The Office of the Attorney General has decided to retry the Mark Torre Jr. case.
A jury convicted Mark Torre Jr. in 2017 for negligent homicide as a third-degree felony, aggravated assault as a third-degree felony, and special allegation charges for the use of a deadly weapon to both of the felony charges.
Last July 9, the Supreme Court vacated the convictions and remanded the case to the Superior Court. The basis for vacating the convictions was that a portion of body camera footage at the crime scene should not have been presented to the jury.
The Supreme Court on Wednesday, July 31, issued a Writ of Mandate formally sending the matter back to the Superior Court.
After reviewing the facts of the case and the Supreme Court opinion, Chief Prosecutor J. Basil O’Mallan III said his office has decided to retry the case.
O’Mallan said he has met with the victim’s family and they fully support retrying the defendant.
The trial will be limited to charges of negligent homicide and aggravated assault, with special allegations of the use and possession of a deadly weapon.
With Torre headed back to trial, his attorney Jay Arriola said: “Mark Torre Jr. will again plead not guilty to these charges, and continues to maintain his innocence. We will vigorously defend against these accusations, as Mark Torre did not shoot Mr. Piolo or hurt him in any way. We hope and trust that we will be able to select a fair and impartial jury to re-try this case.”