ALBUQUERQUE, N.M. (KRQE) – A now-former Albuquerque police officer accused of raping a woman while on duty will not be released from jail despite a fight from his attorney. Johnny Garcia’s attorney says his client’s circumstances have changed, but the state argued what he’s accused of doing after the alleged crime hasn’t.

“Mr. Garcia has voluntarily resigned from APD. He is no longer law enforcement therefore, any sort of influence or intimidation factor that the court was concerned about regarding his profession is no longer a factor here,” Nicole W. Moss, Garcia’s attorney said.

Johnny Garcia was on duty at the Albuquerque International Sunport back in February when he is accused of luring an employee to a closet. The woman told police Garcia kissed and groped her and then forced her to perform oral sex on him.

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Back in May, Judge Stan Whitaker ruled Garcia would be held until trial, but Tuesday, his defense presented new information, including his resignation from the department and a forensic evaluation.

“Mr. Garcia fell below the mean in all areas of this test indicating that he is not a risk for violence. The test also demonstrates that he is amenable to treatment,” Moss said.

Instead, the judge denied the motion saying he did not feel the defense or the treatment plan presented had addressed his original concerns. “It was based on the tactics of trying to contact witnesses and getting information and gathering information with regard to this alleged victim after the fact,” Judge Whitaker said.

Moss argued that Garcia could be in danger while behind bars because he is a former police officer. Although, Garcia is in a special housing unit away from other inmates. A trial date has not yet been set, but the state did say they have about 20 witnesses ready to testify, but they do not expect to use them all.