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DEATH ROW POSSIBLE FOR FIRE CAPTAIN TORTURE NEW ALLEGATION IN MURDER CASE.


Byline: EUGENE TONG and TROY ANDERSON Staff Writers

A veteran Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  fire captain charged with murdering a female acquaintance could face the death penalty after a grand jury accused him of torture, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 an indictment unsealed Wednesday.

An indictment against David Jaime Del Toro Toro may refer to:
  • Denominación de Origen Toro, the Spanish wine region
  • Toró, the nickname of Rafael Ferreira Francisco, Brazilian football (soccer) player
, 50, adds a charge of torture with a special circumstance of murder -- involving the infliction in·flic·tion  
n.
1. The act or process of imposing or meting out something unpleasant.

2. Something, such as punishment, that is inflicted.

Noun 1.
 of torture -- that could put him on Death Row if he is convicted.

Out on bail since his arrest in mid-August, Del Toro was ordered jailed Wednesday until his arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted , scheduled for Monday.

He was initially arrested Aug. 16 in the brutal slaying of Jennifer Flores Flores, town, Guatemala
Flores (flōrəs), town (1990 est. pop. 2,200), capital of Petén department, N Guatemala. Flores was built on an island in the southern part of Lake Petén Itzá and on the site of the
 of San Gabriel San Gabriel (săn gā`brēəl), city (1990 pop. 37,120), Los Angeles co., SW Calif.; inc. 1913. Fabric, furniture, paper products, tools, and aircraft parts are manufactured. , a 42-year-old woman described by grieving relatives as sweet, funny and intelligent.

Her nude body was found about a mile from Del Toro's Eagle Rock home. Based on a long trail of blood and tire tracks at the scene, authorities believe her body was dragged by Del Toro's pickup truck.

Transcripts of testimony in the grand jury proceedings remained sealed, and prosecutors declined to give details about why they had decided to pursue the unusual charge of torture.

But Deputy District Attorney Robert Grace told reporters that authorities had ``developed a lot of evidence'' against Del Toro.

In earlier bail hearings, Grace had said Flores suffered broken ribs and a broken jaw before she was strangled stran·gle  
v. stran·gled, stran·gling, stran·gles

v.tr.
1.
a. To kill by squeezing the throat so as to choke or suffocate; throttle.

b.
.

``She was beaten to a pulp; then she was strangled,'' Grace said.

Grace said Del Toro and Flores knew each other through a mutual friend, but did not have a romantic relationship. He declined to elaborate, but previously had said Del Toro was drinking alcohol at the time Flores was killed.

Speaking to reporters Wednesday, the victim's brother, Richard Flores, said he is still reeling from the loss of his only sibling.

``My family is still deeply distraught and shocked and in grief over the loss of my sister. It's very hard to realize she's gone and how much I miss her,'' he said.

``I just don't understand someone who is here for the public good can commit such a crime. She was a very sweet person, quite funny. She was very intelligent. We were very close.''

Prosecutors had twice tried but failed to get Del Toro's bail increased to $5 million, citing the violent circumstances of Flores' death and Del Toro's history of spousal abuse against his ex-wife and a former girlfriend.

Grace said he opted to seek a grand jury indictment from ``a group of unbiased citizens'' rather than go through a preliminary hearing before a judge, as the quickest way to move the case toward a trial.

The special circumstance contained in the indictment issued Tuesday allows prosecutors to seek either a death sentence or life in prison without parole for Del Toro, who otherwise faced 25 years to life in state prison if convicted of murder.

Los Angeles Fire Department The Los Angeles Fire Department (LAFD), also known as the Los Angeles City Fire Department to distinguish it from the Los Angeles County Fire Department. It is the agency that provides fire protection and emergency medical services for the city of Los Angeles.  officials could not be reached for comment on the death-penalty possibility. However, it raised the stakes in a murder case cited by city officials and rank-and-file firefighters as evidence of failure in the LAFD's disciplinary system.

Although Del Toro was a decorated firefighter who served 23 years with the department, police reports, court filings and interviews also show he has a history of alcohol and domestic abuse.

He struck his ex-wife nearly a dozen times before their 12-year relationship ended, and he also was arrested in February 2002 after a former girlfriend accused him of threatening her with a knife and kicking her in the back. Four misdemeanor spousal-abuse charges filed by the City Attorney's Office were later dropped ``in the interest of justice.''

LAFD LAFD Los Angeles Fire Department
LAFD Los Alamos Fire Department
LAFD London Association of Funeral Directors (UK) 
 officials have said he was disciplined in 2003 for what they called only a police matter in which charges were dropped -- presumably pre·sum·a·ble  
adj.
That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster.
 the domestic-violence case -- and also was suspended in 2005 for attending a graduation party thrown by department recruits, which violated policy.

eugene.tong(at)dailynews.com

(818) 546-3304

CAPTION(S):

photo

Photo:

(color) David Jaime Del Toro, a decorated L.A. fire captain, appears at an earlier court hearing. He was arrested again Wednesday.

Tina Burch/Staff Photographer
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No portion of this article can be reproduced without the express written permission from the copyright holder.
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Publication:Daily News (Los Angeles, CA)
Date:Nov 9, 2006
Words:685
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