The District Attorney’s Office concurs with the Doña Ana County Sheriff’s Office that after a thorough investigation, that included numerous interviews and police field investigations, finger print, DNA and blood type analysis, and a complete autopsy report, the evidence does not exist to prove beyond a reasonable doubt that Joseph Torrez killed Sal Garces without legal justification. Torrez claimed he was the victim of a home invasion.
The Doña Ana County Sheriff’s Office is not recommending charges against Joseph Torrez and the District Attorney’s Office will not pursue charges against Joseph Torrez in this matter.
The district attorney's office states that factual details in the case cannot be discussed at this time because five defendants facing charges of Aggravated Burglary, Conspiracy, and Aggravated Battery are pending trial in a related case.
District Attorney Mark D’Antonio said, “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.”
Information from:Third Judicial District Attorney's Office