Modesto man convicted in teen boy’s death found suitable for parole

A 44-year-old Modesto man sentenced for killing a 14-year-old boy 24 years ago has been found suitable for parole, according to the Stanislaus County District Attorney’s Office.

But Andres Tony Santana has not yet been released from prison. The Governor’s Office has to first decide whether to uphold the parole board’s ruling.

Santana was 19 when he shot and killed Florentino Garcia on July 12, 1992, outside a house in the 1700 block of Las Vegas Street in south Modesto.

On Dec. 15, Santana appeared for his fifth parole hearing. In his 2015 parole hearing, the board decided to keep Santana in prison for at least another three years. Prosecutors said recent changes in the law accelerated his next parole hearing, since Santana was 19 when he killed the teenage boy.

Deputy District Attorney Meghan Anderson argued at the Dec. 15 hearing to keep Santana in prison due to the danger if he was released.

Authorities have said Santana had been on a three-day methamphetamine and alcohol binge when he shot Garcia.

Testimony indicated a group of people were standing in the home’s front yard, when Santana walked up to Garcia, put his arm around Garcia’s shoulder, pushed a handgun into his side and shot him.

A Stanislaus County jury convicted Santana of first-degree murder with a gun, but 5th District Court of Appeal later reduced the charge to second-degree murder after determining the killing was not premeditated. Santana’s initial prison sentence of 25 years to life was reduced to 19 years to life in prison.

This story was originally published December 19, 2016 at 3:39 PM with the headline "Modesto man convicted in teen boy’s death found suitable for parole."