Las Cruces MMA Fighter will not be charged in deadly home invasion case

No charges filed against Las Cruces MMA Fighter

DONA ANA, N.M. - A Las Cruces MMA Fighter who fought off four men who allegedly broke into his home New Year's Day, will not face any charges.

The District Attorney's office announced Thursday, Joseph Torrez, will not be charged in this case, that left one man dead.

According to investigators, four men allegedly broke into Torrez's home. One of the men, 25-year old Sal Garces, was found dead outside of Torrez's home. It is still unclear how Garces' ended up outside of Torrez's home.

According to deputies, a fight broke out inside the home that night. When deputies arrived, they found Garces on the street, outside of Torrez's home. It's still unclear how Garces' ended up outside the home. Autopsy results show he died of multiple stab wounds.

According to the District Attorney's office, the evidence gathered-including fingerprint, DNA and blood type analysis and Garces' autopsy report-were not enough to charge Torrez.

Torrez's attorney, C.J. McElhinney, says the DNA report from the state's crime lab, showed the DNA found on two knives, did not match Torrez's DNA.

Sal Garces' mother says her son's death was unnecessary.

"That was torture, and you turn around and you call that justifiable, no Joe Torrez, it's not justifiable," Garces said.

Torrez, however, says he was in fear for his life that night.

"Once they entered my home, all I thought about was my kids and family and I wasn't going to let anybody hurt them," Torrez said.

District attorney, Mark D'Antonio could not be reached for comment on the decision.

Torrez is a free man, but the case is not closed, five other people face charges for allegedly breaking into Torrez's home that night.

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