Judge rejects request to vacate plea deal

Nov. 18—Phil Garcia's latest attempt to be released from prison has been rejected by visiting Judge David Fuhry.

Garcia has been in prison since July 2020, when he was sentenced to 18 years in prison after pleading guilty to four counts of compelling prostitution, third-degree felonies, and seven counts of sexual imposition, third-degree misdemeanors.

Garcia appealed the sentence, claiming that he was sentenced to more than the statutory maximum on three of the compelling prostitution charges. Prosecutors agreed, and the 11th District Court of Appeals ordered Fuhry to conduct a new sentencing hearing.

Garcia was sentenced again, to 10 years in prison, this time, but at the sentencing hearing, an attorney for the state argued that Garcia should receive the maximum sentence allowable by law.

Garcia's attorney argued in a filing to the Ashtabula County Court of Common Pleas that the request violated the plea agreement, and therefore, the court should vacate Garcia's guilty plea and release him from prison.

The state argued against the motion, stating that the plea agreement was ambiguous on the matter.

The motion was initially filed in the 11th District Court of Appeals, and was sent back to the Ashtabula County Court of Common Pleas to be decided upon.

Last week, Fuhry, who is overseeing the case after all of the Ashtabula County Court of Common Pleas judges recused themselves, denied Garcia's motion to vacate his guilty plea, according to court records.

Garcia also has an appeal currently pending before the 11th District Court of Appeals, according to court records.

Garcia is a former caterer, high school sports referee, and Conneaut City Councilman. He was indicted on a variety of charges, including rape and compelling prostitution.

At sentencing, prosecutors said Garcia preyed on young, Black boys through his catering business.