The defense called for a mistrial after the state rested its case.
Because a co-defendant refused to testify, Andy Torres will face one less charge in his trial on charges from a fatal 2012 Phillipsburg shooting.
The four people charged in connection with a fatal shooting Jan. 5, 2012, in Phillipsburg are, from left, Andrew Torres, Zachary Flowers, David Beagell and Alexis Flowers. (Courtesy photos)The 26-year-old from Allentown still faces the most serious counts, including felony murder, as the defense on Tuesday prepared to call witnesses -- including Torres himself.
Torres' attorney, Michael Priarone, asked for a mistrial after Warren County First Assistant Prosecutor Michael McDonald rested the state's case Tuesday morning. Priarone claimed there was not enough evidence to convict, but Judge Robert Reed disagreed and denied the motion.
However, he did grant, without any objection by the state, an acquittal on a charge of witness tampering.
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Torres is accused of firing the fatal shotgun blast during a 2012 robbery of a BP gas station on Phillipsburg's South Main Street, mortally wounding 47-year-old attendant Kismathdas Kasam.
Also charged were Zachary and Alexis Flowers, siblings from Allentown, and David Beagell, of Blakeslee, Pa. All three had taken plea agreements to lesser charges under the condition they testify against the others.
Beagell was the only one of the three to testify in the trial that began last month. Zachary Flowers refused days before the trial began, and Alexis Flowers said she couldn't do it after taking the stand. In doing so, both forfeited their plea agreements and will face the original charges, the same Torres now faces.
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Alexis Flowers' testimony was to address letters between her and Torres. Without it, McDonald conceded the state had no evidence to support the witness tampering charge.
Torres still faces single counts each of murder, felony murder, armed robbery, conspiracy to commit robbery and two weapons charges.
If convicted, he could face 30 years to life in prison.
In ongoing proceedings without the jury present Tuesday morning, the defense indicated a handful of witnesses may be called -- including Torres.
Discussion centered on Torres' background and if a burglary conviction seven or eight months prior to the shooting could be brought up in the state's cross-examination. The judge said it was not necessary because the state has other avenues to attack Torres' credibility, but McDonald said he would appeal that decision to the state Appellate Court.
The jury was excused for the remainder of the day to give him time to do so and will return Wednesday.
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.