San Bernardino County Sued Over Recorded Inmate Murder Plot

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By Associated Press

Published: 01/02/2003

Recorded jail phone calls about a murder plot did not result in any warning to a man shot to death at his Ontario home a year ago, his widow claims in a wrongful death and negligence lawsuit against San Bernardino County.
The lawsuit seeking unspecified monetary damages also names Joaquin Chavarria and his wife, Mandy, as defendants.
Chavarria was awaiting trial on an earlier murder charge when he allegedly received the address of Bennie Garcia in a call from his wife recorded at West Valley Detention Center in Rancho Cucamonga.
Another recorded phone call to an associate the following day allegedly led to the slaying of Garcia, 28. Two men rang the doorbell at Garcia's home on Dec. 12, 2001, and killed him. Those men remain at large.
Chavarria, of Chino, is serving a 25 years to life sentence for first-degree murder in Garcia's death. Recordings of his phone conversations from jail were introduced in court for a preliminary hearing before Chavarria pleaded guilty.
Garcia's widow, Jenna, and 2-year-old daughter, Lexus, claim in the lawsuit filed on Nov. 20 that sheriff's deputies at the jail had the ability to monitor the phone calls involving Chavarria and to warn Garcia that his life was in danger.
Sheriff's spokeswoman Cindy Beavers declined comment on the Garcia's lawsuit.
Jail deputies do not listen to all calls involving the 3,300 inmates at the detention center except in ongoing investigations or if a specific need exists, Beavers said.
'This all could have been avoided if they just picked up a phone, called Ontario police or called my client,' said Walter Martinez, attorney for Garcia's widow and child.
'If they have a (call recording) system in place to monitor behavior, and they elect not to monitor it, there must be consequences,' Martinez said.
Authorities said the killing apparently stemmed from Garcia being a former boyfriend of Mandy Chavarria.
In a jail recording Nov. 24, 2001, Chavarria told his wife: 'If you knew where this person lives and everything, let me know. And believe me, something will be done.' Later the same day the wife made a call to Chavarria in jail to tell him where Garcia lived.
On Nov. 25, 2001, Joaquin Chavarria called Daniel Valentin, 21, to ask a favor, giving him Garcia's address after telling Valentin that Garcia was to be a surprise witness at Chavarria's upcoming murder trial.
Valentin pleaded guilty to voluntary manslaughter and was sentenced to six years in county jail. Mandy Chavaria pleaded guilty to solicitation of murder and was sentenced to one year in prison and five years probation. She has since been released.

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