ALBUQUERQUE, N.M. (KRQE) – New motions filed show a glimpse into how Lilly Garcia’s suspected killer might try to defend his actions, and prosecutors want to put a stop to it.
Prosecutors are worried Tony Torrez will try to blame Lilly’s dad for causing the road rage murder.
Prosecutors have filed motions to stop certain testimony at Torrez’s upcoming trial.
Prosecutors claim the defense will bring in an expert witness that will say Torrez fired shots because he was sufficiently provoked. The motion states because of that, Torrez lost temporary self-control and any average person would’ve lost it too.
In Torrez’s initial interview with police, Torrez said Alan Garcia cut him off and tried to run him off the road in his Dodge pickup.
“I was in fear for my life. I almost wrecked twice. I didn’t know what else to do,” said Torrez to police.
Torrez said he tried to get away, but the truck kept coming after him.
“What happened after that,” asked an officer. “I shot at him,” answered Torrez.
Another state motion filed said the defense wants Alan Garcia’s ex-wife to testify. In the motion, prosecutors state that she has nothing to do with the case.
Finally, the state wants to keep the defense from bringing up any involvement the Garcia family had in pushing for a crackdown on road rage, along with the GoFundMe page created for the family, calling it irrelevant.
It’s not clear why prosecutors are worried about the defense bringing up Lilly’s GoFundMe page.
It’s now up to a judge to rule on the motions.
Torrez’s trial is set for the end of October.
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