Suspects enter innocent pleas in shooting

FORT SMITH -- Two men who were arrested in connection with a shooting that took place at a Fort Smith apartment complex last month pleaded innocent to multiple charges during their arraignments Thursday.

Jerry Garcia was arraigned on three counts of terroristic act and one count of felon in possession of firearm in Sebastian County District Court, according to Prosecuting Attorney Dan Shue. All of these charges are Class B felonies.

Shue also said that Garcia wants to hire his own counsel, and an inquiry has been set for Jan. 14 for the court to determine if he has secured that counsel.

Antonio Estupinian, Shue said, was arraigned on three counts of terroristic act. A public defender was appointed to represent him. A preliminary hearing has been set for Feb. 25.

Garcia and Estupinian, as well as an unidentified juvenile, were arrested in connection with the shooting, Fort Smith Police Department spokesman Aric Mitchell wrote in a Jan. 3 email. The incident took place late Dec. 30 or early Dec. 31. The investigation is ongoing.

Fort Smith police officer Dana Scott was dispatched to Allied Gardens Estate at 5221 Johnson St. in Fort Smith on Dec. 30 for a shots-fired call, according to a redacted incident report provided by Mitchell on Dec. 31. A resident at the apartment complex told police that his window and a van in the parking lot had been shot up.

Police would go on to discover a silver Acura with five bullet holes at the complex, according to the report. The owner of the vehicle was located and told police he had been talking to a female co-worker and that her boyfriend did not like it.

Another victim reported that a bullet went through a window, a bathroom wall, a bathroom door and into a bedroom at the victim's apartment.

Mitchell said Dec. 31 that no injuries had been reported as a result of the incident.

State Desk on 01/12/2020

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