A man charged with fatally shooting a 4-year-old girl in a road rage incident in New Mexico is expected to take a plea deal Thursday, his public defender said.
Tony Torrez is accused of shooting Lliana "Lilly" Garcia, 4, during a road rage incident in October 2015. He was charged with first-degree murder, shooting at or from a moving vehicle, assault, and tampering with evidence.
Stephen Taylor, his public defender, told BuzzFeed News that Torrez is expected to plead to second-degree murder and face a 16-year sentence. Taylor believes prosecutors offered his client a deal because Garcia's father set off the incident that resulted in his daughter's death.
"The question needs to be asked, 'Why did the state make such a reasonable plea offer to Tony Torrez in such a high profile case?'" Taylor said. "He instigated the road rage."
Taylor said Torrez fired after Garcia's father tried to ram him off the road and caused him to lose control several times.
Torrez also faces federal charges after agents found marijuana, guns, a bullet-proof vest, and $64,000 in cash in his car and home. The federal complaint was filed 10 days after the 31-year-old man was arrested in connection to the deadly shooting, according to the Associated Press.
The shooting happened Oct. 20, 2015, on Interstate 40 just after Garcia's father had picked her up from school, according to police. As the family tried to exit the freeway, Torrez reportedly cut across traffic in his Toyota, forcing the Garcias' truck out of its lane.
Garcia's father and Torrez "exchanged words," at which point Torrez reportedly pulled out a gun and fired.
Police said Garcia was hit "at least once in the head."
Albuquerque police spokesman Tanner Tixier said Torrez's arrest happened after some "really good tips and a lot of amazing police work."
"This should have never happened," Eden said. "This is a complete disrespect for human life."
Police told KOAT they don't believe Torrez knew the girl or her parents, who were also in the vehicle. No one else was injured.
Drug Enforcement Administration agents searched Tony Torrez's home after finding marijuana and drug paraphernalia in his car.
He was arrested Oct. 21 after police received an anonymous call about the shooting, Albuquerque Police Chief Gorden Eden said. Investigators then zeroed in on a local home, followed Torrez, and arrested him during a traffic stop.
Torrez confessed to the killing, Eden said.
A memorial fund was set up for Garcia after the shooting, and quickly raised more than $45,000 — far exceeding its $10,000 goal.