Deceased/Not Found CA - Sierra LaMar, 15, Morgan Hill, 16 March 2012 #16 *A. Garcia-Torres guilty*

[Cottontop]

The DNA was collected at the time of that arrest. He wasn't convicted and the case was dropped ... for whatever reason.

SHERIFF SMITH: He had -- he has a prior conviction for
interfering with an officer. That's a misdemeanor. He has a
prior felony arrest for an assault. That's what got him into
the database. But that was not prosecuted.

But I think what is being asked is when the assault case, that he has now been confirmed to be linked to, happened how come he didn't come up in CODIS then? If his DNA information was already in the system they should have been able to connect him to that assault attempt then.

My response is that maybe the attempted assault and running of the forensic evidence recovered from it happened before he was arrested and entered in to CODIS and so a match didn't happen then.

I think with the DNA results available on him now, the revisited old unsolved attempted kidnapping/assault cases in Morgan Hill and found that he matched one of them.

I think the reporter Len Ramirez stated as much today as information he got from sources. So far he's been pretty accurate and very involved in reporting this case, especially today.

 

[rosesfromangels]

The first major breakthrough came on March 28 -- 12 days after Sierra's disappearance -- when the crime lab came back with news that DNA found on Sierra's clothing matched Garcia-Torres. His DNA coding was already in the law enforcement database.

In May 2009, police reports show that Garcia-Torres was arrested for obstructing justice when Morgan Hill police arrived at his former home looking for a probationer believed to be living there. Garcia-Torres repeatedly cursed at officers and told them to leave. Later, while being held in a town jail cell awaiting booking, he reportedly overflowed the cell's toilet and engraved graffiti into a bench. Police added a charge of vandalism and he was sentenced to 10 days in jail and one year probation.

In June 2010, he was arrested on suspicion of felony battery by sheriff's deputies after allegedly punching a tenant who owed his mother rent, according to the report. Charges were never filed in that case.

Evidence collected in the Sierra case also led authorities to believe Garcia-Torres was involved in at least one of three unsolved nighttime assaults in a pair of Safeway stores in Morgan Hill in 2009, Smith said. In one case, a man hid in the back of a parked car before accosting a female driver with the Taser.

The bigger breakthrough in the Sierra case came just days ago, when the crime lab came back with a positive match of Sierra's DNA in the red Jetta.

http://www.mercurynews.com/breaking...ierra-lamar-case-was-watched-constantly-weeks

I'm sure he has a very long history of misdeeds that just never made it to the police blotters. I won't be surprised if victims start coming forward to report assaults, or attempted assaults associated with this mistake of nature.

 

[JDB]

So irritated right now! I have been "on call" for jury duty this week, and yep my group is required to report at 830 tomorrow morning. I already set out my stuff to wear for the search tomorrow. I am hoping I can do both (get excused from the courthouse early and go to MH). Terrible timing.

Hey Report to Morgan Hill Courthouse? I know the court reporter I might be able to get you off ;-)

 

[cincerely]

I have been here just reading (since baby Lisa), never posting but have been really actively reading regarding Sierra (as I live approx. an hour away). Not sure if this was already mentioned, but could the perp have seen her and her friend walking? - the one that said she missed walking to McDonald's most every day with her. Just a thought. Not sure if it's near any Safeway store.

Also, there must have been some "lake" type water/soil on her clothing or purse to clue them into searching the water areas so early on.

 

[Stash777]

No, it's horrible. And I hate the "stress" argument. How one acts under pressure reveals their true character.

Seems to me this revolting woman is stating Sierra asked for it, so her man should not have to pay.

Not to mention, many of SL's twitter comments were song lyrics (IIRC - this was determined in one of the early threads)

 

[Ransom]

But I think what is being asked is when the assault case, that he has now been confirmed to be linked to, happened how come he didn't come up in CODIS then? If his DNA information was already in the system they should have been able to connect him to that assault attempt then.

My response is that maybe the attempted assault and running of the forensic evidence recovered from it happened before he was arrested and entered in to CODIS and so a match didn't happen then.

I think with the DNA results available on him now, the revisited old unsolved attempted kidnapping/assault cases in Morgan Hill and found that he matched one of them.

I think the reporter Len Ramirez stated as much today as information he got from sources. So far he's been pretty accurate and very involved in reporting this case, especially today.

The FIRST time they took DNA was his FIRST felony offense back in 2009. When the unknown DNA, from this case was checked in CODIS, it then came back as AGT. There was no other time his DNA was a "hit".

 

[KrazyKatLadi]

Since we can't see it to confirm, it's hard to know for sure. But, I can tell you that I can somewhat understand the defense of her husband and the father of her children, but to then start bashing the victim is so horrible that I can even fathom it. Hope it's not true.

There's a link up thread to it.

 

[Shelby2]

No, it's horrible. And I hate the "stress" argument. How one acts under pressure reveals their true character.

Seems to me this revolting woman is stating Sierra asked for it, so her man should not have to pay.

I agree completely. I cannot believe what I just read over there.

 

[AnonymousD]

Welcome to Websleuths, cincerely!

:greetings:

:welcome:

 

[Ransom]

I have been here just reading (since baby Lisa), never posting but have been really actively reading regarding Sierra (as I live approx. an hour away). Not sure if this was already mentioned, but could the perp have seen her and her friend walking? - the one that said she missed walking to McDonald's most every day with her. Just a thought. Not sure if it's near any Safeway store.

Also, there must have been some "lake" type water/soil on her clothing or purse to clue them into searching the water areas so early on.

That was when she went to Washington HS in Fremont. She moved from there in Oct. 2011. IF he spotted her then, he'd would have to know she moved to Morgan Hill and go from there.

 

[Fashionista_Gal]

I have been here just reading (since baby Lisa), never posting but have been really actively reading regarding Sierra (as I live approx. an hour away). Not sure if this was already mentioned, but could the perp have seen her and her friend walking? - the one that said she missed walking to McDonald's most every day with her. Just a thought. Not sure if it's near any Safeway store.

Also, there must have been some "lake" type water/soil on her clothing or purse to clue them into searching the water areas so early on.

:greetings::

I agree. I think he absolutely had to have seen her prior to the morning she was taken. I think he could have seen her anywhere though. Perhaps the McDonalds, maybe at her bus stop as he was driving by, the mall, Safeway store, anywhere! I also think he watched her for a while to learn her and her family's routine. His mother (or sister?) said in an interview that he drove by her street often I believe. And I still am so curious about her tweets regarding the car she kept seeing near her house. I wonder if she ever mentioned it to her mom. I know I would have if I saw some creep hanging out on my street.

 

[Bravo]

I'm getting a message that the content is unavailable.

Me too

 

[balaney]

hence the earlier problem with a minor...was his girlfriend who was pregnant (under aged) at the time

 

[lisalei321]

hence the earlier problem with a minor...was his girlfriend who was pregnant (under aged) at the time

That's what I'm wondering...

 

[Annie1004]

I have two thoughts floating in my head, both just speculations/my opinion.

1. He might actually be very good at this, back in 2009 he was "just starting out", and has possibly gotten better at what he does. He has seemed to have hidden Sierra very well, and from what I have read so far only skin cells on her clothing (nothing super obvious like sperm or blood). And all his friends and family members have spoken out in disbelief, no signs of this side of him, if they are being honest. I have a hard time believing that he has been violent towards women in the past (his then gf, now wife), and linked to at least one 2009 assault and has sat around for the past few years doing nothing. I wouldn't be surprised if he ends up being linked to, or confessing to one or more victims. The bag does puzzle me though, why not just destroy it?

2. My other thought is, maybe he did not plan to murder her. Maybe he was just planning a rape/release, but Sierra saw him (if he was initially masked or behind her?), or had an asthma attack or he got a little too rough. To me, this might explain the folding of the clothes, and hiding her things in a safe location. Maybe he was feeling guilt and remorse and was trying to "make amends" in a way by being respectful of her things? Although if he was remorseful at all he would probably fess up, not plead the fifth.

What was found on Sierra's clothing is more than likely semen, and not skin cells. LE has a damn good case against him, and I pray what that monster gets is commensurate with his horrific crime.

Unlike other WS posters, I have no sympathy or empathy with his family whatsoever. He is a product of that family. At the age of 21, I'm surprised he doesn't have MORE children to show how "manly" he is. His former landlord had nothing good to say about him, and he comes across as a cocky irresponsible punk. I can't even dignify him by using his name.

Sierra and her family have suffered more than most of us will ever experience or understand. Their pasts have been exposed, Marlene and Rick were overly-scrutinized, etc. My prayers are with them now and for the rough road ahead of them.

 

[Hisimage]

Just saw a full report on the news. Yes she was (they worded it weird) 3 years younger than he, a minor when she was pregnant. That is when a charge was filed against him, maybe by her parents; of statutory rape.

I wonder if her school was near the safeway? I know here, the kids will leave campus to get lunch at safeway. Even though it is a closed campus.
I still believe her mom is hoping she is being held against her will as a slave. ... I'm sorry I can't type out the whole thing, I have daughters her age.

And of course, and I don't mean that in a mean way, his family believes that he was set up or is the scap goat. I also don't think he knew he had police living next door to him, I think that is news. He knew he was being followed,said his family. But I don't think he knew they were living next door. which leads me to believe once again, that he has done this to more people than just Sierra. They must think that he is a serial rapist/kidnapper and God forbid, killer.

 

[bgmiller5]

I really believe this was AGT too. The car description, race, mo. Seems like too much of a coincidence.

Look at the way he tried to abduct this young girl; drove up next to her and blocked her on the sidewalk, jumped out of his car, grabbed her in a bear hug from behind and tazed her. He had this routine down pat, it wasn't his first time.

The girl lost her sight and passed so some of the finer details of the car and the man may have been lost, if not for that I believe she could probably ID him in a line-up. Not mention ID the car!!

This happened on March 26, 2012. Ten days after Sierra went missing and two days before LE put him under surveillance. Thank the Lord for that, for I feel sure that others would have been missing too. This guy was spinning off!!

http://www.mercurynews.com/crime-co...describes-attempted-abduction-daughter-willow

Totally agree with you. I don't see how it couldn't be the same guy. Description of the Hispanic male in a hooded sweatshirt and the red car with tinted windows. I think it had to be him....

 

[cluciano63]

Just saw a full report on the news. Yes she was (they worded it weird) 3 years younger than he, a minor when she was pregnant. That is when a charge was filed against him, maybe by her parents; of statutory rape.

It is hard to know which would be worse, almost. If she is being held, and tortured and abused (which I do not believe to be the case) and she might never be found and rescued...or if she is dead, but was killed quickly and at least put out of pain and suffering (which is the best case right now, IMO). I guess she has to hope that somehow, she is alive, but she must know it can't really be true. LE is very cautious about declaring someone to be dead, especially in such an exceptionally short time, if they are not sure. Even less likely to charge with murder, after only two months. Most cases without the victim being found drag on a long time before LE feels they can show the person must be dead. JMOJMO

I wonder if her school was near the safeway? I know here, the kids will leave campus to get lunch at safeway. Even though it is a closed campus.
I still believe her mom is hoping she is being held against her will as a slave. ... I'm sorry I can't type out the whole thing, I have daughters her age.

It is hard to know which would be worse, almost. If she is being held, and tortured and abused (which I do not believe to be the case) and she might never be found and rescued...or if she is dead, but was killed quickly and at least put out of pain and suffering (which is the best case right now, IMO). I guess she has to hope that somehow, she is alive, but she must know it can't really be true. LE is very cautious about declaring someone to be dead, especially in such an exceptionally short time, if they are not sure. Even less likely to charge with murder, after only two months. Most cases without the victim being found drag on a long time before LE feels they can show the person must be dead. JMOJMO

 

[bgmiller5]

What was found on Sierra's clothing is more than likely semen, and not skin cells. LE has a damn good case against him, and I pray what that monster gets is commensurate with his horrific crime.

Unlike other WS posters, I have no sympathy or empathy with his family whatsoever. He is a product of that family. At the age of 21, I'm surprised he doesn't have MORE children to show how "manly" he is. His former landlord had nothing good to say about him, and he comes across as a cocky irresponsible punk. I can't even dignify him by using his name.

Sierra and her family have suffered more than most of us will ever experience or understand. Their pasts have been exposed, Marlene and Rick were overly-scrutinized, etc. My prayers are with them now and for the rough road ahead of them.

According to a media report - which may have been wrong - they were going on skin cells. May not have been the only thing, but I know they mentioned it.

I agree with you about his family...the fruit doesn't fall far from the tree. I feel bad for his children, though - just to be in that situation. His daughter is beautiful. How can he do this to anyone when he has a baby like that? Makes no sense.

 

[Ghostwheel]

What was found on Sierra's clothing is more than likely semen, and not skin cells. LE has a damn good case against him, and I pray what that monster gets is commensurate with his horrific crime.

Unlike other WS posters, I have no sympathy or empathy with his family whatsoever. He is a product of that family. At the age of 21, I'm surprised he doesn't have MORE children to show how "manly" he is. His former landlord had nothing good to say about him, and he comes across as a cocky irresponsible punk. I can't even dignify him by using his name.

Sierra and her family have suffered more than most of us will ever experience or understand. My prayers are with them. They have a tough road in front of them.

It could be snot or spit or even blood. He could have licked his fingers then touched something in the bag, he might have had a cold and wiped his nose with the back of his hand and passed that on to something as well, he might have spit in the bag, she might have scratched him and some of his blood got on things in the bag, especially if she had anything under her fingernails and folded the clothing. He might have dropped a piece of gum. Lots of things could be used to get DNA, and they are pretty easily transferred.