DA clears Torrez in Jan. 1 homicide
28-year-old MMA fighter has maintained since Jan. 1 death of Sal Garces, 25, that he acted in self-defense
By James Staley
jstaley@lcsun-news.com @auguststaley on Twitter
Posted: 07/24/2014 11:04:04 AM MDT
Robin Zielinski - Sun-News Las Cruces attorney C.J. McElhinney, right, speaks with reporters Thursday while his client, mixed martial arts fighter Joe Torrez, 28, looks on. The two learned Thursday that Torrez will not be charged in the Jan. 1 death of Sal Garces, 25, of Las Cruces, which resulted from what Torrez described to authorities as a home invasion. (Robin Zielinski/ Sun-News)
LAS CRUCES >> For nearly eight months, Joe Torrez has maintained that he acted in self-defense when he killed one of four men accused of barging into his home New Year's Day.
Thursday authorities announced that Torrez, a 28-year-old mixed martial arts fighter, will not be charged in the death of 25-year-old Sal Garces, saying evidence does not exist to convict Torrez of wrongdoing.
"It was like a weight was lifted this morning," said Torrez, speaking publicly for the first time on the matter Thursday afternoon at his attorney's office. " ... No matter what, I had it in my mind."
That burden had been there since the early morning hours of Jan. 1, when, according to deputies, Garces and three other men went his former residence near Doña Ana, threatened Torrez and his young son, ransacked the mobile home, then fought.
Mixed martial arts fighter Joe Torrez speaks to the media for the first time Thursday since a Jan. 1 home invasion that left Sal Garces of Las Cruces dead. Torrez learned Thursday that he will not be charged by the district attorney in Garces' death. (Robin Zielinski — Sun-News)
At some point during the altercation, Torrez stabbed Garces — the autopsy report noted several injuries all over Garces' body, but stated four stab wounds to the chest caused his death. Garces was found dead about 100 feet from Torrez's home.
Torrez, wearing a black dress shirt and slacks, declined to detail the fatal fight Thursday, saying "I don't like to speak about it, myself. I don't wish that on nobody."
Torrez said it is difficult to think that he took another man's life, and those emotions have hindered his MMA career, but added "I was just trying to protect myself and my family. I didn't know what the outcome would be."
He expressed no ill will toward Garces.
"May he rest in peace," Torrez said. "He's a father like me."
Doña Ana County Sheriff's investigators said inconsistencies with initial statements Torrez made and what evidence showed are what kept Torrez under suspicion.
One example: Torrez told DASO he did not know Garces and the alleged intruders, but the investigation revealed a history of incidents between Torrez, his then-girlfriend and those charged with the break in.
Sal Garces
A fight earlier that night between a female friend of Torrez and another woman at Garces' home is what prompted a Garces, the three men and two other women to drive to Torrez's mobile home in the 600 block of King James Avenue, authorities said.
But there was still not clear evidence showing Torrez didn't act in self-defense. DASO investigators had sent weapons found near Garces' body to a state crime lab to have them tested. Torrez's DNA was not found on those weapons, officials said.
It was those test results that caused the process to take nearly eight months; they were the last piece DASO was waiting for, spokeswoman Kelly Jameson said.
Still, Jameson added, the homicide isn't considered closed. That part of the investigation is suspended, meaning DASO won't actively devote resources to it.
That could change.
Wrote Jameson in an email to the Sun-News: "This has been a complicated case from the beginning, and in the beginning DASO was committed to a complete and thorough investigation of the evidence we had. We asked for witnesses to come forward and tell us what they knew about the events of that night.
"Is there a possibility someone else (who we haven't talked to) was there that night and knows something critical to the case? It's a possibility, but until someone else comes forward with what we need to charge anyone criminally in the death of Sal Garces, this case can't go any further."
The other cases stemming from that night's incident — those against Garces' 19-year-old brother Raymond Garces, Leonard Calvillo, 23, Nathan Avalos, 20, Rachel Carrillo, 20, and Cylver Betancourt, 19 — are still awaiting trial.
Raymond Garces, Calvillo and Avalos all have been indicted on aggravated burglary, conspiracy, attempted battery and criminal damage to property charges. Only Avalos has yet to post bond, according to jail records.
Carrillo and Betancourt are facing aggravated burglary charges.
Torrez's attorney, C.J. McElhinney, said Thursday that Torrez would cooperate with authorities in those cases and he hopes to see them prosecuted. He had refused to talk with them, upon McElhinney's advice, since Jan. 2.
Trial for the three men has been set for Aug. 25. McElhinney last month said that prosecutors have approached him about plea deals.
"We're happy that we don't have to fight anymore," McElhinney said. "Now Joe can go on with the rest of his life."
For Torrez that means getting back to work. For several months he bounced around to different states, staying with relatives because of threats made against him.
He wants to continue MMA fighting, but said he worries that if he's put in a competitive fighting environment he could have flashbacks to Jan. 1 and snap.
"What I live for is my kids," he said of his two young children.
Torrez said community support during the past several months was uplifting. McElhinney started an online campaign shortly after the incident, and since then nearly 25,000 people have "liked" the "Support Joe Torrez" Facebook page.
There was also a web page to raise money for a possible legal defense. McElhinney said that money, about $3,000, went to court costs and to pay a private investigator. He said his firm has not billed for its work to help Torrez.
Garces' family could not be reached for comment.
James Staley can be reached at 575-541-5476.