DA won’t charge New Mexico fighter in home invasion killing

In the early morning hours of New Year’s Day, four men broke into the mobile home of pro MMA fighter Joseph Torrez in Las Cruces, NM. Present in the home at the time were Torrez, his fiance, their 2-year-old son, and his fiance’s sister.

One attacker was armed with a sharp length of broken off baseball bat. Another reportedly picked up a knife on the premises. According to Torrez’s lawyer, C.J. McElhinney, the four men were associated with the East Side Locos gang, and have prior convictions for violent crimes. One of the home invaders was even wearing an electronic ankle bracelet.

Torrez, who has been training for nearly a decade at Gracie Barra Las Cruces, was able to drive the intruders from his home.

In the process, Sal Garces, 25, who entered the home with the wooden shank, was killed. Nathan Avalos, 20, was hospitalized, and arrested when released. Leonard Calvillo, 22, who called Torrez on the phone saying “I’ll kill you and your family … I’ll go to your house,” fled and was later arrested, as was the fourth attacker, Raymond Garces, 19, brother of the deceased. Also arrested were two women, Cylver Pearl Betancourt, 18, and Rachel Carrillo, 20, who accompanied the four to the home.

The attack is believed to have been precipitated by an incident involving the 17-year-old sister of Torrez’s fiance at a New Year’s Eve Party earlier in the evening. Mr. Elhinney said that the young woman got into some type of altercation there with one or more members of the arrested group. The 17 year old then went to the Torrez home as a safety precaution.

Her judgment proved to be correct – her older sister’s fiancee was able to successfully protect his family.

However, Torrez’s had a problem – he won. If the four attackers had made good on their threat, and killed him, attacked his fiance’s sister, and wreaked who knows what havoc on the remaining mother and child, Torrez would face no legal issues. But he’d be dead.

Dona Ana County (NM) District Attorney Mark D’Antonio has spent months directing the Dona Ana County Sheriff’s investigation, which included a recreation of the crime scene, numerous interviews, fingerprint and DNA analysis, and complete autopsy report to determine whether Torrez acted in self defense during the invasion.

Now Albuquerque’s KOB News reports that Torrez will not be charged.

The DA’s office said there was not enough evidence to prove Torrez killed Garces without legal justification.

“The decision not to charge Mr. Torrez is based on the facts and the forensic evidence presented by DASO. In particular, it was the scientific evidence that led to that conclusion,” said District Attorney Mark D’Antonio.