8-15-2011 California:A Desert Hot Springs man was sentenced to life in prison without the possibility of parole Monday for gunning down a friend over what turned out to be a false rape rumor.
Concepcion Rodriguez, 35, was convicted April 28 of the 2006 killing of Anastacio “Taquito” Torres, with a special circumstance allegation of murder in the commission of a kidnapping.
Co-defendant Mingus Chavarria, 33, pleaded guilty to second-degree murder and was sentenced in May to 15 years to life in prison.
Several of the victim's family members were on hand for Rodriguez's sentencing at Larson Justice Center in Indio.
“On behalf of my family, I want to thank the court for bringing us justice,” said Ernest Torres Jr., the victim's brother. “And we pray to God he has mercy on Mr. Rodriguez. We pray he finds the Lord in prison.”
Riverside County Superior Court Judge Richard A. Erwood denied defense attorney Demitra Tolbert's new trial and acquittal motions, and a request that Rodriguez not be required to pay restitution to the victim's family.
According to Deputy District Attorney Manny Bustamante, a rumor that Torres had raped Rodriguez's girlfriend, Andrea Garcia, had been circulating.
Rodriguez, he said, waited for Torres at his apartment in the 66000 block of Second Street in Desert Hot Springs the night of May 13, 2006. When Torres arrived home, the two got into an argument.
They left when the mother of Torres' girlfriend got upset that they were fighting, Bustamante said.
Rodriguez and Chavarria bound Torres' hands together with zip ties, walked him to a car and drove him to Rodriguez's apartment on Palm Drive, Bustamante said.
Once at the apartment, Bustamante said, Rodriguez — while waving a gun — questioned Torres and Garcia about the rumor.
“He said it was going to be him or her, but somebody will tell him the truth,” Bustamante said.
Once Garcia said she was, indeed, raped by Torres, she was taken out of the room and Rodriguez shot the victim, according to the prosecution.
Garcia testified during the trial that the rumor was false, but said she felt like she had to admit to it during the tense moment.
Chavarria testified that he witnessed the shooting at Rodriguez's apartment.
“I was in front of Taquito in the middle of the room and Mr. Rodriguez was behind him, shooting at a downward position,” Chavarria said, adding that Rodriguez fired three shots in quick succession.
Torres was found dead the morning of May 14 near Verbena Drive and San Lorenzo Drive, atop two blankets, with his hands secured in front of him, according to police. ..Source.. by JOY JUEDES, City News Service
Man Convicted Of Murder In DHS Rape Allegation Case
4-28-2011 California:
INDIO, Calif. -- A Desert Hot Springs man was convicted today of first- degree murder for gunning down a friend after his girlfriend said the victim raped her.
Concepcion Rodriguez, 35, faces life in prison without the possibility of parole for the 2006 killing of Anastacio "Taquito" Torres.
Rodriguez, whose trial lasted seven court days, faces life without the possibility of parole when he is sentenced on June 17.
A jury began deliberations late Tuesday afternoon and will reconvene at the Larson Justice Center this morning to resume discussions of the case.
Deputy District Attorney Manny Bustamante said a rumor that Torres had raped Rodriguez's girlfriend. Andrea Garcia, had been circulating for several weeks before she substantiated the account.
``Determining the truth of the rumors or the character of the defendant isn't anyone's task,'' Bustamante told the jury. ``But holding people responsible of their actions, for taking it into their own hands, is yours.''
Defense attorney Demitra Tolbert countered that the rumor had been spread for much longer than several weeks and that few people believed it was true.
``Is it a motive for murder if Concepcion Rodriguez did not believe it?'' Tolbert said. ``The answer is no.''
Bustamante said Rodriguez waited for Torres at his apartment in the 66000 block of Second Street in Desert Hot Springs the night of May 13, 2006. When Torres arrived home, the two got into an argument over the rumor. They left when the mother of Torres' girlfriend got upset that they were fighting, the prosecutor said.
``(Rodriguez) told (Torres) `If you don't have anything to hide, then just come with me,''' Bustamante said. ``That was the last time anybody ever saw Anastacio alive.''
Rodriguez and another man, Mingus Chavarria, bound Torres' hands together with zip ties and walked him to a car, driving him to Rodriguez's apartment on Palm Drive, the prosecutor alleged.
Chavarria, 33, testified that he witnessed the shooting at Rodriguez's apartment.
``I was in front of Taquito in the middle of the room and Mr. Rodriguez was behind him, shooting at a downward position,'' Chavarria said, adding that Rodriguez fired three shots in quick succession.
Once at the apartment, Bustamante said, Rodriguez -- while waving a gun - - questioned both Torres and Garcia about the rumor he heard.
``He said it was going to be him or her, but somebody will tell him the truth,'' Bustamante said.
Once Garcia said she was, indeed, raped by Torres, she was taken out of the room and Rodriguez shot the victim, according to the prosecution.
Chavarria testified that he saw Torres' hands bound together with zip ties and that the victim ``went willingly'' with them to the car, which a woman drove to Rodriguez's apartment on Palm Drive.
Chavarria, 33, pleaded guilty to second-degree murder in September 2009 in exchange for a prison term of 15 years to life, Bustamante said.
His arrest in February 2009 on suspicion of participating in a street gang led investigators to reopen the murder case, which had gone cold, and take Rodriguez into custody in June of that year.
Tolbert said there were several inaccuracies in the statements given by both Chavarria and Garcia, who the attorney said is now married to Rodriguez.
She said Chavarria contends Torres was shot three times -- the coroner's office determined it was twice -- and his hands were bound with black zip ties, not clear ones as found with Torres' body.
``You will notice that Mingus Chavarria's or Andrea Garcia's testimony will not be credible at all and there will be reasonable doubt,'' Tolbert told the jury.
Tolbert also said that at the time of the killing, Torres had angered a father in the area for initiating his daughter's beating by a group of men several weeks prior. Torres already had been attacked once in retaliation, the attorney said.
Torres was found dead the morning of May 14 near Verbena Drive and San Lorenzo Drive, atop two blankets, with his hands secured in front of him, according to police. ..Source.. by Erik Sandoval, iReporter and Digital Content Director
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