Santa Clara County authorities are considering their next steps after an appeals court overturned the conviction of a man accused of kidnapping and murdering Morgan Hill teen Sierra LaMar in 2012.
California’s Sixth Appellate District announced on Feb. 27 that the 2017 conviction of Antolin Garcia Torres on a first degree murder charge is reversed. Garcia Torres, who was a Morgan Hill resident when he was arrested in relation to LaMar’s disappearance, can be retried.
“In any retrial of (first degree murder), based on our finding of insufficient evidence of willful, deliberate and premeditated murder or a specific intent to kill, the prosecution is barred from relying on those theories,” says the Sixth Appellate Court’s ruling, which was signed by Judges Adrienne Grover, Daniel Bromberg and Sunil Kulkarni.
District Attorney Jeff Rosen, as of the morning of March 2, had not yet decided whether to charge and try Garcia Torres again.
“We just received the opinion and are digesting it,” the DAs office said in a statement shortly after the appeal ruling was published. “However, we will never stop seeking justice for Sierra.”
Sierra LaMar was 15 when she was reported missing from her north Morgan Hill Home in March 2012. LaMar was a sophomore at Sobrato High School.
Garcia Torres was arrested in May 2012 in connection with LaMar’s disappearance. He faced trial at the San Jose Hall of Justice on charges of first degree murder, as well as unrelated accusations that he tried to kidnap three women in local grocery store parking lots in 2009.
The jury convicted Garcia Torres on all charges on May 9, 2017; and sentenced him to life in prison without the possibility of parole on June 5. The DAs office had sought the death penalty, and the sentencing decision under state law was the jury’s responsibility.
LaMar’s remains have not been found. Without a body or muder weapon, the DAs case against Garcia Torres relied heavily on trace DNA evidence found in his vehicle and on Sierra’s belongings. The teen’s backpack, cellphone and clothing were found on the side of the road, close to her neighborhood in the days following her disappearance.
During the 2017 trial, investigators detailed how they determined that Garcia Torres kidnapped LaMar while she was walking to her school bus stop at Palm and Dougherty avenues the morning of March 16, 2012. He killed her hours after abducting her, and disposed of her remains in an unknown location, according to authorities.
Law enforcement officers from throughout the state were joined by hundreds of volunteers as they scoured South County looking for LaMar’s remains. The search continues, as the Santa Clara County Sheriff’s Office said on Feb. 27 that its investigators have continued to pursue leads in the years since Garcia Torres was convicted.
“Our detectives have continued to diligently pursue new information and remain unwavering in their commitment to this investigation,” says the sheriff’s statement in response to the Feb. 27 appellate court’s ruling. “They will not rest until Sierra is found and closure can be brought to her family.”
The sheriff’s office, under former Sheriff Laurie Smith, was the lead investigating agency in the LaMar case.
The sheriff’s statement adds, “This ruling does not diminish the gravity of this case of the dedication that went into the original investigation. We have full confidence in the Santa Clara County District Attorney’s Office as it evaluates next steps. Our agency stands prepared to support prosecutors in any further proceedings.
“Our thoughts remain with Sierra’s family, who have endured more than a decade of heartbreak and uncertainty. They remain at the center of this case and at the forefront of our commitment to justice.”
