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June 30, 2009

Forfeiture sought by prosecutors

By BOB GIBBINS

Cherokee County prosecutors started the process Friday afternoon for the forfeiture of a vehicle seized earlier this year by sheriff’s deputies.

A notice of seizure and forfeiture was filed concerning Enrique Garcia’s 1994 Chevrolet Camaro. The notice shows it is being given to Enrique and Porfirio Garcia.

Enrique Garcia, 18, was formally charged June 1 with trafficking in illegal drugs. He is free on a $10,000 bond on the trafficking count.

The forfeiture proceeding is civil and separate from the criminal charges pending against Garcia. If he doesn’t contest the forfeiture within a certain time set by statute, the DA can ask the court for an order forfeiting the car to the state. The car can then be sold at a public auction or used by law enforcement.

If Garcia does contest the forfeiture of the car, a hearing will be set and a judge will determine whether the vehicle meets the statutory requirements for forfeiture to the state.

Chad Locke, a Muskogee attorney, represents Garcia in the felony trafficking case. It is set on Associate District Judge Mark Dobbins’ July 6 felony sounding docket.

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