Spain pleaded guilty Monday in Butler County Common Pleas Court to a lesser charge of involuntary manslaughter with a three-year gun specification. The remainder of the charges, which were allied offenses, were merged.
Credit: Provided
Credit: Provided
Judge Greg Howard set sentencing for Nov. 1. Spain faces a maximum of 14 years in prison — a mandatory three years for using a gun in the offense and up to 11 years for involuntary manslaughter.
During the plea hearing, the prosecutor acknowledged Sydney’s mother, Stephanie Garcia-Tovar, is not in agreement with the plea bargain. The mother, seated in the front row, nodded her head yes when asked by the judge about her opposition.
Stephanie Garcia-Tovar declined comment after the hearing.
Butler County Prosecutor Michael Gmoser said he will have an explanation at sentencing.
“I completely understand a parent’s loss of a child and I am not going to be critical of anything she disagrees with,” Gmoser told the Journal-News. “But I will give a detailed explanation after sentencing on how this system works and why it was absolutely necessary in this case.”
In September 2022, Fairfield Twp. Police arrested Spain for murder, and the case was heard in Butler County Juvenile Court because of his age at the time of the alleged offense. The case was bound over to adult court by a juvenile judge in October 2022 for grand jury consideration, and an indictment was returned. He is being held in lieu or $1.5 million bond.
Howard has been presiding over co-defendant Markeylnd Townsend’s case since his indictment in 2021. Townsend, 24, was arrested two weeks after the homicide on an unrelated aggravated robbery charge in Hamilton and was sentenced in April 2019 to three years in prison.
While in prison, Townsend was indicted in April 2021 for murder with a gun specification and felonious assault. He too is accused of firing a weapon into a car full of people driven by Garcia-Tovar. He is being held on a $500,000 bond.
A trial date has not been set for Townsend. He is scheduled to be back in court Oct. 4 for a hearing, and likely a change of plea.
Garcia-Tovar of Hamilton was fatally shot while behind the wheel of a car in the parking lot outside the apartment complex. She was pronounced dead the next day. A second gunshot victim survived.
According to court documents, Spain is the person who fired the shot that killed Garcia-Tovar.
Spain “did shoot and kill Sydney Garcia-Tovar. Victim was shot in the head,” according to the court offense document signed by Fairfield Twp. Police Sgt. Brandon McCroskey. The court document also accuses Spain of firing a 45-caliber handgun into Garcia-Tovar’s occupied car.
At the time of Garcia-Tovar’s death, Spain lived on Wildbranch Road, where the shooting occurred.
According to prosecutors, the fatal shooting was part of a drug deal and robbery plot.
Garcia-Tovar and three others drove to the area for a drug deal with the back seat passengers believing it would be a robbery of the people drugs were being sold to. Prosecutor Brad Burress said one back seat passenger was carrying a gun that was inoperable.
Spain and others approached the vehicle, there were words exchanged, and Spain and another opened fire on the car.
Garcia-Tovar was driving away when she was hit in the head with a round fired by Spain’s 9mm firearm.
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