Pubdate: Fri,  1 Mar 2002
Source: Hutchinson News, The (KS)
Copyright: 2002 The Hutchinson News
Contact:  http://www.hutchnews.com/
Details: http://www.mapinc.org/media/1551

MAN WHO HUFFED GAS FUMES ON PROBATION

LARNED - A former Larned resident who "huffed" gasoline fumes in front of 
children was placed on probation Wednesday on three counts of endangering a 
child.

Rolando O. Garcia Jr., 24, was sentenced by Pawnee County District 
Magistrate Judge David Buster to a year in jail on each count, from which 
he granted probation.

Prosecutor say Garcia went to the home of co-defendant Rhonda M. Justice, 
26, in Larned on Dec. 5, 2001.

"Once inside, he discovered a teen-age girl huffing gasoline out of an open 
container and decided to join in," said Assistant Pawnee County Attorney 
Doug McNett. Two small children were also in the home at the time.

Garcia's court-appointed attorney, Phil Aldrich, Larned, argued during a 
Feb. 13 bench trial that Garcia's actions, while undisputed, shouldn't be 
considered criminal since the act of huffing gasoline isn't a crime in 
Kansas. Garcia didn't buy the gasoline and had no particular duty to 
protect the minor children in the home, he contended.

Buster pointed out the inherent danger of gasoline fumes before pronouncing 
sentence. Aldrich said Garcia plans to appeal the conviction and sentence.

Co-defendant Rhonda Justice previously pleaded guilty to one count of 
endangering a child and was placed on probation.
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