Man's supporters turn out for sentencing hearing

Family and friends of a Kalispell man convicted of four felonies for assaulting his wife and firing a pistol in the direction of police in 2009 asked a judge to show compassion and issue a lenient sentence Friday in Flathead District Court.

But Kalispell Police Department officials asked that Zach Torres be sent to Montana State Prison to “send a message” that firing on law enforcement will not be tolerated.

District Judge Stewart Stadler listened to testimony from more than a dozen people during a four-hour sentencing hearing before a courtroom filled with supporters of Torres.

The hearing was adjourned at 5 p.m. and the sentencing will take place later.

Torres, 30, was arrested on the night of May 28, 2009, after a standoff at his home on Howard Drive that drew the SWAT teams of both the Kalispell Police Department and the Flathead County Sheriff’s Office.

Police say he kicked in the door to a home on Ashley Drive and forcefully took his wife to his home on Howard Drive, assaulting her in the process. Police surrounded the home and a standoff ensued. At one point, a bullet was fired from the second floor of the home through a glass door. Torres has said it was an accidental discharge but prosecutors allege it was an attempt to scare the officers.

Torres was convicted of burglary, aggravated assault, assault on a peace officer and criminal endangerment Jan. 14 after a weeklong trial in Flathead District Court.

Flathead Deputy County Attorney Alison Howard called Torres’ mother to testify Friday in regards to a letter circulated among her son’s supporters that implored them to ask Stadler for a lenient sentence.

More than 100 letters were sent to the court in support of Torres.

Stadler said the letters would be considered and “given the weight they deserve.”

“This hearing is not a contest to see who can get the most letters,” Stadler said.

Howard also called Kalispell Police Chief Roger Nasset and Officer Stan Ottosen to testify and offer their opinions on what punishment should be dealt to Torres.

Nasset said he doesn’t believe Torres has accepted responsibility for the incident, which placed officers in fear for their well-being. He said incarceration would send a message that such actions are not acceptable.

“I certainly believe that this is something that warrants prison time,” he said.

Ottosen, who testified at trial that he heard the bullet fired from the home fly over his head, echoed Nasset’s sentiments. Torres’ attorney John Quatman produced ballistics and surveying experts at trial who questioned whether or not such a shot could be heard.

During questioning, Quatman implied that the bullet could not have come as close as Ottosen had testified.

“That’s easy for you to say,” Ottosen said, later adding, “You’re making it sound like it’s OK to shoot at a cop.”

Quatman said he simply disagreed with the facts presented by police.

He asked friends and family of Torres to testify over a period of about three hours, beginning with U.S. Army Capt. Jedediah Ballard, who said he has known Torres for ten years.

He was with Torres when he met his wife in Costa Rica.

“In all my interactions with Zach, he’s been extremely peaceful,” he said.

Brooke White, a high school classmate of Torres, described him as a popular guy who made friends easily.

“I think Zach is a very kind and gentle spirit, very sensitive,” she said.

Sally Carlson, an Episcopal minister, spoke highly of Torres, calling him a reliable, joyful man who cares for others.  Likewise, his former Spanish teacher Stephanie Baca said he is “laid-back, easygoing, kind and gentle.”

Baca was among several witnesses who testified that Torres’ wife — the victim in the case — was manipulative and shallow. It was his wife’s infidelity that allegedly sparked the standoff. She did not testify at trial and her whereabouts are unknown.

Quatman is asking that Torres be sentenced to probation or time served.

Torres is currently in the Flathead County Detention Center pending sentencing.

Reporter Eric Schwartz may be reached at 758-4441 or by email at eschwartz@dailyinterlake.com.