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N.D. (NewsDakota.com) – A judge has refused a request to re-sentence the man who shot and killed a West Fargo woman 21 years ago.

Barry Garcia was convicted in the shooting death of 50 year-old Cheryl Tendeland in 1995.  He was 16 at the time.  His lawyer asked that he be given something less than life without the possibility of parole, citing recent court decisions that juveniles should not be sentenced so severely.

Garcia, speaking over the phone from a federal prison, apologized to the Tendeland family and said he was keenly aware that it was a senseless and horrible crime.He said he didn’t express remorse during the trial on the advice of his lawyer.