Andy Torres and co-defendants
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. Torres was convicted last week of most counts, but acquitted of first-degree murder. (Courtesy photos)
The jury was convinced Andy Torres participated in a deadly 2012 Phillipsburg robbery.
But was he the gunman? Some physical evidence could have erased the doubt, one juror said.
The 26-year-old Torres, of Allentown, last week was acquitted of first-degree murder, but found guilty of armed robbery and felony murder for the Jan. 5, 2012, slaying of an attendant at the South Main Street BP gas station. He faces 30 years to life in prison.
MORE: Reaction to Andy Torres' conviction
Andrew Torres, of Allentown, faces 30 years to life in prison when he is sentenced in January. (Matt Smith | For lehighvalleylive.com)
Authorities say a group of four -- Torres, Allentown siblings Alexis and Zachary Flowers and David Beagell, of Blakeslee, Pennsylvania -- drove to the station early that morning. Torres and Zachary Flowers are said to have robbed 47-year-old Kismathdas Kasam while the other two panicked and drove off.
During the robbery, the state claimed, Torres blasted Kasam in the leg with a shotgun and ran off. Torres and Flowers were allegedly picked up by the others and returned home to split the $400 to $500 they collected. The attendant died two days later.
"All four of them left a man to die," said the juror, who requested to remain anonymous.
The juror said that physical evidence -- perhaps a fingerprint or a surveillance video -- could have eliminated any doubt that Torres committed murder.
For the felony murder charge, the state did not have to prove that Torres pulled the trigger, but that he participated in a crime in which someone died.
RECAP: Trial hinges on conflicting testimony
The Flowers both refused to testify, which limited the state's ability to prove the murder charge, Warren County First Assistant Prosecutor Michael McDonald said after the verdict. Zachary Flowers was the only other one who would have seen the fatal shot, McDonald said, and the state's case became circumstantial without his account.
"The only thing we had was reliance on (Beagell's) plea-bargain testimony and the defendant's own statement videotaped shortly after his arrest," the juror said.
Beagell -- who said Torres was the gunman -- previously accepted a plea agreement that limited his sentence to 12 years in exchange for testimony against the others. After the trial ended, Beagell's attorney said he will ask that the sentence be further reduced due to his client's cooperation.
MORE: 'Torres was always the shooter,' Beagell's attorney says
During the trial, Torres testified that his statement to police was fabricated. Defense attorney Michael Priarone also attacked Beagell's credibility.
At least some of that stuck with the jury.
"Beagell had little to do with the outcome," the juror said. "He shouldn't get preferential treatment and deserves (to be charged with) felony murder."
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.