Capital murder trial begins

BROWNSVILLE — Opening statements will begin today in the capital murder trial of a 26-year-old Harlingen man accused of killing his 13-year-old girlfriend back in 2007.

Although the body of Abigail Estrada has yet to be found, authorities believe they have enough evidence to prove that Ruben Torres killed his girlfriend 10 years ago.

Torres was 16 at the time of the alleged killing. The Cameron County District Attorney’s Office will not seek the death penalty in the case.

Authorities said Estrada was last seen June 16, 2007 when she left her Harlingen residence with Torres.

Jessenia Sanchez, Abigail’s mother, in a previous interview said her daughter had left with Torres to drop off a friend and that was the last time she saw her daughter.

Harlingen police have said Estrada was a witness in a juvenile justice system felony case against Torres.

Prior to the start of jury selection on Monday, Torres, now 26, rejected two plea deals offered by the DA’s office.

His attorney, Lilia Gonzales, detailed those offers in court: one was for 30 years pleading guilty/no contest to murder if Torres would advise the DA’s office what happened in the case and to go to the field where the alleged body would be, but Torres rejected that offer.

The DA’s office also offered an 18-year sentence for Torres telling what he knew in this case. Torres and his attorney countered with a sentence of 10 to 15 years in exchange for that information, but the DA rejected that.

Judge Janet Leal, of the 103rd state District Court, advised Torres of the range of punishment he could receive, saying “Because of the fact that you were allegedly 16 years of age at the time this event would have occurred, should you be found guilty of capital murder, you would be looking at automatic life but with parole.

“And my understanding of the law is, in order for you to be eligible for parole for a life sentence, you would have to serve at least 40 years prior to you being eligible for parole.”

Wearing a white button-down shirt, dark trousers, his hair, beard and mustache neatly trimmed, Torres sat quietly as Leal and Assistant DA Brett Pattillo conferred about the official wording of the grand jury indictment, amending it to one count of capital murder for shooting Abigail Estrada with a firearm in retaliation against Estrada for her service as a witness to the defendant’s criminal act, and one count of first degree murder for intentionally and knowingly causing the death of Estrada.

The DA’s office removed the kidnapping language from the original charges. Also omitted were certain statements made by Torres on Aug. 16, 2007.

Three members of Estrada’s family and Torres’ parents were present for the jury selection, separated by only one chair. The Estrada family declined to comment, but Torres’ father, when asked his feelings about the proceedings against his son, said “He didn’t do it, my son didn’t do it.”

The elder Torres said it has been very hard on his family, and that out of his six children, Ruben is the only son he has left. His other son was killed at age 28.

The case is being tried in the 103rd state District Court.