New Charges Filed Against Kidnapping Suspect

Pueblo County Sheriff's Office

A man accused of kidnapping two Pueblo girls is facing new charges in one of those cases.

Jose Garcia, 29, is accused of the kidnapping that triggered a statewide Amber Alert. The four new charges pertain to that case. According to a complaint form, the charges are: second degree kidnapping, two counts of sexual assault on a child and child abuse.

The complaint form doesn’t go into detail on the reasoning behind the charges, but says he applied force in order to have sexual contact.

According to court documents, the victim told police she was punched in the face and had her hands bound.

Garcia was arrested on January 19, one day after allegedly kidnapping the 9-year-old girl. The victim managed to escape Garcia after his truck got a flat and a Good Samaritan brought the pair to a Springs Circle K; the 9-year-old saved herself by placing a call to 911. Police are calling the child a hero. Read the entire story here.

Garcia is also facing charges stemming from another alleged kidnapping and sexual assault. He is accused of picking up his ex-girlfriend's daughter from school and sexually assaulting her. In that case, he is charged with second-degree kidnapping and sexual assault on a child by one in a position of trust for crimes against his ex's daughter.

According to an arrest affidavit obtained by 11 News, Garcia told both the school and his ex's child that he was signing her out to go to a dentist appointment. Instead, he took the child back to his home, where he touched her inappropriately.

The victim told officers that Garcia never said anything during the crime, but that he "seemed tired" and "was wobbly."

Garcia brought the victim back to school 30 minutes later. The victim goes to the same elementary school Columbian, that the 9-year-old kidnapped Thursday attends.

The new charge against Garcia appeared on the Pueblo County Sheriff's Office database Monday afternoon. While the other was kidnapping in the second degree, the new kidnapping charge is in the first degree.

Garcia is not eligible for bond because of a probation violation. He was on probation for a criminal mischief charge.

11 News is also asking Pueblo police some tough questions about the two cases.

Why did it take so many hours to link two kidnapping cases from the same school? One girl was taken and reportedly molested by Jose Garcia. Police knew who the suspect was in that case at that time. Just a few hours later, another girl, from the same school, was kidnapped on her way home, sparking a statewide Amber Alert.

"We're following along [with] 11 News and the conversations that are on the news, and we have the same questions with what happened with this Amber Alert,” family friend Rudy Valles said. “Why was it not guaranteed, especially when it is coming out that the neighbor was abused."

The nine-year-old was reported missing shortly after she didn't return home from school Thursday, but the alert didn't go out until early Friday morning.

"We have to have a sufficient amount of criteria to put it out,” Capt. Rich Goddard, with the Pueblo Police Department, said. “We were working towards that from the beginning."