A man convicted of murder in 2015 now faces additional federal hate crime charges, reports the Dallas News.
The federal grand jury indictment means the sentence of Anthony Paz Torres, 37, could be increased from 35 years in prison to a life sentence.
The Justice Department announced Wednesday the accusation alleges Torres committed the murder at a tire shop in Dallas because of the perceived religion of another person.
The Grand Jury believes Torres shot and killed one person on Christmas Eve in 2015 and attempted to kill four others.
According to the Dallas News, the attack occurred at a Muslin-owned tire shop motivated by what prosecutors believe is Torres’ desire to avenge attacks by Muslim extremists.
Witnesses reportedly told investigators that a week before the shooting, he had gone on an anti-Muslim rant.
WFAA reports that police say Torres went to the business saying he need to fill his tire with air.
“The suspect turned around and walked toward his vehicle,” the arrest warrant reads. “Once arriving at his vehicle, the suspect then pulled out a firearm from his waistline and started shooting in the direction of all the witnesses that were standing in front of the business.”
Torres allegedly planned to kill a Muslim, but instead killed 25-year-old Enrique Garcia Mendoza, a bystander, and attempted to kill three others.
The Council of American-Islamic Relations applauded the decision.
“We applaud law enforcement and the Assistant Attorney General for taking an important step towards justice in this case. Hate crime charges are significant in cases like this as the victims are not only those who were directly targeted but all members of the targeted community. We continue to pray for the victims’ families and hope they find solace in this ruling.”
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How does the prosecutor propose to get around the defense of Torres being prosecuted in violation of the ex post facto clause of the Constitution and the failure to bring the enhancement at his original trial (in 2015)? Assuming that the enhancement was permitted (i.e., on the books) at the time of the original charges. There’s also the matter of the delay in filing an enhancement and charges 7 years after the commission of the murder and attempted murder despite the separate sovereign ability to file charges. (i.e., State and federal authorities can prosecute the same offense and facts based upon federal or state law violations.)