New details emerge in murder case

Perjury case against suspect’s mother dropped

New details have surfaced in a 1˝-year-old murder investigation, including allegations that the victim had an extramarital affair that “repulsed” the murder suspect.

The details are contained in three separate arrest warrants filed in 6th Judicial District Court in La Plata County. All three warrants accuse family members of perjury.

Prosecutors this week declined to file formal charges against one of the defendants, Suzan Gray, 62.

A four-page arrest warrant filed in her case suggests the victim, Ted Garcia, had a history of extramarital affairs, and the victim’s brother-in-law, Joseph Dernoga, was upset about the affairs.

Dernoga, 38, is suspected of killing Garcia, 47, in July 2010, west of downtown Durango.

Dernoga is being held at the La Plata County Jail on suspicion of first-degree murder.

Garcia was shot in the upper torso by a .270-caliber rifle inside his own home. Dernoga lived in the basement.

Dernoga reported the death to authorities. The rifle was found near the body, but investigators determined the wound was not self-inflicted.

Authorities have charged two family members with perjury: Suzanne Garcia, who is Dernoga’s sister and Ted Garcia’s wife; and Jessica Martinez, the half-sister of Dernoga and Suzanne Garcia.

Both testified in October before a La Plata County grand jury.

Gray also testified before the grand jury, but her perjury case was dismissed without prejudice, meaning prosecutors reserve the right to file charges at a later date.

Gray is the mother of Suzanne Garcia and Joseph Dernoga.

During an interview Friday, Gray said authorities either didn’t have enough evidence to proceed or they came across new evidence that exonerated her.

“It’s been a virtual witch hunt and a total travesty,” she said. “Anything that I said under oath was the truth.”

She blasted the criminal investigation against her son, saying investigators have “tunnel vision.”

“They’ve never properly investigated this from the very beginning,” Gray said.

According to the arrest affidavit filed in her case, Gray told investigators on July 25, 2010 – a day after Garcia’s body was found – that Dernoga was aware Garcia had had extramarital affairs, and Dernoga was “repulsed” by them.

But during her grand jury testimony, Gray said she was unaware whether Dernoga suspected Garcia of having an affair, according to the affidavit.

The 6th Judicial District Attorney’s Office did not return phone calls this week seeking comment about the perjury case being dropped.

All three arrest affidavits portray Suzanne Garcia as discouraging family members from discussing the case with law enforcement.

In recorded prison calls between Garcia and Dernoga, Garcia was heard making several angry statements about Martinez’s decision to speak to investigators after being told not to.

Other details revealed in the affidavits:

Investigators interviewed Dernoga on July 24, 2010 – the day Ted Garcia’s body was found. Dernoga said he and Ted Garcia were at a local brewery on July 4, 2010, when Garcia spoke to a girl and exchanged numbers with her.

After the girl left, Dernoga said Garcia had an angry look on his face and said, “You need to get your (expletive) and get out before Suzanne gets home. And you better not say anything to Suzanne about this or anything.”

On Aug. 17, 2010, investigators asked Jessica Martinez whether Suzanne Garcia would try to cover for Dernoga in the event that Dernoga killed Ted Garcia, and Martinez said yes.

Ted Garcia suffered from back and feet pain and was mixing painkillers with alcohol, Suzanne Garcia told investigators the day after his body was found. She said she had called his doctors and asked them to stop prescribing the painkillers.

Garcia described two incidents in which she witnessed her husband use alcohol and painkillers. In one, he was talking to himself while sitting on a couch. In another, he kept putting too many logs on the fire and she had to take them off.

During her grand jury testimony, deputy District Attorney Reid Stewart asked Garcia whether her husband had problems with pain, and she said, “No.”

Stewart: “So to your knowledge, (Ted) wasn’t having any problems with his back or feet?”

Garcia: “No.”

Stewart: “There’s some information we have that Ted in the past had been prescribed medication by physicians but was unable to obtain them recently and was obtaining them illegally. Do you know why he may have been taking those medications?”

Garcia: “I was very surprised.”

shane@durangoherald.com