Appeals court roundup: Hammond man's home invasion conviction upheld
Valentine Torrez initially told police he was a victim, too, on Nov. 13, 2021, when a masked man entered his relative's unlocked door in Hammond, blindfolded, then sexually assaulted her and the woman's 12-year-old daughter.
Later, he was charged when his DNA came back, including on the relative's lower back and the child's neck and underwear. Torrez, 50, got 33 years in May 2024 after he was convicted of rape, a Level 3 felony; child molesting, and criminal confinement — about half his charges.
Prosecutors Arturo Balcazar and Lindsey Lanham alleged Torrez helped plan the home invasion with co-defendant Garrett Whittenburg to assault the female relative and take her credit cards.
In a 3-0 decision, Appeals Judge Mary DeBoer rejected Torrez's argument that there wasn't enough evidence for his conviction. Prosecutors needed to show 'concerted action' with the child's assault.
'His course of conduct during and after the offense also supports that Torrez was an accomplice,' she wrote, later adding, 'Torrez left the home rather than assisting or seeking help for them.'
'Clearly, the jury found (the witness's) testimony credible and could reasonably infer Torrez's guilt beyond a reasonable doubt from the evidence presented at trial,' DeBoer wrote.
At trial, defense lawyer Kerry Connor argued some parts of the woman's story were inconsistent over time. Torrez can appeal to the Indiana Supreme Court.
His earlier release date is in January 2047. Whittenburg's trial is scheduled May 12.
Misdemeanor overturned after Gary man shot police dog
The Appeals Court overturned a misdemeanor conviction for Spencer Patterson — after he shot a police dog when an officer was trying to arrest him — saying it violated double jeopardy.
Patterson, 31, got eight years and has to repay $11,000 to Gary Police. Jurors acquitted him of attempted murder in the case of the officer, but they convicted him of battery by means of a deadly weapon, one count each of felony and misdemeanor resisting law enforcement, and one count of striking a law enforcement animal.
Gary Police Sgt. Angel Lozano and his K-9 Falco were chasing Patterson in July 2023 on the 1000 block of E. 35th Place when Patterson shot the dog.
In a 3-0 decision, DeBoer ordered Judge Salvador Vasquez to vacate — or cancel the lesser misdemeanor conviction, saying what happened was too close in time to be convicted twice. His earlier release date is in October 2030.
Sentence upheld in rape case
The court rejected a former Gary man's argument that his prison sentence was too harsh for a woman's assault.
Tyron Smith, 32, got 16 years in December after he pleaded guilty to aggravated battery. He was originally charged with rape.
In a 3-0 decision, Appeals Judge Elizabeth Tavitas said his sentence was appropriate.
The woman told police she let him stay at her place in February 2024, then woke up overnight as Smith was having sex with her. She was 'very upset' and told him to stop. Smith then forced the woman to perform a sex act, then forcefully raped her, according to court records. He forced her to 'consume cocaine' between assaults, the affidavit alleges. The woman said he was abusive to her when drunk or high in the past, court records show.
'Given the brutal nature of Smith's offense and his poor character, we cannot say that his sixteen-year sentence is inappropriate,' Tavitas wrote.
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