A convicted Level 3 sex offender charged with a felony after failing to register entered the courtroom in Southold Wedensday crying, with loved ones comforting him.
“You’re a good man,” one said, as he wiped away tears.
Justice William Price read the charges to Felix Cruz Garcia, of Greenport, and said no bail could be set because of his prior conviction of a felony. He said he arraignment would be held over until Friday, allowing Garcia time to consult with an attorney. The matter will be moved to Suffolk County Court, with Southold justice court handling the misdemeanor charges, Price said.
Garcia was busted for failure to register and for loitering in Mitchell Park and the Third Street basketball courts, places where children gather, police said.
According to Southold Town police, Felix Cruz Garcia, 42, of Greenport, was arrested on Wednesday at 7:40 p.m. and charged with failure to register as a sex offender under New York’s Megan’s Law, a felony, as well as with two counts loitering, misdemeanors.
Garcia, a Level 3 sex offender — Level 3 offenders are believed to pose the greatest risk to the community, as well as the highest threat to re-offend — is required to verify his residence with local law enforcement every 90 calendar days. Garcia, police said, failed to verify as required; he was additionally charged with two misdemeanor counts of violating Suffolk County’s law regarding sex offenders after Southold police officers observed Garcia loitering in Mitchell Park and in the Greenport village basketball courts, police said. The loitering incidents occurred on Tuesday, police said; convicted sex offenders are not allowed within 100 feet of playgrounds and other locations where children gather.
According to New York State’s sex offender registry, Garcia was convicted in 2002 of rape in the third degree for an incident involving a 15-year-old girl in Riverhead. He was sentenced to 18 months to three years in state prison. Records indicate that the girl was a “non-stranger” and that no weapon or force was used.
Garcia was remanded to police custody until his arraignment Friday at 9:30 a.m. in Southold Town Justice Court.
Editor’s note: A criminal charge is an accusation. By law, a person charged with a crime is presumed innocent until proven guilty in a court of law.
