An Idaho Falls man who shot and injured a man outside a bar in 2021 was sentenced to prison Monday.
District Judge Michael Whyte ordered Nikolaus Garcia, 25, to serve a minimum of four and a half years and up to 13 years in prison for the shooting.
Garcia was arrested in October 2021 after video of the incident, which occurred in August, showed him shooting the victim.
Garcia’s friend, Cristian Sanchez, initially claimed to be the shooter before the video contradicted his claim. An accessory charge against Sanchez was later dismissed.
Whyte said the initial argument did not even involve Garcia, but was between Sanchez and the victim.
“You are incredibly lucky that this individual did not die,” Whyte told Garcia at the sentencing.
The victim suffered broken ribs from the gunshot. He was taken to East Idaho Regional Medical Center, and was released the same day he was shot.
Garcia was already under police scrutiny at the time of the shooting, having a criminal record that included a wide variety of misdemeanors and felony charges of drug possession and burglary.
Garcia was also under investigation after a woman reported he had threatened to kill her and showed up at her apartment with her handgun. A plea deal has been reached that dismisses the aggravated assault charge.
The prosecution cited this string of incidents in recommending a longer prison sentence for Garcia. He had reportedly been out of prison for 10 months at the time of the shooting.
A presentence report found Garcia was at a high risk of recidivism.
Garcia acknowledged in his statement to the court that he had gotten out of jail only to go back to the same behavior that got him arrested in the first place.
“I didn’t learn my first time, but this time I’m going to take all the tools I can and do better,” Garcia said.
Whyte told Garcia that the incident was too serious for retained jurisdiction. He said he was concerned because Garcia had in the past expressed remorse for his crimes and spoken well in court only to go back to his previous behavior.
Whyte also cited several misdemeanors Garcia was charged with after his arrest for drinking and driving, reckless driving and leaving the scene of an accident.
“It’s one thing to say ‘I have a problem’ and it’s another thing to step through the door of a treatment center or counseling center,” Whyte said. “You didn’t do any of that.”
In addition to time in prison, Garcia will have to pay a $15,000 fine.