Judge dismisses charges against driver
5-29-03
CROWN POINT (AP) � A judge dismissed charges against a man accused of trying to run over police officers after he was thrown out of a Hammond casino.
Judge Joan Kouros dropped the charges after ruling that Ruben Torres� trial was unfair. The judge said prosecutors failed to provide the 32-year-old Chicago man�s attorney with crucial evidence that could have shed unfavorable light on police accounts.
Diane Poulton, spokesman for the Lake County Prosecutor�s Office, said Wednesday that prosecutors had no comment because they had not yet seen the judge�s order. The case was handled by Deputy Prosecutor John Burke, who frequently has clashed with the judge on Torres� case and other matters, The Times of Munster reported.
The ruling came as Kouros prepared to respond next week to criticism by the Indiana Supreme Court administrator that she has failed to properly administer her court�s paperwork, and to show cause why she shouldn�t at least be temporarily removed from the bench.
Kerry C. Connor, a Munster lawyer who represents Torres, said the judge made the right decision.
�I think Judge Kouros was confronted with a very serious situation regarding the state�s failure to provide discovery that it obviously had in its possession at least a week before trial and more likely a year and a half before trial,� Connor said.
Torres was ejected from the Horseshoe Casino on Oct. 16, 2001, for alleged disorderly conduct.
Torres was escorted to his car in the parking lot by Oscar Martinez and Troy Johnson � two off-duty county officers working as security guards � a casino security supervisor and two state police troopers.
Police allege Torres tried to hit the officers with his car as he drove off. Prosecutors say one of the officers fired two rounds from his gun into the car, hitting Torres once in the back. The officers were uninjured, as were three women sitting in a car Torres sideswiped.
Torres underwent six months of medical care, including a removal of part of his colon. He was charged with three counts of criminal recklessness for endangering the women, and four counts of attempted battery of the four police officers.
Connor argued the prosecution agreed before trial to dismiss six of the seven felony counts, reduce the remaining charge to a misdemeanor and allow him free on probation in return for his agreeing never to sue the casino or the officers for the shooting.
Connor asked the judge to dismiss all the charges when the case went to trial in March, alleging the prosecutor�s office was using criminal proceedings to intimidate Torres into waiving his constitutional right to sue. Connor said Torres was still considering suing.
A jury March 31 acquitted Torres of four felony counts and couldn�t reach a verdict on the attempted battery charges involving Martinez and Johnson.
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