The trial of the man accused in the 2014 shooting death of Oak Harbor resident Adam Garcia has been delayed a month.
Christopher Malaga, 25, appeared at a hearing in Island County Superior Court Monday. He is being held in jail on $1-million bail and had been facing a single count of second-degree murder.
At the hearing, Prosecutor Greg Banks got permission from the judge to amend the charges to first-degree murder, second-degree murder — as an alternative — and assault in the second degree.
The counts were each filed with a firearms enhancement, which would add an automatic five years to a sentence if a jury finds that it should be imposed.
The trial had been scheduled for Feb. 9 but Malaga’s attorney, Jennifer Bouwens of Mount Vernon, asked to move the trial to March 8. Banks did not object and the judge agreed.
Malaga pleaded not guilty to the charges. His defense is a “general denial” and won’t rely on self- defense or assertions of insanity or diminished capacity, according to court papers.
Bouwens filed a document last fall that suggested the police arrested the wrong man for the murder.
Malaga is accused of shooting Garcia in the face during an argument over a drug deal in a residential Oak Harbor neighborhood.
Two other men witnessed the shooting.
The prosecutor added the assault charge against Malaga because he allegedly pointed a gun at one of the witnesses during the incident, according to Banks.
If convicted of the charges against him, Malaga could face up to 37 years in prison under the standard sentencing range.