Defendant proceeds with sentencing for deadly Turlock shooting

Cornelio Torres Jr. last week wanted to withdraw from his plea deal, but Wednesday the defendant agreed to proceed with sentencing and was ordered to spend 24 years in prison for the shooting death of David Hernandez.

On Feb. 9, Torres, 35, pleaded no contest to voluntary manslaughter with an enhancement of using a gun to kill Hernandez. As part of a plea deal, prosecutors dropped the murder charge against him.

Stanislaus Superior Court Judge Dawna Reeves on March 22 postponed Torres’ sentencing after the defendant told the judge that he wanted to withdraw his plea because he had inadequate legal representation.

Wednesday morning, Torres told the judge that he had discussed his options with his attorneys and reviewed materials suggested by the court. He no longer had any reluctance to move forward with the deal that would allow him to avoid trial charged with murder.

Hernandez, 35, was gunned down outside his grandmother’s house in Turlock. The shooting occurred shortly before 10 p.m. Dec. 29, 2012, in the 800 block of South Avenue, a few blocks east of Highway 99.

The victim worked for 15 years at Volk Enterprises, which manufactures poultry trussing devices and thermometers. Hernandez left behind his wife, Silvia Cabrera, and their three children.

Deputy public defenders Clifford Tong and Benjamin Rosenstein, Torres’ attorneys, appeared with their client in court Wednesday. Tong informed the judge that his client wanted to make a statement in court.

The defendant turned and looked at his family sitting in the courtroom audience behind him. Torres said in Spanish “Mom, I love you. Take care of yourself. I will try to get out as soon as possible.”

Torres did not express any remorse in court about Hernandez’s death. He also did not speak to the victim’s family, who sat in the audience Wednesday.

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Ernesto Negrete was arrested not long after the shooting and charged with murder in Hernandez’s death. Negrete was held at the county jail for more than two years until new information led to his release and Torres’ arrest.

Turlock police determined in spring 2015 that they had the wrong person. Torres was questioned again as part of the murder investigation and subsequently arrested.

This story was originally published March 30, 2016 at 3:39 PM with the headline "Defendant proceeds with sentencing for deadly Turlock shooting."