Guilty Plea, Deportation in Rape and Strangulation case

DELHI - Delaware County District Attorney Shawn Smith announced that on June 10, 2025, Cruz Garcia, 45, of Fleischmanns appeared before the Honorable John L. Hubbard in Delaware County court and pleaded guilty to Strangulation, a Class D Violent Felony. As a result of this conviction, he is now clear to be deported by United States Immigration and Customs Enforcement (ICE). 

The original charges stem from a violent encounter in July of 2023. In August 2023, a three count Indictment was returned for Strangulation in the Second Degree, Unlawful Imprisonment in the First Degree, and Rape in the First Degree.  

Count One of the Indictment accused the defendant of strangling the victim to the point that she nearly lost consciousness. Count Two of the Indictment alleged that the defendant unlawfully restrained the victim under circumstances that exposed her to serious physical injury. Count Three of the Indictment accused the defendant of Rape in the First Degree and alleged that the defendant forcibly engaged in sexual intercourse without the victim’s consent by means of forcible compulsion. The victim was transported to the hospital emergency room because of the injuries sustained. Garcia has been incarcerated since his arrest for this incident.

These events occurred while the defendant was released on separate unrelated felony charges from Orange County, New York.  Specifically, on June 12, 2023, this defendant was arraigned on several felony charges in Orange County Court.  Those charges include Felony DWI and Aggravated Unlicensed Operation in the First Degree.  Unfortunately, due to New York State’s bail reform laws, the defendant was automatically released from custody on those felony charges.

This defendant lacked any legal status in the United States and was wanted by the United States Immigration and Customs Enforcement (ICE), due to a third unrelated criminal conviction, in addition to his charges here in Delaware County and prior to the Orange County indictment.

In Delaware County Court on June 10, 2025, Garcia pleaded guilty to Strangulation, a Class D Violent Felony, and admitted to Judge John L. Hubbard that he strangled his female victim with the intention of preventing her from breathing.  He further admitted that as a result of his actions, he caused impairment to the victim’s physical condition. At sentencing, the Court noted that the defendant had already been in custody for 459 days and found that based on the District Attorney’s assurance that the defendant would be deported, a sentence of time served was appropriate.

District Attorney Smith stated, “Once again I commend the New York State Police for their thorough investigation into this case, and I am grateful to the staff at Safe Against Violence (SAV) for their strong support for the victim. Cruz Garcia should never have been in this country to commit a violent felony in the first place, and he certainly should not have been allowed out of jail once he was arrested for felony charges in other jurisdictions. I thank ICE for their assistance in this case. I have been advised that the Delaware County Sheriff’s Office has transferred the defendant to ICE custody, and ICE has assured me he will be detained until he is deported.”

Shawn J. Smith

District Attorney

Delaware County