only days before the murder-suicide, according to court records (click here to view records) obtained by the Daily Press.

Katie Tagle petitioned two San Bernardino County court judges for a restraining order only days before her former boyfriend, Stephen Garcia, killed himself and their 9-month-old son, Wyatt. Both requests were denied — in spite of Tagle telling a local judge that Garcia had threatened to kill their son.

“My suspicion is you’re lying,” Judge Robert Lemkau said, according to transcripts from a Jan. 21 hearing in Victorville court, “but I’m keeping the custody orders in full force and effect.”

Wyatt was then turned over to Garcia that day. Both Garcia and the child were found dead 10 days later on a Twin Peaks dirt road, after Garcia took Wyatt during a court-ordered visitation.

“Having that restraining order really could’ve helped this situation and possibly may have swayed a judge to grant supervised visitations,” said Anita Gomez, case manager for A Better Way Domestic Violence Shelter.

Lemkau, who couldn’t be reached for comment, denied to make permanent a temporary restraining order signed by another judge — who at first denied Tagle’s original restraining order request.

Family members said when Tagle went in front of Judge David Mazurek in a Joshua Tree courtroom on Jan. 12, Mazurek denied the permanent restraining order despite the 23-year-old reporting Garcia had recently been abusive to her.