PORTLAND — A U.S. Magistrate has recommended that the U.S. District Court dismiss Geoffrey Reese’s petition to be released from prison.

In July of 2009, Reese was sentenced to 29 years in prison in York County Superior Court in Alfred on charges of elevated aggravated assault, aggravated assault and illegal possession of a firearm.

Reese, then 26, was arrested in May of 2008 after twice shooting his girlfriend, Tonya Garza, who was 32 at the time, and leaving her on the side of Cascade Road in Saco in the early hours of the morning. She was found by a passing motorist, who stayed with her until paramedics arrived. Garza was hospitalized and survived the shooting.

The two had recently moved to Maine from Texas and were staying at a hotel in Old Orchard Beach.

Reese, who is serving time at Maine State Prison in Warren, filed a petition with the court stating that his sentence of 29 years is excessive, and that he was wrongfully convicted based on evidence admitted in violation of his Fourth and Fifth Amendment rights, according to court documents. Reese further states that trial counsel failed to investigate the evidence and cross-examine the witness adequately and also coerced him to testify.

U.S. Magistrate Judge John Nivison, in a Dec. 10 ruling, said that he recommended the court dismiss Reese’s request. He said there was no “substantial showing” of the denial of a constitutional right.

Reese has 14 days within receiving the ruling to file an objection.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or egotthelf@journaltribune.com.