According to an incomplete police report, Garcia was allegedly planning to molest the 16-year-old again in his car, which the arresting officer discovered parked near Fair Oaks Street and Stanford Avenue, shortly before 11 p.m. on Sunday, March 6.
In an e-mail, Wylie wrote that the officer first approached the car and spoke with Garcia, who was in the drivers' seat next to the boy, who sat in the passengers' seat. The officer determined that they were not related and concluded that there was no reason for the two to be together at the late hour.
In the investigation that followed, Wylie wrote, the officer discovered that the two had been introduced through an unnamed, adult-oriented party phone line and that Garcia had picked up the boy at his home in Mountain View, "which resulted in Garcia molesting the victim."
On March 6, the two had arranged to meet again, with Garcia again picking the victim up at his home in Mountain View and taking him to the location where they were eventually discovered. Wylie said that the officer arrived on the scene before a second molestation could occur.
Garcia was booked into Main Jail in San Jose on a felony charge of "arranging a meeting with a minor for the purpose of engaging in lewd and lascivious behavior" and a misdemeanor charge of "annoying or molesting a child under the age of 18," according to Wylie.
Police are only charging Garcia with molestation at this time, as "no intercourse occurred," Wylie wrote.
The teen was not kidnapped or physically forced to get into Garcia's car, Wylie wrote, adding, "No child is a 'willing' victim, since they cannot legally make a choice like this."
Wylie called the suspect's behavior "predatory."
"He was seducing the victim. He was preying on the victim's age (and) insecurities. ... This case involves a more classic pedophile behavior, which is more common and is sometimes the scariest since it is less obvious (and) occurs over time," she said.
Parents need to be vigilant when policing their children's online activity, as cases like these very often begin online, according to Wylie.
Teens also must take some responsibility, she said. "Teens should know that there are dangerous people out there who will try to prey on them, either online or in person," Wylie wrote. "Adult men and women should not be having sexual relationships with minors; it is not normal, nor natural and it is illegal."
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