Jan. 9, 2014
Family to honor slain suspect in Doña Ana home invasion
Investigators looking to ID others possibly involved in deadly Jan. 1 incident
LAS CRUCES >> As authorities continue their investigation into the deadly home invasion New Year's Day, family and friends will gather Thursday to remember the man killed outside a home in Doña Ana.
Sal Garces and three other men forced their way into the home of Joseph Torrez, a mixed martial arts fighter, about 2 that morning, Doña Ana County sheriff's investigators allege. Deputies later found Garces stabbed and beaten in a roadway near the 600 block of King James Avenue. Garces, 25, died at the scene.
Garces, of the 1600 block of Santa Cruz Road, left behind two children and numerous other family members, according to anobituary published Wednesday. Family and friends remembered Garces' "big heart," as several people wrote in online memorials.
Five people have been arrested so far in connection to the home invasion -- the three other gang members who reportedly joined Garces in barging into the home, and two women who rode along and stayed in the car.
There could be more arrests.
"Investigators are trying to identify other people who might have been at the scene and to what extent, if any, their involvement was," DASO spokeswoman Kelly Jameson said Wednesday in an email
Torrez remains in limbo, uncharged but not yet cleared by the district attorney's office.
He has stopped cooperating with investigators, per the advice of his attorney C.J. McElhinney, and has not spoken publicly about the incident. McElhinney has repeatedly and adamantly said Torrez's actions were justifiable self defense.
McElhinney started an online campaign this week to support Torrez, an effort that has raised more than $1,000 for any potential legal defense costs. It also has generated a surge of people championing self-defense rights, many incredulous that officials are considering charges against Torrez.
According to New Mexico jury instructions, a confronted person, such as Torrez, has the right to self defense and does not have a duty to retreat before engaging attackers.
But "when acting in self-defense, a person may use no more force than is reasonably necessary to avoid the threatened harm," according to commentary that accompanies the state jury instructions.
Also, attorneys say, the legal scenarios can change if the attacker flees.
Investigators are still trying to determine where the incident fits, as self defense is one of the theories they are pursuing, Jameson said.
A cousin of Garces, Leonard Calvillo, 22, faces the most charges: aggravated battery, aggravated burglary, related conspiracy charges and criminal damage to property.
Garces' younger brother, Raymond Garces, 19, and 20-year-old Nathan Avalos face felony charges related to the burglary and battery, plus criminal damage to property. Avalos was in the hospital for injuries he reportedly received from Torrez while trying to run from the scene.
Cylver Pearl Betancourt, 18, and Rachel Carrillo, 19, each face aggravated burglary and conspiracy charges. They reportedly stayed in the car during the home invasion.
Wednesday afternoon, McElhinney wrote on the "Support Joe Torrez" Facebook page that all five should face more serious charges, too, including felony murder, intentional child abuse and attempted murder.
He explained that all five could be criminally liable for Sal Garces' death since it occurred during felonies they allegedly committed.
As for the child abuse, McElhinney noted that Torrez' 2-year-old son was inside the home at the time, and the alleged invaders knew this.
Sal Garces reportedly told Torrez, "I'll kill you ... I'll shoot your son in the head," court documents state.
McElhinney said based on their conduct and threats, "evidence supports" a charge of attempted murder on all five.
Torrez's next MMA bout, scheduled for Jan. 17, has been cancelled, McElhinney said.
Torrez has had run-ins with the law. A search of court records shows he has been accused of misdemeanors, several related to domestic incidents. Those charges have been dropped or eventually dismissed through the court processes.
McElhinney said Torrez does not have gang ties, but has "lived hard" and is a "fighter."
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