Omaha serial killer Anthony Garcia loses Nebraska Supreme Court appeal

LINCOLN, Neb. (WOWT) - The Nebraska Supreme Court on Friday rejected an appeal from Omaha serial killer Anthony Garcia for a new trial.

Garcia was sentenced to death in 2018 for the murders of four people on two separate occasions.

He murdered 11-year-old Thomas Hunter and Shirlee Sherman, who was the Hunter family’s housekeeper, in March 2008; and then Dr. Roger Brumback and his wife Mary Brumback in May 2013.

In his appeal, Garcia noted 130 alleged errors made during his trial that involved 15 topics, including motions to suppress, DNA and digital evidence, ineffective counsel, and constitutionality of the death penalty.

Garcia also claimed that his counsel was ineffective for “failing to seek a third competency hearing when he stopped communicating with his counsel prior to trial.” He described himself as having a “diminished capacity.”

Garcia’s behavior in court caught much attention in 2016. He sat through the hearings unresponsive with his eyes closed as his lawyers presented a defense of mental defense.

The defense tried to lay out factors that would help Garcia avoid the death penalty claiming he suffered from severe depression long before the murders in 2008.

Friday’s ruling summed up Garcia’s appeal simply concluding: “We cannot determine on direct appeal whether counsel was ineffective in certain regards. We otherwise affirm Garcia’s convictions and sentences.”

Read the appeal

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