Torner had nothing to do with murder, co-defendant testifies
May 16—WILKES-BARRE — While the body of Jose "Pepe" Herran was being dismembered inside a chicken coop, Roberto Torner showed up and became angry and sad, testified David Alzugaray, a co-defendant in the homicide case.
Alzugaray, 54, testified on Torner's sixth day of trial before Luzerne County Judge David W. Lupas telling a jury Torner, 50, had absolutely nothing to do with Herran's murder.
Alzugaray claimed he killed Herran in self-defense and decided to "chop up" the body fearing "assassins."
Closing arguments are scheduled Wednesday by Torner's attorneys, Robert A. Saurman and Brian J. Collins, and Deputy District Attorney Daniel E. Zola and Assistant District Attorney Drew McLaughlin before the jury begins deliberating Torner on charges of criminal homicide, criminal conspiracy to commit homicide and criminal solicitation to commit homicide.
Alzugaray described the relationship between Torner and Herran as "brothers," as he also called himself Torner's brother.
"We're more than friends; that is my brother," Alzugaray said motioning toward Torner.
Alzugaray said he did not have a relationship with Herran calling him neither a friend or enemy, but knew him to be an assassin who hung out with other assassins.
Alzugaray said the fatal shooting of Herran was in self-defense while the two were unloading a truck of debris to burn at a Torner owned property on North Buck Mountain Road in Foster Township in October 2015.
Alzugaray said Herran threatened him with a .22-caliber revolver that dropped to the ground during a fist fight. Alzugaray said he picked up the gun and started running being chased by Herran swinging a machete.
As he was running, Alzugaray said he shot under his arm that struck Herran in the head.
Alzugaray said he feared "assassins" coming after him so he decided to drag Herran's body to a chicken coop where he began the dismemberment when Torner showed up.
Torner left after yelling at Alzugaray, who claimed he placed the remains in buckets and took them to the basement of Torner's boarding house known as The Cottage in Freeland.
"Did Mr. Torner give you an instruction with the body?" Saurman asked.
"He did not tell me anything," Alzugaray replied, claiming he disposed of the human remains in the Lehigh River near the Tannery Road Bridge outside of White Haven.
Alzugaray kept to his story that Torner was not at the scene when Herran was killed while being aggressively questioned by McLaughlin.
During Monday's proceeding, Torner's fiancee Liza Robles said Torner continues to earn $12,000 to $18,000 from rental properties he owns in the Freeland area. Robles said per Torner's instruction, she deposits $300 per month in Alzugaray's prisoner account.
McLaughlin suggested the money is for Alzugaray to take the fall for Torner.
Earlier Tuesday, retired state police Corporal and county detective Shawn Williams said he interviewed Torner and Alzugaray after a confidential informant came forward with information in early 2018.
Alzugaray and Torner gave inconsistent stories while several witnesses claim the two men were directly involved in Herran's murder and played a role in cleaning and hiding firearms, meat cleavers and knives, Williams said.
Alzugaray's trial on charges of criminal homicide and abuse or corpse is scheduled for July.
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