Tuesday afternoon Update: District Attorney Micheal Murray released the following statement regarding the Rene Pinon Torres punishment plea bargain:
On Tuesday, October 23, 2012, the defendant Rene Pinon Torres entered into a plea bargain agreement which sentenced him to 40 years confinement in the Institutional Division, Texas Department of Criminal Justice. The defendant was charged with the March 12, 2012 shooting death of Eduardo Lopez at the Early Donut Shop.
The defendant’s trial began on Monday, October 22, 2012 in the 35th Judicial District Court. Before jury selection the defendant entered a guilty plea and elected to have a jury determine his punishment. Tuesday morning before opening statements, the defendant elected to enter into a negotiated plea agreement in lieu of facing the Brown County jury.
Since the March 12th shooting, the defendant has maintained that his crime was committed while under the influence of sudden passion. The defense was expected to present evidence that the victim, Eduardo Lopez provoked the defendant, thus resulting in the commission of the offense. Had the defense been successful in proving their sudden passion claim, the punishment range would have been reduced from a 1st degree felony of 5-99 years or life to a 2nd degree felony of 2-20 years in prison. As a part of the negotiated plea agreement, the defendant waived his defense of sudden passion, as well as his right to appeal the case.Under the applicable parole laws, the defendant will be required to serve one half of his sentence before becoming eligible for parole. Parole eligibility is not a guarantee of release from prison. It is simply the first opportunity for a defendant to be considered for parole.
In reaching this plea agreement, consideration was given to the fact that the maximum sentence available under the law for the defendant was life in prison with parole. Under the applicable parole laws, the defendant would have become eligible for parole after 30 years if receiving a maximum sentence. Thus, the 40 year negotiated plea agreement guarantees that the defendant will serve a significant sentence with no appeal and only 10 years below the maximum when considering parole eligibility. The death penalty and life without parole are not available sentences in a 1st degree murder case in the State of Texas.
The decisions are never easy because any sentence can never equal the value that a family or society places on a life lost. However, these decisions serve to avoid the defense strategy to attack the character of the deceased victim while also guaranteeing a lengthy prison sentence. Murray said that there is a great value to a bird in the hand as opposed to the unknown of what a jury might do. Murray said that in his 18 years prosecuting criminal cases, he has tried multiple cases like the Torres case, and they are not always as cut and dried as some folks may think.
“I’ve seen juries take cases like this one and give sentences of 15 years or less, and it leaves victims’ families feeling worse,” said Murray. “I feel like we selected a good jury and that was probably why the defendant decided to accept a high plea agreement.”
Murray said that prior to picking the jury, the parties were 30 years apart on an agreement.
A daughter of Mr. Lopez gave a victim impact statement to the defendant during the sentencing which was emotional, but composed. The statement incited the defendant to apologize to the family for his actions. Murray called the shooting senseless and undeserved, and said he will oppose any efforts of the defendant seeking parole.
Original article: 33-year-old Rene Pinon Torres was sentenced to 40 years confinement in a plea bargain for the first-degree murder of Brownwood businessman Eddie Lopez on Tuesday, March 12, 2012. 35th District Judge Stephen Ellis accepted the plea, and picked a jury to decide Torres’ punishment this morning in 35th District court in Brownwood. Judge Ellis said the court would refer to the defendant by his legal name of Torres rather than Pinon, as is sometimes common in the Spanish culture.
Moments before testimony was to begin, Judge Ellis announced to the courtroom that the prosecution and the defense had reached a plea agreement. The Jury of 7 men and 6 women was excused.
State’s Attorney Micheal Murray and Assistant District Attorney Sam Moss told the court that the agreement would be for Torres to serve 40 years confinement in the Institutional Division of the Texas Department of Corrections. Under the agreement between Torres’ attorney Jason Johnson and Murray, the charge of Tampering with a Government Document would be dismissed. Torres, through a court-appointed interpreter, said he understood the charges against him, and agreed to the plea agreement with the state.
According to Judge Ellis, if the jury had been allowed to hear the punishment phase, it would’ve been possible to come back with a punishment for a second degree murder charge, and a lesser sentence of two to twenty years and up to a $10,000 fine. The first degree murder charge carries a five to ninety nine years and up to a $10,000 fine.
During an emotional victim’s impact statement, Eddie Lopez’ daughter Holly Lopez, faced Torres and told him that she forgave him for taking her father’s life.
“I just want to understand”, she told Torres, “…it was a senseless act that deprives me, my family, and my children of learning from and knowing their grandfather. What’s even more hurtful to me is that, as I stand here before you, I don’t see any signs of remorse. My family and me…we just want to know why you did it?”
Torres responded thru the interpreter and never answered Ms. Lopez question. He said, “I pray every day to God. I know what I did was wrong. I can’t explain what was going through my mind at that moment. It just happened…that fast. I ask for forgiveness.” Torres didn’t go into any more details about why he shot Eddie Lopez.
The total proceedings took only thirty-eight minutes in 35th District Court.
