Man allegedly involved in deadly home invasion case offered plea deal, may serve only probation

Raymond Garces, the man accused of breaking into the home of a Las Cruces MMA fighter, may not face any jail time, as part of a plea deal offered to him. It includes just one year of unsupervised probation.

Garces was facing nine years in prison for charges like attempted First-Degree Murder and Aggravated Burglary.

The home owner fought off the group of men, including Garces, killing Garces’ older brother, Sal. The possible punishment for one of the accused intruders isn’t sitting well with everyone.

State prosecutors offered Garces a last-minute deal just days ago. Joe Torrez, the man who defended his home, was not in court today.

“The people of Dona Ana County are going to be wondering, what’s going to happen if someone breaks into their house? Is someone going to walk off on a trespassing plea,” Joe Torrez’s attorney, C.J McElhinney said.

It was New Year’s Day 2014, when investigators say Garces and three other men broke into MMA fighter Joe Torrez’s home.

The men got into a violent fight and Garces’ older brother was stabbed to death. Torrez said he was acting in self defense, and was never charged.

In court, the lead prosecutor on the case, Daniel Sewell, said there was enough evidence to prove Garces did nothing violent and was only trying to stop to stop the fight that night. Torrez’s attorney disagrees.

“Did he go to that house, did he conspire with others? Absolutely. Did he aid and abet, absolutely. So there’s more than enough evidence,” McElhinney said.

District Attorney Mark D’Antonio didn’t want to discuss the evidence. He said to watch the trials of the other two suspects, Nathan Avalos and Leonard Calvillo.

“You’re looking into a room that’s only one quarter lit, and when the other two other pieces are snapped together, then you’ll have a full picture,” D’Antonio said.

Both defense and prosecution suggested Garces serve 364 days of unsupervised probation. District Judge Fernando Macias said he wan’t comfortable with the deal, and delayed sentencing.

“There’s no doubt in my mind, and I believe that the people who care to be involved, will have a full understanding after the full case is over and be very confident that the D.A’s office did the right thing,” D’Antonio said.

“I think people in Dona Ana County also need to be aware of what the District Attorney’s office is doing, or not doing,” McElhinney said.

If the defense and prosecution disagree with the sentence proposed by Judge Macias, they can withdraw the plea deal. Trials for the other two men allegedly involved will begin in the coming weeks.