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Press Release

Española man indicted for child’s death

For Immediate Release
U.S. Attorney's Office, District of New Mexico

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that a federal grand jury on Oct. 12 returned a four-count superseding indictment against Malcolm Torres charging him with first degree felony murder, second degree murder of a child, assault resulting in serious bodily injury of a child under the age of 18, and tampering with a victim, witness, or informant. Torres, 29, of Española, New Mexico, is scheduled for arraignment on Oct. 20, and will remain in custody pending trial.

According to the indictment and other court records, on Sept. 7, 2019, Torres, who is not an enrolled member of any federally recognized Tribe, allegedly abused the victim, identified as Jane Doe, at his home in Española on the Santa Clara Pueblo. Jane Doe, who is Indian by federal law, and was five years old at the time, died as the result of the abuse.

On Sept. 8, 2019, Torres allegedly disposed of Jane Doe’s body in an attempt to avoid detection of his crimes.

An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Torres faces up to life in prison.

The Santa Fe Resident Agency of the FBI investigated this case with assistance from the Espanola Police Department, Santa Clara Pueblo Tribal Police Department, Rio Arriba County Sheriff’s Office, New Mexico State Police, Bureau of Indian Affairs, Albuquerque Police Department Open Space Search and Rescue Team, Espanola Fire Department and Ohkay Owingeh Pueblo Tribal Police Department. Assistant United States Attorneys Jack Burkhead and Letitia Carroll Simms are prosecuting the case.

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Updated October 13, 2022

Violent Crime
Indian Country Law and Justice
Press Release Number: 22-225