ALBUQUERQUE, N.M. (KRQE) - Jury selection is now underway in the trial of Tony Torrez, the man charged with the road rage murder of 4-year-old Lilly Garcia.
Attorneys are going over the 1,400 jury questionnaires that were sent out.
Torrez is accused of opening fire while driving on I-40, killing 4-year-old Lilly Garcia last October. Lilly's father said he was attempting to exit I-40 when a car crossed two lanes of traffic, cutting him off. According to court documents, that's when Lilly's father and Torrez exchanged words and shots were fired, hitting Lilly in the head.
His case has also been at the center of expensive TV ads that ran during the election, targeting former Sen. Michael Sanchez. Both Sanchez and Torrez's defense team have questioned why the father of Garcia was not charged for his role in the road rage incident.
That was the defense's argument back in September when they asked to use a forensic psychologist who would testify that Lilly's dad provoked Torrez, and that average person would also have pulled out a gun and started shooting.
Prosecutors argued there was no science behind the expert's opinion, and a judge agreed.
Opening statements in Torrez's trial are expected to begin early next week.