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Mother sentenced to 10 years in toddler's fatal shooting
Attorneys on both sides argued that son's death was the result of 'generational abuse'
A judge sentenced an sa国际传媒官网网页入口 mother to 10 years in prison Wednesday after her child shot and killed himself with a gun that was left unattended in April 2025.
Second Judicial District Judge David Murphy sentenced 21-year-old Amillia Garcia on one charge of abandonment of a child under 13 resulting in death from a firearm and tampering with evidence in the death of her 2-year-old son, Leon.
鈥淭his case presents unique challenges outside of what is so horrible and tragic,鈥 Murphy said. 鈥淚t involved delving into the consequences of generational abuse. What I鈥檓 mindful of in sentencing a case like this is that the scales will never be balanced. Leon Jr. has lost his life.鈥
鈥淚 wish you well,鈥 Murphy told Garcia after her sentencing. 鈥淚鈥檓 sorry for the loss of your child.鈥
Upon her release, Garcia will serve five years of probation.
Garcia pleaded guilty to the charges in March, saying she wanted to take accountability for her son鈥檚 death and that she lived with the guilt of his passing every day.
鈥淭here is no punishment that could amount to the pain I have endured at the loss of my son,鈥 Garcia told the judge. 鈥淚 will grieve my son for the rest of my life.鈥
Murphy did not classify the crime as a serious violent offense, noting that while the decision to leave a loaded gun out in a household of children was negligent, it could not be deemed reckless or with the outright intention to commit a violent offense. Because the crime was not classified as a serious violent offense, Garcia could see her sentence reduced by 50% for good behavior.
Three other co-defendants who were at the apartment during the shooting have been prosecuted for their parts in the case after two took the gun and left the apartment in what a state attorney described as an attempt to hide evidence from law enforcement.
Both prosecutors and defense attorneys argued that Garcia鈥檚 son鈥檚 death was the result of generational trauma that Garcia faced at the hands of her family, with attorneys noting that Garcia initially obtained the gun 鈥 which had an extended magazine 鈥 to protect herself from her father.
Attorneys said Garcia grew up in a household of abuse that continued into her adult life, leading her to purchase the gun to defend herself.
A petition for protection from domestic abuse filed in 2nd Judicial District Court by Garcia states that her father had sexually abused her for 鈥渁n extended period of time鈥 and notes that he continued to contact Garcia despite a no-contact order.
As part of her sentencing, Murphy said that Garcia will not be allowed to communicate with her father under any conditions.
Garcia鈥檚 grandmother, who currently has custody of Amillia Garcia鈥檚 other son, spoke in Garcia鈥檚 defense. She said Garcia was an involved mother who spent her days making sure her children were 鈥渕eticulously dressed鈥 and celebrated holidays to the fullest extent.
鈥淪he can be a great mom,鈥 Garcia鈥檚 grandmother said. 鈥淪he just needs some guidance and she needs to listen to the proper guidance. I just want the court to have mercy on her and (her other son) because it鈥檚 his sentence as well.鈥
Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.