Daily Local News (West Chester, PA)
Prosecutors seek prison time against Lansdale man for abuse of corpse
Vowing to seek a state prison term against a Lansdale man, prosecutors argued he had “no compassion or remorse” for his friend after he died at his home and that he acted with “depravity” when he wrapped the body in a trash bag and abandoned it to decompose in the trunk of the dead man’s vehicle.
“The defendant took the lifeless body of his best friend Daniel Torres and stuffed him into a garbage bag like a piece of trash. Rather than call 911 or take his best friend to the hospital after a likely overdose, he concocted a well thought out plan of how to dispose of his body and cover his tracks,” Montgomery County Assistant District Attorney Allison M. Ruth wrote in court papers in preparation for Shamsuzzaman “Beau” Mollah’s upcoming sentencing hearing.
Mollah, 37, of the first block of Elm Drive, was convicted in December, during a threeday nonjury trial before Judge Steven T. O’Neill, of misdemeanor charges of abuse of corpse, unauthorized use of a motor vehicle and theft by unlawful taking in connection with the April 29, 2018, incident related to the death of Torres, 33, a Quakertown, Bucks County, man who operated a Bridgeport barbershop.
Mollah’s sentencing hearing, originally scheduled for this week, was postponed until April. He remains free on bail pending sentencing.
But Ruth revealed in a sentencing memorandum that she will seek a sentence of 1½ to 3 years of incarceration, to be followed by two years’ probation, for a total of 5 years of supervision against Mollah.
Ruth argued Mollah walked around Lansdale looking for a place where Torres’ car could sit undetected, stuffed Torres’ body in the trunk of the car and drove him to a location on North Valley Forge Road where he abandoned the body. Ruth argued Mollah then ignored and lied to Torres’ relatives, who were desperately searching for Torres for 11 days, “sick not knowing where Torres was.”
“These were not a bad reaction during a time of panic, these were deliberate and premediated actions taken by the defendant. These intentional acts amplified the anguish of the Torres family,” Ruth wrote. “By his depraved actions, the defendant robbed the Torres family of healing and added trauma and pain.
“The defendant has repeatedly proven that he only cares for himself. The depravity required to stuff your best friend’s body into a garbage bag and then leave him to decay in the trunk of a parked car is difficult to articulate. The defendant had no compassion or remorse for his friend or his friend’s family,” Ruth added.
But defense lawyer Anita M. Seth, in a sentencing memorandum, argued a probationary sentence would be consistent with recommended state sentencing guidelines for Mollah’s crimes, would not depreciate the seriousness of the crimes and would not fail to consider the anguish suffered by Torres’ family.
“A probation sentence restricts Beau’s freedom. A probation sentence keeps Beau tethered to the power of the sentencing court. A probation sentence allows Beau to prove to this court, society and himself that today’s Beau is amenable to treatment, supervision and deterrence from further anti-social conduct,” Seth wrote.
Seth argued Mollah, who was born in Bangladesh and immigrated to the U.S with his parents in 1992 and settled in Lansdale, “became embroiled in substance abuse” that included methamphetamine, Percocet, heroin and Xanax, which he “ate like candy” on a daily basis.
“Beau faced challenges of immigrating to a new country where he did not speak the language, nor did his parents. Without proper guidance, Beau found solace in toxicity, both in the friendships he sought and substance abuse,” Seth wrote.
Seth argued Mollah, a 2003 graduate of North Penn High School who is married and is the father of one child, committed the crime when he was spiraling out of control during his own addiction and also suffered an overdose several months after Torres’ death.
Seth argued Mollah has sought inpatient treatment for his addiction and continues with outpatient substance abuse and mental health treatment and has a fulltime job.
“The man Beau presents to this court is not the man ensnared in addiction at the time of this offense. Beau comes before the court having rehabilitated his drug addiction, built a career and supports his family for whom he provides and cares,” wrote Seth, arguing a probationary sentence will allow the judge to determine if Mollah has grown from the drug-addicted person he was in 2018.
An investigation began on May 3, 2018, when Torres’ mother reported her son missing to police. Torres’ mother told police Torres was last seen alive on April 29 and that he was at Mollah’s residence, according to the criminal complaint filed by Lansdale Detective Nicholas Oropeza and county Detective James Reape.
On May 9, Lansdale police responded to the parking lot of the Twin Pines Apartment complex in the 700 block of North Val