Torres Convicted of DWI
A jury convicted Gilbert Torres of Driving While Intoxicated on October 25, 2018 before he was sentenced to probation in an agreement with prosecutors. Torres was arrested after a state trooper stopped the 46-year-old Richmond man who sped by him in April 2016.
According to lead prosecutor Tristyl McInnis, Department of Public Safety Trooper Justin Murphy observed Torres driving 77 miles per hour in a 65 mph zone on Highway 59 around 1:17 am on April 9, 2016. Trooper Murphy stopped the defendant for speeding, but immediately noticed that the defendant smelled like alcohol. Torres admitted he had already consumed 3 alcoholic drinks and refused to provide a breath sample. Trooper Murphy evaluated whether Torres was safe to drive using the standard field sobriety tests, but the defendant performed poorly and was arrested for driving while intoxicated.
In her closing argument, McInnis told the jury, “The State wants you to look at every piece of evidence. You don’t look at separate pieces of evidence in a vacuum; you need to look at the whole picture.” She also quoted the defendant, who said on video, “I’m not that messed up.” Despite the lack of a blood alcohol level, the jury found the defendant guilty after only one hour of deliberation.
Torres was tried in County Court at Law No. 2 before Presiding Judge Jeffrey McMeans. Driving While Intoxicated in this case is a Class B Misdemeanor punishable by up to 180 days in jail and/or a fine up to $2,000. Torres was sentenced to 12 months’ probation, including a $200 fine, 48 hours of community service, a DWI education class, and attendance at a victim impact panel where offenders hear from DWI victims who survived to tell their story.
Assistant District Attorneys Tristyl McInnis and Drew Kwartler prosecuted the case.