Here we go again...Home invasion.

Discussion in 'General Chat' started by Dave76, Jan 9, 2014.

  1. Dave76

    Dave76 Deheuol Gwyn Dragon

    Seems like at least once or twice a year you hear about a story like this.

    Anyone with better info than what's here, please feel free to chip in.

    Although details are sketchy at best, fact is 4 men broke into this guys home while his fiancé and young child were home and then set about trying to assault him. He fought off all 4 attackers, killing one in the process.......and now he might be looking at criminal homicide charges???o_O

    Seems to be conflicting stories out there, some say he fought with them before on new years, others that he never met them before, but does that really matter? Second they forced their way into his home, with his family right there....all bets are off surely?
    Would he be facing charges if he had used a gun and shot them? Sadly, probably not.
    Is he facing unjust scrutiny because he is a "Cage Fighter" and stabbed one of them to death and put two more into hospital?

    I know it's to soon to really do anything but speculate, until more details are released, but this does seem to be a case of the classic - 'Better to be tried by 12, than buried by 6.'

    Couldn't get the video to embed, but here's the link.

    And a paste from below.

    27-year-old professional MMA fighter Joseph Torrez has made international news when he defends his home from four men who broke in early on New Year’s Day. Of the four men who invaded the house, one died on the scene, another was hospitalized and two more were arrested. It seems now that Torrez could be charged with homicide.

    By Christopher Murphy @MurphMMA

    The news of Joseph Torrez’ ordeal has made headlines. Torrez’ home was invaded on New Year’s Day, and the 27-year-old MMA fighter successfully fought off his attackers. Of the four suspects, one was found dead on the scene, another was sent to the hospital and two more were arrested. Now, a New Mexico attorney is preparing for the possibility that Torrez be charged with homicide.

    The Las Cruces Sun-News covered the case:

    A Las Cruces attorney Sunday started an online campaign in support of Joseph Torrez. The 27-year-old construction worker and mixed martial arts fighter reportedly fought four gang members on New Year’s Day after they forced their way into his home on King James Avenue near the community of Doña Ana, according to court documents and Torrez’s attorney, C.J. McElhinney.

    In his initial post on the “Support Joe Torrez” Facebook page, McElhinney wrote: “Unfortunately, I think we are at the beginning of a very long fight. Please know that I have advised Joe to make no statements of any kind until this situation is resolved. He is reading all of your posts and truly appreciates your support.”

    McElhinney said he advised Torrez to stop cooperating with the Doña Ana County Sheriff’s Office late last week during an interview with investigators. Initially, McElhinney said, investigators had called it a self-defense case.
  2. Dave76

    Dave76 Deheuol Gwyn Dragon

  3. DeeD

    DeeD Nak Muay

    Well look over here if you kill anyone even in self defence you will be charged with either manslaughter or murder, Its a duty on the part of the state, you will then appear in court where the Judge will look at evidence of police etc listen to the Lawyers and then make a verdict, So the charges to me from my perspective make sense but then the defence of - self defence, necessity etc come into play and then form the mitigating circumstances and you are released. From a procedural perspective thats how it works here. Unfortunately someone I know went through this recently and killed the intruder
  4. Dave76

    Dave76 Deheuol Gwyn Dragon

    Mmm , I hear what your saying , but it just feels wrong to me. Guilty until proven innocent if you will. The media as usual seems only to happy to jump onto whichever side of the storey is selling more papers , as usual. The whole process just leaves a sour taste. And what about the other victims???
    The children and fiancé? Apparently their not interesting enough to merit an update about their condition and or feelings on the matter.
    The whole things seems pretty silly , when no one is denying the men broke in with the intention of causing grievous bodily harm and or death. The problem apparently is that he chased them out of the house and that that's where and when the stabbing happened. If he had just chased them out , fine , but he ran them down and continued the fight. Even though it was still on his property , that's where they're saying he crossed the line. I don't know how I feel about that though. I could certainly understand wanting to chase them away , not just out of the house. Chasing them down the street would be different....
  5. DeeD

    DeeD Nak Muay

    I read something about him actually knowing the guy he killed and that there was an altercation earlier that evening so that changes things a bit but agree completely you break into someones house while their family is there and want to hurt people you deserve what you get, Even if its further down the block
    dmach likes this.
  6. JFawkes

    JFawkes Initiate

    In the US there's something called the Castle Doctrine that says you can kill anyone who attacks you in your home or who you catch in your home, as long as the entire incident takes place in your home. It varies by state though, and there are some exceptions- you can't chase them out of your home and kill them, and you can't kill them if they surrender. New Mexico doesn't have such a law, but the presumption of innocence should be pretty damned high on his side, under the circumstances, as the fact that the men had a grudge against him should work in his favor, since it means he had reason to presume the men were there for violence rather than theft. Hard to see him getting charged.

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