Torres’ sentence reduced
A 36-year sentence issued to a teen convicted of shooting a convenience store employee during a botched robbery in 1999 has been set aside by the Tennessee Court of Criminal Appeals.
The action comes in the case of Abel Torres, who was 16 at the time of the crime. His sentence, after review by the appellate court, was reduced to a maximum 30 years, a deduction of six years from the original sentence. The court also directed the trial court to explain why it ran his sentences consecutively.
Torres, now 20, is serving his sentence after conviction on charges of attempted murder, aggravated assault and attempted armed robbery. He was convicted for shooting a Pit Stop North employee in the shoulder in September 1999 and firing on a man who came to her aid. Authorities say Torres and his stepbrother, Michael Cabrera, who received 10 years for his role in the crime, were attempting to rob the store when Torres apparently panicked and opened fire on the woman as she tried to drive away.
Torres was transferred to face trial as an adult given the nature of the crime. During trial, the defense maintained Cabrera, who was 19, was the one who fired the shot, saying Torres at first agreed to take the blame because he was a juvenile and believed he would not face a lengthy sentence. Cabrera denied firing the shot and turned state’s evidence against his sibling.
In assessing the penalty, former Circuit Court Judge Charles Haston noted Torres had shown no remorse and was a threat to the community. Torres’ sentence, which was maximum for the crimes for which he was convicted, was the longest ever given to a person under 18 in Warren County.
While upholding the conviction, the court of appeals shot down the maximum sentences, directing sentences of 10 years instead of 12 years on each of the counts. The court also directed Haston to hold another sentencing hearing and this time spell out what he meant by referring to Torres as a threat to society. They also want clarification on why Torres was given consecutive sentences. The ruling means Torres will face 10 to 30 years during re-sentencing.
District Attorney General Dale Potter said prosecutors will again ask for the maximum penalties which would now constitute 30 years if sentences are run consecutively. Torres remains held at the state penitentiary awaiting re-sentencing.