After six delays, trial set for 2022 fatal motorcycle crash on Interstate 380 in Cedar Rapids

Background

CEDAR RAPIDS — A motorcyclist likely never saw the black Buick Enclave that started to take the Highway 30 exit from southbound Interstate 380, but then veered to the left down a grassy embankment and back onto the interstate, striking the cycle broadside on May 5, 2022.

Upon impact, Jeffery Lankford, 53, of Cedar Rapids, was thrown off his motorcycle, which was in the southbound inside lane, and became “pinned against the median cables” dividing the northbound and southbound lanes, according to a criminal complaint. Lankford died at the scene.

The Enclave driver, Carlos Adail Garcia, 42, of Cedar Rapids, had signs of being intoxicated but refused to take field sobriety tests after Cedar Rapids police officers arrived, the complaint stated. Garcia also became “combative” with officers and refused their commands as they attempted to execute a search warrant for a blood sample.

Officers at the scene still were able to determine Garcia was under the influence of alcohol and/or drugs, according to the complaint.

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He had watery bloodshot eyes, slurred speech, unsteady balance and a “strong odor of an alcoholic beverage emanating from his person,” a search warrant affidavit stated. Garcia told an officer he had consumed two beers at El Paraiso Mexican Bar and Grill.

During a search of Garcia’s pockets, officers found a mint container, which contained six plastic bags of what tested positive for cocaine. All the baggies together weighed about 5 grams.

Garcia, who was taken to the hospital by officers, “momentarily” disarmed one of the officers of a knife and almost took his baton, as well, the complaint stated. The safety latch over the top of his duty pistol also was opened by Garcia.

Garcia was charged with vehicular homicide and disarming a police officer, both felonies; operating a vehicle under the influence of alcohol and/or drugs and possession of a controlled substance-cocaine, both serious misdemeanors; and interference with official acts, a simple misdemeanor.

Sixth Judicial Associate District Nicholas Scott set a $100,000 cash-only bail for Garcia. Later, another judge, Russell Keast, changed it to allow either cash or a surety bond, which Garcia posted May 28, 2022. He was released to the supervision of the 6th Judicial District Department of Correctional Services pending his trial.

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What’s happened since

Garcia’s trial has been delayed six times. Those continuances, asked for by the defense, stated his lawyers needed more time for discovery and depositions. He also switched lawyers at least once.

His original trial date was Nov. 15, 2022. It was then reset to March 2023 and then June 2023. He has asked for four more continuances of his trial this year.

During the delays, and while Garcia was on pretrial release, he was arrested April 27, 2023, and charged for drug tax stamp violation, a felony, and two misdemeanors — possession of a controlled substance and interference with official acts.

During a traffic stop on 33rd Avenue SW and I-380 southbound, police found various edible products all containing THC in Garcia’s vehicle, according to a criminal complaint. He admitted the drugs belonged to him.

Garcia also didn’t listen to the officers’ directions during the arrest and physically resisted as they attempted to put him into a police vehicle, a criminal complaint stated.

A violation report for pretrial services detailed the offense. A probation officer and treatment coordinator with correctional services asked the court to revoke Garcia’s pretrial release.

Assistant Linn County Attorney Molly Edwards filed a motion to revoke his release, which Associate District Judge Heidi Carmer granted May 4, 2023, and set his bail at $100,000 cash-only.

Garcia pleaded guilty in March to both misdemeanor charges in the April 2023 charges. He was sentenced to 30 days in jail.

His trial now is set for Nov. 12.

He remains in jail under a $75,000 cash-only bail, which was lowered after his last bail review. If convicted in the fatal crash, Garcia faces up to 30 years in prison.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com