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Violent Past for Sierra LaMar Murder, Kidnap Suspect, Court Records Reveal

Antolin Garcia-Torres was charged and found guilty of a misdemeanor for resisting arrest, vandalism, felony battery and unlawful sexual intercourse with a minor.

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.

Mckenna Smith May 23, 2012 at 07:18 AM
Praying for the LaMar family.
Jeffrey Bachman May 23, 2012 at 07:23 AM
Clearly this was a very unstable person. Sad he wasn't caught for this and put behind bars sooner. How are people supposed to protect their families against these individuals?
Michael May 23, 2012 at 09:26 AM
Our family will continue praying that somehow, Sierra is found,.......Alive! Miracles DO happen every day!!!..... Dear Father, please bring her back home to her family. I can feel their pain, just through the news.. Our hearts pour out to their family. May God give you Strength and Peace every single day.. We cannot give up hope,,,,we need more prayers to bring this young girl home!
Stephanie Bennett May 23, 2012 at 04:57 PM
People like this are almost never caught until the extreme has happened; I don't know how we protect ourselves because the crimes they commit up until something as tragic as kidnapping and murder are not enough to keep them in jail and we have just about zero means to attempt rehabilitation so they end up going back to the same life they had before jail. We are all thinking of the LaMar family during this time of grief and crisis.
Sandra Vaurs May 23, 2012 at 05:12 PM
It looks like Mr. Garcia is a bad seed that should have been removed from society before this happened. Too bad a whole family has to suffer because of what he (presumably) did.
susan baker May 23, 2012 at 05:26 PM
Is this disgusting pig even legal??? I am not a death penalty advocate but it would not bother me a bit if they castrated him and sent him to a Mexican prison.
Mike Calahan May 23, 2012 at 05:50 PM
Given the fact that he's been arrested before and not deported, I'm guessing he's a citizen. But, yeah, way to jump to that irrational conclusion.
Micaela May 23, 2012 at 06:00 PM
Usually, there is a pattern in this type of behavior. The infractions just keep escalating. Yet, with every infraction, they just get a slap on the hand and let loose to go back into our society. They have to commit murder in order to get the attention from law enforcement and by then, it is too late for the victim. It is sad that in America, this happens on a daily basis.
1BrianWorkman1 May 23, 2012 at 06:06 PM
If Garcia had acted in this manner back in the 50's, he would have still been in jail, long before he would have committed this murder! But the touchy/feely society today, always wants to give these muderers a dozen chances to go straight, and it ends up with murder! His excuse will be that he had a bad childhood growing up, and it's not his fault!?!?! Our judicial system sucks by giving the carreer criminal all the breaks, and the innocent die because of this!?! The JUdges and Police should be held accountable for this murder happenning!!
Larry Arzie May 23, 2012 at 06:08 PM
Sad. Sad for both families. Sad for our 30+% Latin named population that are just as outraged as I am that this person may have brought shame to their community. Sheila, your research of the records brings insight into this tragedy. That's why the records are there for public use. You have made good use of them. This along with our local murder of Mark...........by another Garcia, could make lasting impressions in our minds of our emigrant population. Please everyone don't let this bias you.
ana May 23, 2012 at 08:29 PM
http://www.myspace.com/303044008
ana May 23, 2012 at 08:36 PM
above is a link to suspects old myspace profile
Mary Smith May 23, 2012 at 08:50 PM
And yet this effen SOB bastard was free to roam the streets, and get his hands on Sierra LaMar??? There is a place in HELL for this monster ... it's just too bad he didn't get there sooner!!!
ana May 23, 2012 at 08:59 PM
I just noticed his myspace has pictures of a dead bird with a caption "not my fault" what a sicko.
Suzanne May 23, 2012 at 09:46 PM
MIKE CALAHAN-In point of fact, my cousin, in Kenton Ohio, has lived with an illegal on and off for 10 years and has a kid with him. He has been arrested 3 times that I know of for driving drunk and released. They know he isn't legal and do NOTHING about it. Now they are getting married. Please explain to me how an ILLEGAL low life has sat and drawn food stamps and medical coverage and now can get married so he can stay forever with full knowledge of law enforcement? The cops are a joke; that's why!
Dyan Chan May 23, 2012 at 09:50 PM
So sad, all around.
Julie Davis Berry May 23, 2012 at 10:29 PM
I'm so glad the sheriff's department was able to identify the suspect so quickly and eventually arrest him. Now, he needs to tell where Sierra is so the family can have some peace. They need to know where she is and bury her with the respect she deserved. Such a sad end to a tragic story.
Kim Ratcliff May 23, 2012 at 10:44 PM
I agree with everything Julie said. What a tragic end to a nightmare for the LaMar family. I read in the SJ Mercury that the suspect had at least twice tried to kidnap women including one incident where he hid in the back of one woman's car in the Safeway parking lot and then tasered her. Somehow she got away. Innocent until proven guilty but it sure seems like this is the scumbag who took the life of a beautiful, smart young woman. I only hope Sierra didn't suffer.
Jim Thrall May 24, 2012 at 12:17 AM
So sad. I propose that this may be an example of a school and legal system that wasn't set up to screen for, identify, and treat what is obviously some terrible deficiency in this guy. This is a small but tragic example of why we need more comprehensive services available for all children and divert, and remediate early and often. It is easier to build strong children than fix broken men. (Fredrick Douglass)
Doreen May 24, 2012 at 01:11 AM
It's not the cops Suzanne...it's our f'd up judicial system !!!! The police do their jobs by arresting these low life's and then the court let's them go !!!! My prayer's go out to the Lamar family !!!! I'm praying that Sierra comes home safely !!!!!
Texas NDN May 24, 2012 at 01:32 AM
AMEN, Michael. We're praying every day for them too. God bless you !
Jani May 24, 2012 at 01:33 AM
We may not like letting scum get away, but we also don't like to have to pay to keep them in jail. It's a myriad of problems with no easy solution. I'm concerned with Safeway's hiring standards that they either don't background check or they did and felt his offenses were acceptable to work with the general public. Scary either way.
Jeanne Rajabzadeh May 24, 2012 at 02:59 AM
Thanks for the detailed report Shelia. Seems like this guy had some real problems, too bad he was not given a longer time in jail for the other crimes. Hope he tells the police where Sierra is-for the sake of her family.
Pete Arballo May 24, 2012 at 07:40 AM
Its seems he has a thing for the Lake Cunningham area, I believe the sheriff's dept. should really scour the area.
george washington May 24, 2012 at 08:23 AM
After reading all these comments with all sort of peoples opinion I came to the conclusion that america is the most racist place in the world. This case is flipped on the wrong person. Propaganda is still very effective in how people are quick to believe what the media will release to the public. This person has a rough record and at this point the DA will look at this latino and put the blame on him. Case closed and it is sad that a responsible hard working latino american citizen providing for him and his family will live behind bars because of a false accusation.
Kell May 24, 2012 at 03:57 PM
Please enlighten us as to how it is a flase accusation? The police have DNA evidence against this man. Yes, I agree many people are racist however DNA is not.
Pete Arballo May 24, 2012 at 05:46 PM
What a coward - leave yer real name and not that of one of our nation's great patriots. You dirty his name by defending such a fiend. He is just a high school drop out who lives with his mother, has a record (which if I had his record I would never be near children who weren't my own) and his DNA and her DNA were found in 2 different places putting them to together so for someone who is "innocent" and victim of a racist system he knows more then anyone else does and if he doesn't come forward he is just as guilty as if he did kill her, which I have little doubt he did do. You are probably someone who knows him and you think he couldn't do this, people are capable of many many dark things.
Mike Calahan May 24, 2012 at 06:48 PM
"No drugs. No financial problems. He worked three jobs to put himself through college and put his wife through college. They both worked hard to get everything they had, and they were enjoying it to the hilt. And they adored each other." - Jackie Peterson, mother of convicted murderer Scott Peterson.
crissy May 25, 2012 at 06:06 PM
Being latino has nothing to do with anything. There are caucasion,asian, african american people raping and killing just as well. Who are any of us to decide if he is guilty or not. You only know what is said through media. People that are not detectives are called armchair police. You do not know details. Dont be so quick to judge. I pray she is alive and found safely for her family and friends sake. I also pray they have the right person in custody and not just pointing a finger just to have soneone in custody. Just because of a past record doesn't consider someone a killer. He's a young man and has made mistakes like anyone else. People are amazing the way they judge, as of they are god...rethink before you post awful things about people and situations.
LifeisSimple June 07, 2012 at 08:25 PM
^George Washington - Have you seen his MySpace page? He doesn't seem very hard working to me. I see him making, promoting, and doing drugs...hmmmm...

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