BAY AREA, CA — The young Morgan Hill man Santa Clara County Sheriff's investigators say kidnapped and murdered missing teen Sierra LaMar had been convicted of two misdemeanor crimes in 2009, court records reveal.
They also indicate Antolin Garcia-Torres had been arrested June 16, 2010 for felony battery and unlawful sexual intercourse with a minor between Oct. 1, 2009 and June 9, 2010.
Resisting an Officer, Vandalism
In the first case, Garcia-Torres, 21, arrested late Monday evening at the Safeway in Morgan Hill on Tennant Avenue and Monterey Road, was charged by the Santa Clara County District Attorney's Office with one misdemeanor count of resisting, delaying, and obstructing a peace officer during an altercation at Garcia-Torres' residence in May 29, 2009.
Garcia-Torres was also accused of vandalism costing less than $400, a misdemeanor, for defacing his jail cell bench with graffiti and plugging a toilet with a roll of toilet paper because he was "bored" at the Morgan Hill Police Department's jail following his arrest, court records obtained Tuesday at the South Santa Clara County Superior Courthouse in Morgan Hill disclose.
At the time, Garcia-Torres lived on Llagas Road in San Martin, a small town south of Morgan Hill. The resisting arrest incident occurred when two Morgan Hill police officers were making a probation compliance check at his residence for a man identified as Agustin Chavez, who had previously been charged with domestic violence, the records state.
As the officers approached Garcia-Torres' residence, they saw him run inside. A chase ensued and he was later located in the area. On becoming "combative" with police, he was arrested for obstructing the officer, according to the police report.
Both Garcia-Torres and Jared DiSalvo, who had an outstanding $100,000 warrant, were arrested and booked into Santa Clara County Jail, the report said. Garcia-Torres yelled profanity at the officers and "postured as if he wanted to physically fight with us ... [and] continued to walk towards us in a threatening manner," according to the report.
Garcia-Torres was put on probation, completed a 16-week class, served a total of 10 days in jail for the two charges and on Aug. 13, 2009, when he was just 18 years of age, waived his right to an attorney, choosing to represent himself in the matter.
In court records that he signed, Garcia-Torres stated he attended the alternative Central Continuation High School in Morgan Hill and worked at Safeway.
Felony Battery, Unlawful Sexual Intercourse With Minor
In more serious, unrelated cases, Garcia-Torres was charged with one count of felony battery resulting in serious bodily injury and another count of unlawful sexual intercourse with a minor.
In the battery incident, the Santa Clara County sheriff's arrest report said Garcia-Torres had gotten into an argument on June 16, 2010 with a man who lived in the same San Martin residence with him.
Garcia-Torres reportedly struck the man multiple times with his fists, resulting in a laceration that required multiple stitches, caused the victim to experience nausea and vomiting and required the man's hospitalization at in Gilroy.
The argument, according to the arrest report, was due to unpaid rent to his mother.
Garcia-Torres then admitted to officers he had a girlfriend, a minor, who was pregnant and living with him at the time of the arrest. He was arrested and booked into Santa Clara County Jail once again in connection with the unlawful sexual intercourse with minor, which reportedly took place on or about Oct. 1, 2009 and June 9, 2010, the records say.
The records also show he enrolled in an anger management class, that the District Attorney requested a protective order be issued against him to keep him away from an unidentified person and that he was freed from jail for the assault and sex with a minor cases after posting $25,000 bail.
Media Frenzy in Morgan Hill
Meanwhile, at the small and tranquil Maple Leaf RV Park in Morgan Hill Tuesday where Garcia-Torres lives with his mother, Laura Torres, a security guard couldn't keep reporters away from trailer 226.
The door of the small white parked vehicle had been knocked on by dozens of journalists trying to get an interview with the woman who has insisted her son is innocent in connection with the Sierra LaMar case.
The Santa Clara County District Attorney intends to file felony kidnapping and felony murder charges against Torres' son during his arraignment scheduled for Thursday at 1:30 p.m. at the South County Courthouse at 301 Diana Ave., although the location may be changed to the San Jose Hall of Justice at 190 W. Hedding Street.
Just down the street on Monterey Road in Morgan Hill, in unit 137 of the Jasmine Square apartments, a family friend of Garcia-Torres' sister, Lucero Garcia, said she was tired of speaking to media representatives who had also knocked on her door all day.
"I'm a friend and I know he didn't do what they're saying he did," Sergio Montes said in Spanish.
Tom DiVittorio, the owner of the Maple Leaf RV Park located at 15200 Monterey Road, confirmed Garcia-Torres lived there with his family. He said his mother has resided at the park for the past two years without any problems.
DiVittorio said he had not spoken to Garcia-Torres' family to see how they were doing and did not know Garcia-Torres. "I've been sad by the news since I heard it," DiVittorio said. "But I wouldn't recognize him if I saw him."
"They're a very quiet family. The whole park is quiet. If people cause problems, we ask them to leave," he added.
For previous coverage of the Sierra LaMar case, refer to the Sierra LaMar Disappearance: Comprehensive Updates and Information page on Gilroy Patch.