Shattered Innocence

by Robert Scott

  Perhaps Phil would have had his fling with pot and LSD and moved on. But according to both his father and brother, an incident in 1968 tipped Phil over the edge. Phil was riding his motorcycle when he had a bad accident and was sent to a local hospital. He suffered numerous injuries, including a severe injury to his head. Manuel Garrido said later, “It ruined him. I remember the emergency room calling me and saying, ‘We have to operate on his head.’ I told them, ‘Do whatever you can.’”

  Manuel added, “They didn’t do enough! My son was ruined after that. The drugs, crazy behavior, all that stuff started then.”

  Some of Phil’s classmates would disagree, saying that the drug use and “weird behavior” had started before the motorcycle accident. But everyone agreed that Phil’s “crazy behavior” and drug use increased after the accident. In fact, there were numerous periods when he seemed to be stoned all the time.

  Apparently, Phil and his band, the Free Spirit Band, were pretty good and they played at dances in the area. Even Steve Luchessi, of the Village Drunks, admitted, “He was good, but we kicked his band’s ass at the Battle of the Bands.”

  Even though the band played on, Phil’s life was changing in several ways. Phil’s mother got a job as a bookkeeper at a construction pipe company in Brentwood. And despite his drug usage, and hard-rocking ways, Phil became a member of a local Jehovah’s Witness Church. Just how often he attended was not recorded later. Phil got a job at the pipe company where his mother was employed for a while, and he seemed to have done a good job there. His employer would later say that Phil was a good worker, who always did the tasks assigned to him.

  This work ethic of Phil’s seemed to change when he was hired by the Fiberboard Company in 1970. Fiberboard was one of the largest pulp mills in the area, and was a few short blocks away from where Phil would later live on Walnut Avenue. At Fiberboard, Phil became more slack in his performance, and he often would not show up for work at all, without giving a reason why.

  Then on December 6, 1969, Phil most likely went to a concert that would in some ways exemplify his own later life, with a kind of frenzied madness. It was the Rolling Stones concert at nearby Altamont Speedway, only twenty miles southeast of Brentwood, near Altamont Pass. Although he didn’t write about this later, there would be others in Brentwood that said Phil was there. And it would have been strange if a rock-and-roll music lover like Phil had not been there. The concert was the event of the season, and was supposed to be a kind of “West Coast Woodstock.” Instead, it would take on a more sinister and deadly mantle.

  The Rolling Stones, for some reason, decided to have the Hells Angels “police” the concert. Rather than policing the throng, the Hells Angels ended up terrorizing many of the concertgoers. One man, who was clearly high or intoxicated, was stabbed to death right in front of the stage. The whole incident was caught in the film that the Rolling Stones were making about their tour. Instead of becoming another Woodstock, Altamont became synonymous with the ending of the “Age of Aquarius.”

  Phil’s life changed somewhat again in 1971 when his parents got divorced. According to the divorce settlement, dated June 7, 1971, the divorce documents related that the court orders that care, custody and control of the minor child, Phillip C. Garrido, be awarded to petitioner (Patricia Garrido) with reasonable rights of visitation to respondent (Manuel Garrido). The court finds that said minor child is self-supporting, and no child support is ordered. No spousal support is ordered. It was odd that Phil was still considered a minor child. After all, he was twenty years old by that time and holding down a steady job.

  The court also found that 180 shares of stock in the Bank of Agriculture and Commerce in Brentwood were Patricia’s sole property, as well as $40,000 held in a time certificate. That was a substantial sum of money in 1971. In fact, Patricia was so well-off for that era, she had to pay Manuel $3,800 to make things equitable.

  Patricia got sole ownership of a home and property in Oakley, and Manuel got sole ownership of a residence in Brentwood. Patricia was to keep a 1969 Oldsmobile and Manuel a 1966 Ford Ranchero.

  After this divorce, Phil moved in with his mother at her residence in Oakley. Phil’s job performance at Fiberboard was becoming more erratic all the time, as his drug usage increased. On September 20, 1971, Phil was terminated as an employee there. The main reason was that he often didn’t show up for work, nor did he call in as to the reason why. It may have been because of his increasing drug usage.

  Sometime around then, Phil moved with Anthony Garcia into a residence on Bolton Road in Oakley. He was still playing bass guitar for the Free Spirit Band around the area, and he apparently had a girlfriend named Cathy. At least one court document stated that as a fact in its contents. In fact, the document would relate how close Phil and Cathy seemed to be at that time, at least to others residing in the household, and by the actions that Cathy took soon thereafter.

  Having lived a few years in virtual obscurity, on March 5, 1972, Phil’s life came into focus because of something that happened in the town of Oakley, where he was now living. On March 5 of that year, thirteen-year-old Dave Gregory (pseudonym) was high. His strange behavior was noticed by a school counselor on the playground, and he was brought to the principal’s office. There Dave admitted that he had been smoking marijuana, which he’d obtained from a nearby residence.

  Contra Costa County Sheriff’s Office (CCSO) detective Julian Beach went to the school and spoke with Dave. Dave told Detective Beach that he’d gone to a house on Bolton Road and had money with him. He asked one of the residents there if he had any grass. The man said that he didn’t have any on him, but Dave should wait in the front yard. The man went back into the house and returned with a Baggie of marijuana. He charged Dave $10 for it. Dave said that he then rolled a joint, proceeded to smoke it, “got dizzy and felt good.” That’s when he had been caught by the counselor on the school grounds.

  In exchange for not being charged with possession of an illegal drug, Dave agreed to show Detective Beach where he had obtained the marijuana. They drove over to a nearby locale in Beach’s unmarked vehicle, and Dave pointed out the residence from which he had obtained the dope. Beach noted that the residence was a single-story dwelling on the corner of Bolton Road. The residence didn’t have any identifying house number that Beach could see, but he described it as a single-story green residence, with white trim.

  Detective Beach requested a search warrant for that house to look for and seize marijuana, amphetamines, personal papers, pipes, clips, drug paraphernalia and other illegal drug items. There may have been previous information about suspicions concerning this residence, because Detective Beach did not go there alone to serve the search warrant. In fact, he was accompanied by seven other uniformed officers and plainclothes detectives.

  Around 7:30 P.M., the officers arrived and Detective Beach knocked on the door. A young woman named Cathy answered, and Beach announced, “Sheriff’s office, we have a warrant!” Then the officers fanned out throughout the house. Beach went into the southwest bedroom, where he found plastic Baggies filled with marijuana. In a second bedroom, more Baggies of marijuana were discovered, along with rolling papers and a water pipe.

  The officers found sixteen Baggies of pot in the kitchen area and other marijuana-related items. It soon became apparent that this was not a small-scale operation, but was a fairly good-sized dope house. Scales, which were probably used to reduce larger amounts of marijuana down to Baggie size, were found.

  Anthony P. Garcia was arrested for being in possession of all the illegal items. When Detective Beach spoke with Garcia, Anthony told him, “Hey, Phil Garrido pays half the rent here, and half of the grass is his!”

  Someone else in the house added, “Yeah, Phil and Cathy live in that (southwest) bedroom.” If so, then Phil was sharing a room with a young woman named Cathy—something that did not come to light in all the media frenzy later.

  Officers searched into the backyard because they could hear loud amp
lified guitar music coming from a shed. Deputy Hisey wrote in his report, The music was extremely loud. I knocked on the door to ascertain who was in there. I called out for Phil.

  A young man came to the door and said that he was Phil. The young man had a bass guitar with him, and there were also three other individuals inside the shed. That wasn’t all. When the officer looked inside the shed, behind some sleeping bags that had been strung up on a line, there was row upon row of marijuana plants. The officer searched Phil’s pockets, and inside his white windbreaker were Zig-Zag papers and a Baggie of marijuana.

  Phillip Garrido was read his rights and arrested. Along with Anthony Garcia, they were escorted to the Antioch Police Department. The entire search and seizure operation on Bolton Road lasted from 7:30 until 11:30 P.M. Along with the marijuana, illegal amphetamines and barbiturates were seized.

  At their arraignment at Contra Costa County Delta Municipal Court, both Phil Garrido and Anthony Garcia pleaded not guilty. Phil retained James McFarland as his attorney, and Garcia was appointed a public defender, Jeffrey Brand. At the preliminary hearing on May 24, 1972, both Phil and Anthony sat by their lawyers in court. The prosecution called Detective Beach to the stand, and Beach went over details on all the illegal drugs that he and the other officers had found in the house. Beach also stated that he found bills and receipts proving that Anthony Garcia and Phil Garrido lived there. A young woman—Cathy apparently was watching from the court gallery—was asked to leave the courtroom at that time because she might be called as a witness.

  On cross-examination, McFarland attempted to trip up Detective Beach on exactly where the officers had found the Baggies of marijuana and certain items. McFarland noted that in one police report, there was mention that a Baggie full of pills had been taken from Phil Garrido’s clothing when he was arrested. But in other reports, that was not the case. And now there was an empty Baggie sitting in court as evidence, minus all pills.

  By July 6, 1972, there was another hearing, and the charges by then were Count 1: possession of marijuana; Count 2: cultivation of marijuana; Count 3: possession of narcotics. Defense attorney McFarland made a statement that Phil Garrido had not been arrested with probable cause, and said that the officers could not have seen the marijuana growing in the shed, unless they entered the shed. The marijuana was all behind sleeping bags that had been draped up on wires, hiding the view from the front door of the shed. And since the original search warrant mentioned nothing about the shed, McFarland said, the arrest of Phil Garrido was illegal. The judge did not allow this contention, and the proceedings moved on.

  One very interesting thing came to light during the prelim. An envelope had been addressed from someone to “Mr. and Mrs. Phil Garrido.” Yet, Phil had written down on his arrest documents that he was single. Just who “Mrs. Garrido” was supposed to be did not come to light. Some people in the area later wondered if Cathy had been mistaken for being Phil’s wife. Apparently, they were living together at that point.

  The matter slowly moved on, but before trial, through his lawyer, Phil Garrido decided to make a plea deal. Phil withdrew his not guilty plea, and admitted to guilt. On September 5, 1972, the matter was heard before Judge William Channel. In the plea deal, Phil Garrido was to spend ninety days in jail and have three years’ probation. He was to undergo a search at any time without the use of a search warrant.

  And yet, as would happen again and again later in court matters, Phil Garrido began trying to reduce his sentence and probation oversight. Through his lawyer, Phil began to try and modify what had already been handed down in sentencing. Even John Davis, his probation officer, seemed to side with Phil on this matter. Davis told the judge that a prominent recording company in San Francisco had recently signed Phil Garrido’s musical group to a contract to cut an album. To stay in the group, Phil had to practice with them no later than January 12, 1973. If he didn’t, his spot would be replaced by a member of a local musicians union. The probation officer wrote that if Phil was sentenced for a longer period of time or if his “musical aspirations” were more of a hobby than a regular job, he wouldn’t recommend an early release.

  The probation officer went on to note that Phil hadn’t caused any problems while in jail and had followed all the rules there. The probation officer recommended an early termination of Phil’s jail sentence.

  Backing up this contention were two people, not named in court documents, who knew Phil Garrido. In a letter to the judge from one individual, there was the statement: Phil is an outgoing person who makes friends easily and keeps friends. He worked all through high school, saving money for a car. He loved music since he was a young boy. His main interest in life is to be successful in the musical world.

  The letter went on to state that Phil was very accomplished on bass guitar and appreciated by his band members. According to the writer, Phil had close relations with his family and got along with them. In ending, the writer stated, I feel that he has realized his problem, and got into trouble because of the place he stayed to practice his music.

  A second letter writer who knew Phil wrote, Phil is a real likeable, well-mannered boy. He has always been ambitious and progressive. He mixes well with older and younger people. He works hard and cooperates with everyone.

  The letter went on to state that Phil grew up in a time when young people were confused about the world and their role in society. As time went on, the letter writer contended, Phil realized his mistake about using illegal drugs, and he wouldn’t do so in the future.

  There was even a letter written by Phil Garrido to the judge. In it, Phil stated, While living in Mr. Garcia’s house in Oakley, I had a place to practice with a group band. I became involved in cultivating cannabis for personal use, at the above house. A house where I was arrested. My main reason for living there was to have a place to practice and I very foolishly became involved in the cultivation of the drug.

  Phil had specifically mentioned, “I became involved in cultivating cannabis for personal use.” By this means, he seemed to imply that he had not been part of cultivating it for sale, which would have carried a stiffer penalty. Also, near the end of the letter, Phil wrote that he had learned his lessons and would not use illegal drugs again. Later events would prove this to be an empty promise.

  At the time, however, Phil Garrido looked like a good candidate for early release from jail so that he could go cut a record in San Francisco. The judge so ordered, but whether Phil and his band ever cut a record in San Francisco was not later reported upon in court documents.

  That same year, 1972, there was another incident that would have much more devastating consequences for Phil, as far as the law was concerned. It occurred on April 16, 1972, when Phil was out on bail for the charges against him on the drug raid case. In the parking lot of the Antioch Public Library on Eighteenth Street, not far from Antioch High School, Phil offered a fourteen-year-old girl some barbiturates. She accepted, and the details become murky at this point. From one later report, it seemed that there might have been one more underage girl who accepted a ride, and there might have been one of Phil’s friends in the vehicle. Whatever occurred, Phil and the fourteen-year-old girl ended up at a motel farther east on the highway that led to Oakley.

  Of the few details that surfaced later, Phil gave the fourteen-year-old girl more barbiturates at the motel room. While she was stoned, he raped her. In fact, this sexual activity seemed to go on for many hours, possibly into the next day. Apparently, Phil even raped her while she was passed out. The girl woke up the next morning in the motel room and phoned her parents. She told them what had happened to her. A police officer went to the motel and discovered the situation. Much later, the Antioch Police Department (APD) noted, The appropriate action was taken.

  The appropriate action was an arrest of Phil Garrido on April 17, 1972, even while the matter of the drug charges against him were still going through the legal system. Phil was charged with rape, contributing to the delinquency of a minor,
and providing illegal drugs to a minor. Despite the serious charges, there were a lot of problems with the case for the prosecution. In one story, the fourteen-year-old girl did not want to go to trial, and there was a lot of noncooperation on her part. In another story, the girl was such a bad witness, it was the prosecution that did not want to go to trial. And in a third story, Phil Garrido’s defense attorney said that he would paint the fourteen-year-old girl “as a little dope-smoking whore.” This last story was apparently more than just a rumor. A prominent district attorney (DA) in another county would later attest to this statement. Things were very callous in 1972 regarding rape cases. Often the victim was portrayed as a slut who somehow had the rape coming to her. Whatever the reason, the charges were dropped in “the furtherance of justice,” as the court termed it.

  Once again, Phil Garrido had dodged a bullet as far as spending time in jail or prison. But he was not through kidnapping, raping, and holding women and girls, with whom he desired sexual intercourse, against their will. He would later state that he did these things, “Because I couldn’t help myself.” The law would look at the situations in a very different light.

  CHAPTER 7

  CHRIS AND KATIE

  Despite Phil Garrido’s brushes with the law, one girl in the Brentwood area was in love with him. Her name was Christine “Chris” Perreira, and she was a very pretty girl who also had gone to Liberty Union High School. Two years younger than Phil, she had been active in many school clubs, including the pep squad and Future Homemakers of America.

  In one photo of Chris in high school, she is depicted joining other girls for a trip to the Sunvalley mall in Concord. The caption below the photo stated, Boarding the bus to await its departure to Concord, Future Homemaker members discuss activities to participate in while in Concord. The February 4 field trip destination was Sun Valley Shopping Center where members learned how to use their purchasing power correctly. In that era, Sunvalley was the largest mall for miles around, and a trip there was a real treat for the girls in rural Brentwood.