Albuquerque Journal

Road rage shooter Torrez given 16 years in prison

Last-minute deal made to allow plea to second-degree murder

- BY KATY BARNITZ JOURNAL STAFF WRITER

Tony Torrez was sentenced Thursday to 16 years in prison in the fatal shooting of 4-year-old Lilly Garcia, who was buckled into the back seat of her father’s truck when Torrez fired shots during a road rage altercatio­n with her father.

Torrez entered his plea before Judge Charles Brown to second-degree murder in a last-minute deal with prosecutor­s. The hearing culminated the high-profile case on the same day jury selection was scheduled to begin.

Torrez was driving a Toyota

Camry on westbound Interstate

40 when he encountere­d Lilly’s father, Alan Garcia, who was driving a red pickup truck. As they drove, the two engaged in some sort of altercatio­n, and “exchanged words,” police said, before Torrez opened fire.

“A bullet was fired from Mr. Torrez’s gun into the truck that was being driven by Alan Garcia,” prosecutor Elisa Dimas said. “That bullet went into the skull of Lilly Garcia, killing her.”

Torrez took an Alford plea, which lets a defendant assert his innocence, while recognizin­g that prosecutor­s have sufficient evidence to support a conviction.

But Torrez, 33, addressed the court briefly, apologizin­g to the Garcia family and the community as a whole. He said he prays every night for the child’s family and for their forgivenes­s.

“I’m sorry for taking the life of Lilly,” he said. “That was never my intention. I had no intent of hurting anybody that day.”

But he also said that at the time of the incident that he thought he was about to become the victim. He said that as he engaged in the altercatio­n, he was thinking of a friend who was ejected from her own vehicle as a result of a road rage incident. His attorney, Stephen Taylor, said that Torrez’s friend was killed when her vehicle rolled over.

“That came into his mind at the moment in which he felt like Alan was trying to run him off the road,” Taylor said. He said that Torrez was in fear for his life.

“He did make a quick decision,” Taylor said. “Who are we to judge in these moments when you feel like you’re in fear for your life?”

Some community members, including Torrez’s attorneys, have suggested that Alan Garcia also should have been charged in his daughter’s death. Taylor reiterated that in a statement to members of the news media after the hearing.

“There’s evidence from a neutral eyewitness as well as (Garcia’s) own son, who was in that vehicle that day, saying he played a part in the actions that led to this terrible tragedy,” Taylor said.

But Albuquerqu­e police maintain that Lilly’s father didn’t commit a crime.

“We looked at the totality of the circumstan­ces, as we do in all cases, and there is no evidence that Lilly Garcia’s father committed child abuse related to the incident,” Celina Espinoza, a police spokeswoma­n, said last week.

Thursday’s plea and sentencing hearing took place in a courtroom packed with family, friends, community members and media. Alan Garcia sat beside a large image of his smiling daughter dressed in pink. Her mother, Veronica Rael-Garcia, held a framed photograph as she cried quietly through much of the hearing. She cradled her head in her hands as Dimas said that medical investigat­ors determined during the autopsy that the bullet that hit Lilly resulted in her immediate unconcious­ness, leaving her unable to feel any pain.

Alan Garcia spoke of the future moments — like walking Lilly down the aisle at her wedding — that he will never get to experience.

Regarding that tragic day, he said: “If I would have known what I know now about that day, I wouldn’t have swerved.”

Rael-Garcia described an unending physical pain in her stomach and chest since Lilly died. She said she has struggled to help her 8-year-old son cope with his sister’s death.

“I could have lost my whole family that day,” she said, sobbing, “because he thought it was OK to pull out a gun and shoot multiple times into a vehicle.”

District Attorney Kari Brandenbur­g said she felt the plea agreement served justice, and would save taxpayers the cost of a lengthy trial.

“Of course,” she said, “nothing can ever relieve the pain Lilly’s family has endured or the anger and shock felt by the entire community.”

 ?? ADOLPHE PIERRE-LOUIS/JOURNAL ?? Veronica Rael-Garcia, left, and her husband, Alan Garcia, are hugged after Tony Torrez entered his plea Thursday in the fatal October 2015 shooting of their 4-year-old daughter Lilly Garcia during a road rage incident on Interstate 40.
ADOLPHE PIERRE-LOUIS/JOURNAL Veronica Rael-Garcia, left, and her husband, Alan Garcia, are hugged after Tony Torrez entered his plea Thursday in the fatal October 2015 shooting of their 4-year-old daughter Lilly Garcia during a road rage incident on Interstate 40.
 ??  ?? Tony Torrez, left, waits to enter a plea in 2nd Judicial District Court on Thursday. The image was shot through a courtroom window as the Journal photograph­er was barred from entering the courtroom.
Tony Torrez, left, waits to enter a plea in 2nd Judicial District Court on Thursday. The image was shot through a courtroom window as the Journal photograph­er was barred from entering the courtroom.
 ??  ?? Lilly Garcia
Lilly Garcia
 ?? ADOLPHE PIERRE-LOUIS/JOURNAL ?? Tony Torrez, right, addresses District Judge Charles Brown after being sentenced to 16 years in the October 2015 fatal shooting of Lilly Garcia. The image was shot through a courtroom window.
ADOLPHE PIERRE-LOUIS/JOURNAL Tony Torrez, right, addresses District Judge Charles Brown after being sentenced to 16 years in the October 2015 fatal shooting of Lilly Garcia. The image was shot through a courtroom window.

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