GRANTS, N.M. (KRQE) – A New Mexico mayor, convicted of battery for getting physical with a city councilor tried to get that conviction overturned but his appeal was not enough to clear his name. Story continues below Crime: Break-ins at vacant ‘for sale’ homes have ABQ brokers and realtors concerned Trending: CNM will get millions of dollars for new fabrication facility if bond is approved News: Albuquerque non-profit’s warehouse burns down with donations inside Cannabis: NM cannabis industry needs more inspectors and regulation advocates tell lawmakers The district court agreed with the magistrate court decision convicting Grants Mayor Erik Garcia of battery after he elbowed a city councilor following a heated council meeting last year. "He wanted the whole truth to come out and he feels that happened in this second trial," said attorney, Robert Zamora. Grants City Councilor George Garcia was vindicated in court for a second time after a heated city council meeting where the mayor got physical. "This is the green chile mafia type of behavior where you just gang up and try to, not try to go forward and move the city of Grants forward. People, I am trying to move this forward as you all see. We will be the safest cleanest community," said Mayor Garcia back in a 2023 council meeting. That was the mayor accusing councilors of conspiring against him. Just after that meeting, Councilor Garcia said the mayor shoved him with his elbow, dropped an f-bomb, and called him a name. In June, the mayor was convicted of battery in magistrate court but he appealed that conviction. "We expected there to be an appeal. It is a de novo appeal to district court which means my client had to testify again in district court on the same facts," said Zamora. Councilor Garcia testified for the second time back in September, this time to the district court, but the higher court came to the same conclusion and the mayor's conviction stands. "George Garcia, my client, he is happy with the fact that there is a conviction in this case after the appeal and he feels that justice has been done against him," said Zamora. The mayor won't be spending time behind bars. "He was given a deferred sentence which means the sentencing is going to be deferred for the period of probation that the mayor is serving after that the case will be dismissed but the conviction still stands," said Zamora. Despite that, Zamora says his client proved his point. "It shows that no one is above the law and that the criminal system does work and he's glad to see there's accountability," said Zamora. The mayor and council convened Tuesday afternoon for a city council meeting with one of the topics being a code of conduct allegation the mayor brought against Councilor Garcia. KRQE News 13 reached out to Mayor Garcia for comment and did not hear back.