Las Cruces DA estimates 2-3 weeks before offices decides fate of MMA fighter

An investigation is underway into the home invasion of a New Mexico-based MMA fighter that left one man dead, and prosecutors will decide before the end of the month whether he faces criminal charges.

The district attorney in charge of the case said police will recreate the crime scene and use forensic evidence to determine whether 27-year-old Joseph Torrez acted in self defense during the invasion on New Year’s Day in Las Cruces.

“Mr. Torrez has not been charged with a crime, and I won’t make any decision in the case until I’m satisfied that the case has been thoroughly investigated,” Dona Ana County (N.M.) District Attorney Mark D’Antonio told MMAjunkie.

D’Antonio said Torrez’s background as an MMA fighter will have “absolutely no bearing” on the decision and said his office will focus on whether his use of force was reasonable given the circumstances.

“It’s my belief that just because you’re gifted with certain skills, or size, or ability, makes no difference to me,” D’Antonio said. “If you’re 6-foot-9 and 350 pounds, as long as you act reasonably, then you’re covered. It’s just the same as if you were a 125-pound non-fighter weakling.”

Torrez reportedly was with his fiance and 2-year-old son when four reputed gang members broke into his mobile home and a fight broke out.

One of them, 25-year-old Sal Garces, was armed with a “shank” fashioned from a souvenir baseball bat. He was beaten and stabbed multiple times during the encounter and later died near the scene, the Las Cruces Sun-News reported. Another one, 20-year-old Nathan M. Avalos, sustained facial injuries and was arrested upon his release from the hospital.

Torrez sustained minor injuries, according to his lawyer.

Avalos and two other men, as well as two women believed to be present during the invasion, have been arrested and charged with multiple felonies, including aggravated burglary, conspiracy and attempted aggravated battery.

Torrez’s lawyer, C. J. McElhinney, said the home invasion was preceded by an incident at a New Year’s Eve party in which the younger sister of Torrez’s fiance was attacked by the two women believed to be involved in the invasion.

The alleged gang members subsequently called Torrez and threatened him, McElhinney said. The sister was present at Torrez’s home when the incident occurred.

McElhinney said police told him this past week that Torrez would be criminally charged, which prompted him to advise his client against cooperating in the case. He said authorities shifted course when public support emerged for the fighter.

A legal defense fund for Torrez has been set up, with donations coming from as far away as Denmark and Israel. McElhinney estimated a total of $1,000 has been raised.

“The battle has already started, and right now the battle is to keep him from being charged, period,” McElhinney said. “If he gets charged, then the battle is going to be to win the case. You don’t start fighting after you’ve been hit.”

The attorney also said he has hired a retired homicide detective to run a parallel investigation.

Torrez, who has a professional record of 1-5, currently is recovering from the incident at home. McElhinney said the fighter was scheduled to compete next week at an MMA event, but said the booking was canceled.

“He’s hanging in there,” said Jacob Benitez, Torrez’s trainer of four years at Gracie Barra Las Cruces. “He said it’s taken an emotional toll on him. He really wishes it wouldn’t have happened.”