Appeals court roundup: Hammond man's home invasion conviction upheld
The Indiana Court of Appeals issued three opinions Monday, including one case where they upheld a Hammond man's home invasion conviction.
Valentine Torrez initially told police he was a victim, too, on Nov. 13, 2021, when a masked man entered his relative's unlocked door in Hammond, blindfolded, then sexually assaulted her and the woman's 12-year-old daughter.
Later, he was charged when his DNA came back, including on the relative's lower back and the child's neck and underwear. Torrez, 50, got 33 years in May 2024 after he was convicted of rape, a Level 3 felony; child molesting, and criminal confinement — about half his charges.
Prosecutors Arturo Balcazar and Lindsey Lanham alleged Torrez helped plan the home invasion with co-defendant Garrett Whittenburg to assault the female relative and take her credit cards.
In a 3-0 decision, Appeals Judge Mary DeBoer rejected Torrez's argument that there wasn't enough evidence for his conviction. Prosecutors needed to show 'concerted action' with the child's assault.
'His course of conduct during and after the offense also supports that Torrez was an accomplice,' she wrote, later adding, 'Torrez left the home rather than assisting or seeking help for them.'
'Clearly, the jury found (the witness's) testimony credible and could reasonably infer Torrez's guilt beyond a reasonable doubt from the evidence presented at trial,' DeBoer wrote.
At trial, defense lawyer Kerry Connor argued some parts of the woman's story were inconsistent over time. Torrez can appeal to the Indiana Supreme Court.
His earlier release date is in January 2047. Whittenburg's trial is scheduled May 12.
Misdemeanor overturned after Gary man shot police dog
The Appeals Court overturned a misdemeanor conviction for Spencer Patterson — after he shot a police dog when an officer was trying to arrest him — saying it violated double jeopardy.
Patterson, 31, got eight years and has to repay $11,000 to Gary Police. Jurors acquitted him of attempted murder in the case of the officer, but they convicted him of battery by means of a deadly weapon, one count each of felony and misdemeanor resisting law enforcement, and one count of striking a law enforcement animal.
Gary Police Sgt. Angel Lozano and his K-9 Falco were chasing Patterson in July 2023 on the 1000 block of E. 35th Place when Patterson shot the dog.
In a 3-0 decision, DeBoer ordered Judge Salvador Vasquez to vacate — or cancel the lesser misdemeanor conviction, saying what happened was too close in time to be convicted twice. His earlier release date is in October 2030.
Sentence upheld in rape case
The court rejected a former Gary man's argument that his prison sentence was too harsh for a woman's assault.
Tyron Smith, 32, got 16 years in December after he pleaded guilty to aggravated battery. He was originally charged with rape.
In a 3-0 decision, Appeals Judge Elizabeth Tavitas said his sentence was appropriate.
The woman told police she let him stay at her place in February 2024, then woke up overnight as Smith was having sex with her. She was 'very upset' and told him to stop. Smith then forced the woman to perform a sex act, then forcefully raped her, according to court records. He forced her to 'consume cocaine' between assaults, the affidavit alleges. The woman said he was abusive to her when drunk or high in the past, court records show.
'Given the brutal nature of Smith's offense and his poor character, we cannot say that his sixteen-year sentence is inappropriate,' Tavitas wrote.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Miami Herald
2 days ago
- Miami Herald
Patterson questioned about intentions, feelings for poisoned victims
June 6 (UPI) -- The prosecution in the Erin Patterson mushroom murder meal trial went another round with Patterson Friday to prove she purposely invited her estranged husband Simon's family over to her house for a meal in order to kill them. Patterson has maintained that she asked Simon's parents Don and Gail Patterson, and his aunt and uncle Heather and Ian Wilkinson, over for that meal, a lunch of beef Wellington, to her home in Australia in August of 2023 to tell them about a cancer diagnosis. She has since admitted she misled them about having cancer but instead had really invited them to her home to discuss her plans to have weight-loss surgery. Don and Gail died later that week, as did Heather, from the ingestion of poisonous death cap mushrooms, which prosecutors allege Erin purposely put in their lunch. Ian was sickened and hospitalized but survived. Prosecutor Nanette Rogers alleged in her opening statement Friday that Patterson did not consume death cap mushrooms at the lunch, but pretended to have been sickened as a cover-up and that was "why we say she was reluctant to receive medical treatment for death cap mushroom poisoning." Rogers put forth to Patterson that she not only had allegedly invited the victims over to kill them with a death cap-laced meal, but had furthermore prepared an extra poisoned meal in case Simon, who had declined his invitation to dine that day, changed his mind and came to eat. Patterson testified Tuesday that she had only eaten a small portion of the beef Wellington lunch because she was deep in conversation and later had vomited up the food because she also ate cake and has a history of binging and purging. Patterson also testified that she went to the hospital after the meal but discharged herself against medical advice, which prosecutors used to suggest that she was not sickened by the food. The prosecution then alleged Patterson purposely didn't feed the poisoned meal to her kids, which was why she didn't have them medically assessed. Rogers also mentioned messages Patterson allegedly sent to her Facebook friends, and to Don, Gail and Simon. "You had two faces, a public face of appearing to have a good relationship with Don and Gail," she said to Patterson. "I suggest your private face was the one you showed in your Facebook message group." Rogers went back through messages Patterson ostensibly wrote about Don and Gail, which were laced with expletives and allegedly mentioned she wanted "nothing to do" with them. She also suggested that Patterson had not shown any concern for Simon's parents, never asking how they felt after learning they were initially sickened. "Incorrect," Patterson said. Rogers then asked, "And you never asked how Heather was going, and I assume you disagree?" "Correct," Patterson replied. Patterson has pleaded not guilty to three counts of murder and one of attempted murder in the case. She will take the stand again Tuesday. Copyright 2025 UPI News Corporation. All Rights Reserved.
Yahoo
2 days ago
- Yahoo
Patterson questioned about intentions, feelings for poisoned victims
June 6 (UPI) -- The prosecution in the Erin Patterson mushroom murder meal trial went another round with Patterson Friday to prove she purposely invited her estranged husband Simon's family over to her house for a meal in order to kill them. Patterson has maintained that she asked Simon's parents Don and Gail Patterson, and his aunt and uncle Heather and Ian Wilkinson, over for that meal, a lunch of beef Wellington, to her home in Australia in August of 2023 to tell them about a cancer diagnosis. She has since admitted she misled them about having cancer but instead had really invited them to her home to discuss her plans to have weight-loss surgery. Don and Gail died later that week, as did Heather, from the ingestion of poisonous death cap mushrooms, which prosecutors allege Erin purposely put in their lunch. Ian was sickened and hospitalized but survived. Prosecutor Nanette Rogers alleged in her opening statement Friday that Patterson did not consume death cap mushrooms at the lunch, but pretended to have been sickened as a cover-up and that was "why we say she was reluctant to receive medical treatment for death cap mushroom poisoning." Rogers put forth to Patterson that she not only had allegedly invited the victims over to kill them with a death cap-laced meal, but had furthermore prepared an extra poisoned meal in case Simon, who had declined his invitation to dine that day, changed his mind and came to eat. Patterson testified Tuesday that she had only eaten a small portion of the beef Wellington lunch because she was deep in conversation and later had vomited up the food because she also ate cake and has a history of binging and purging. Patterson also testified that she went to the hospital after the meal but discharged herself against medical advice, which prosecutors used to suggest that she was not sickened by the food. The prosecution then alleged Patterson purposely didn't feed the poisoned meal to her kids, which was why she didn't have them medically assessed. Rogers also mentioned messages Patterson allegedly sent to her Facebook friends, and to Don, Gail and Simon. "You had two faces, a public face of appearing to have a good relationship with Don and Gail," she said to Patterson. "I suggest your private face was the one you showed in your Facebook message group." Rogers went back through messages Patterson ostensibly wrote about Don and Gail, which were laced with expletives and allegedly mentioned she wanted "nothing to do" with them. She also suggested that Patterson had not shown any concern for Simon's parents, never asking how they felt after learning they were initially sickened. "Incorrect," Patterson said. Rogers then asked, "And you never asked how Heather was going, and I assume you disagree?" "Correct," Patterson replied. Patterson has pleaded not guilty to three counts of murder and one of attempted murder in the case. She will take the stand again Tuesday.
UPI
2 days ago
- UPI
Patterson questioned about intentions, feelings for poisoned victims
Erin Patterson continued to face cross-examination on her trial for serving deadly mushrooms at a lunch in Australia. File Photo by James Ross/EPA-EFE June 6 (UPI) -- The prosecution in the Erin Patterson mushroom murder meal trial went another round with Patterson Friday to prove she purposely invited her estranged husband Simon's family over to her house for a meal in order to kill them. Patterson has maintained that she asked Simon's parents Don and Gail Patterson, and his aunt and uncle Heather and Ian Wilkinson, over for that meal, a lunch of beef Wellington, to her home in Australia in August of 2023 to tell them about a cancer diagnosis. She has since admitted she misled them about having cancer but instead had really invited them to her home to discuss her plans to have weight-loss surgery. Don and Gail died later that week, as did Heather, from the ingestion of poisonous death cap mushrooms, which prosecutors allege Erin purposely put in their lunch. Ian was sickened and hospitalized but survived. Prosecutor Nanette Rogers alleged in her opening statement Friday that Patterson did not consume death cap mushrooms at the lunch, but pretended to have been sickened as a cover-up and that was "why we say she was reluctant to receive medical treatment for death cap mushroom poisoning." Rogers put forth to Patterson that she not only had allegedly invited the victims over to kill them with a death cap-laced meal, but had furthermore prepared an extra poisoned meal in case Simon, who had declined his invitation to dine that day, changed his mind and came to eat. Patterson testified Tuesday that she had only eaten a small portion of the beef Wellington lunch because she was deep in conversation and later had vomited up the food because she also ate cake and has a history of binging and purging. Patterson also testified that she went to the hospital after the meal but discharged herself against medical advice, which prosecutors used to suggest that she was not sickened by the food. The prosecution then alleged Patterson purposely didn't feed the poisoned meal to her kids, which was why she didn't have them medically assessed. Rogers also mentioned messages Patterson allegedly sent to her Facebook friends, and to Don, Gail and Simon. "You had two faces, a public face of appearing to have a good relationship with Don and Gail," she said to Patterson. "I suggest your private face was the one you showed in your Facebook message group." Rogers went back through messages Patterson ostensibly wrote about Don and Gail, which were laced with expletives and allegedly mentioned she wanted "nothing to do" with them. She also suggested that Patterson had not shown any concern for Simon's parents, never asking how they felt after learning they were initially sickened. "Incorrect," Patterson said. Rogers then asked, "And you never asked how Heather was going, and I assume you disagree?" "Correct," Patterson replied. Patterson has pleaded not guilty to three counts of murder and one of attempted murder in the case. She will take the stand again Tuesday.
