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Familiarity delays murder hearing

JESSICA E. DAVIS • City News Service • October 21, 2009

A preliminary hearing for a reputed gang member accused of kidnapping and fatally shooting a man in Desert Hot Springs was suspended Tuesday when his attorney realized he knew one of the witnesses.


Concepcion Rodriguez, 33, is accused in the abduction and slaying of 27-year-old Anastacio Torres, whose body was found in a field near Verbena and San Lorenzo drives in May 2006.

Witnesses had been testifying for more than an hour when defense attorney James Silva said he realized he had represented one of the witnesses last year.

Silva said he informed the judge of the possible conflict and later confirmed with the witness that he had represented him.

The attorney removed himself from the case and Riverside County Superior Court Judge William Lebov ordered Rodriguez to return to court Oct. 28 for a confirmation of counsel hearing.

In a preliminary hearing, a judge decides if the prosecution has enough evidence hold the defendant for trial.

If bound over, Rodriguez would face life in prison without the possibility of parole.

Rodriguez's co-defendant, Mingus Chavarria, pleaded guilty to second-degree murder last month, according to court records.

Chavarria will face 15 years to life in prison when he is sentenced Dec. 4.

The men, who were arrested in June, are accused of abducting Torres and interrogating him before killing him, because Rodriguez believed the man had raped his then-girlfriend.

Torres was last seen alive by his girlfriend around 11:30 p.m. on May 13, 2006, at an apartment complex in the 66000 block of Second Street in Desert Hot Springs.

The victim was seen leaving the apartment with Rodriguez and a man who was unknown to the family, according to police Sgt. Radames Gil, who prepared a declaration in support of an arrest warrant. Torres was found dead the next morning.

A cellmate of Rodriguez came forward last November and told a Riverside County district attorney's investigator that Rodriguez had told him he had killed Torres for raping his girlfriend, according to the declaration.

‘‘Rodriguez told the cellmate that he had tied up and tortured Torres, breaking Torres' kneecaps and toes with a sledge hammer, and that he ultimately shot Torres,'' Gil wrote.

In March, Chavarria downplayed his alleged role in the murder in an interview with the investigator, but provided other details, according to Gil.

Chavarria said he went with Rodriguez to talk to Torres at an apartment on Palm Drive.

Rodriguez had brought his girlfriend to the apartment to confront Torres, according to the declaration. Torres denied raping the girlfriend, but Rodriguez didn't believe him, according to the document.

Chavarria said he turned his head and heard two gunshots, according to Gil. He denied helping to get rid of Torres' body, which was discovered on May 14, 2006, atop two blankets, his hands tied in front of him with plastic zip ties.

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