Victoria man found guilty of assaulting girlfriend

Oct. 3, 2012 at 5:03 a.m.
Updated Oct. 4, 2012 at 5:04 a.m.

A jury found a 31-year-old Victoria man guilty Wednesday of assaulting his girlfriend.

Benino DeLaGarza was sentenced to one year in county jail.

The jury also found DeLaGarza was not guilty of burglary of a habitation and manufacturing and delivering a controlled substance between 1 and 4 grams, both felony charges, according to court documents.

Police said he broke into the woman's apartment on Feb. 4, but defense attorney Brent Dornburg argued he did not take anything.

Dornburg also said the about 2.77 grams of cocaine and the scale found nearby did not belong to DeLaGarza.

"What it boiled down to is whether he was present without the consent of the owner, and they had a hard time proving he didn't have consent to be there," Dornburg said. "It was a proper outcome."

Assistant District Attorney Johna Stallings prosecuted the case.



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