Former police officer Mark Torre Jr. was sentenced to eight years in prison for the 2015 shooting death of then-fellow police officer Elbert Piolo. Torre remains free on house arrest pending a planned appeal of his conviction.
Torre was convicted of negligent homicide and other charges, but acquitted of murder and manslaughter earlier this year.
Piolo, who was a longtime police officer, was shot once below his right armpit with Torre’s gun in the early morning hours of July 13, 2015.
Piolo had dropped Torre off at home in Yigo after a night of drinking at Tumon bars. After he was shot, Piolo called 911. He was heard in the recorded call telling the operator, “He shot me.”
The defense argued during trial that Piolo shot himself, although Torre said he blacked out and does not remember what happened.
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Torre showed little outward emotion as Judge Michael Bordallo handed down his sentence Wednesday. Torre was silent and stoic outside the courtroom immediately after the hearing as his attorney, Joaquin C. Arriola Jr., addressed the media.
“We are certainly disappointed in the sentence handed down today,” Arriola said. “The sentence was disparate in terms of others similarly convicted of similar crimes.”
Arriola had asked for no jail time. Chief Prosecutor Phillip Tydingco had asked the court to sentence Torre to the maximum 28 years in prison.
Tydingco said afterward that he doesn't think Torre accepted responsibility for what he did. "He wasn't remorseful," Tydingco said.
For the first hour of the sentencing hearing, the court heard emotional testimony by family members from both sides.
Emotional testimony
Torre was the last to testify, apologizing to the Piolo family. "I would never intentionally, recklessly, negligently or accidentally hurt Bert," Torre said to the Piolo family. Torre said Piolo was his brother, friend and comrade.
“Bert’s death will haunt me for the rest of my life,” Torre said. “I’m already living a life sentence of regrets, grief.”
At the sentencing, Piolo’s mother, Jerelyn Piolo, wearing a Justice for Bert T-shirt, took the opportunity to speak directly to Torre and Torre's father, police Lt. Mark Torre Sr.
She introduced herself as the mother of Elbert, “who was killed by Mark Torre Jr.”
To this day, they are grieving Elbert’s death, Jerelyn Piolo said. “We were so disappointed about the jurors’ verdict. Where is the value of human life here, your honor?” she said.
She asked why Mark Torre Jr. brought his gun with him that night. She asked Lt. Mark Torre Sr. why he didn’t render more first aid to her son.
She said the Torre family can still see Torre, kiss him and hug him, but Piolo's family cannot do that with Piolo.
Mika Piolo, Elbert Piolo’s widow, said their four children will never have their father to celebrate their birthdays, Father’s Day, anniversaries and other milestones as they grow up.
“No one believes he committed suicide,” Mika Piolo said. “Elbert’s life means so much more than what Torre was found guilty for.”
Jaden Piolo, the eldest of Elbert Piolo’s children, said the last time he saw his father was July 12, 2015, before he left the house for his band gig at The Beach Bar. Jaden recalled his father telling him he loved him before he left for the night. Without his father, Jaden Piolo said, he will have to be the man of the house now.
Edison Piolo, Elbert Piolo’s brother, and his two cousins, Christine Duncan and Romalie Estoy all described Elbert Piolo as a the man who wanted to help people, the one who planned their parties.
Edison, like Jaden and Mika Piolo, said he is sure Elbert would not commit suicide.
Edison Piolo said he forgave Mark Torre Jr. “You could’ve just said, ‘It was an accident,’” Edison said.
Christine Duncan said Mark Torre Jr. should be held accountable. “Whenever a person puts on a uniform, they represent that organization that they’re with,” Duncan said. “The motto of the Guam Police Department is to serve and protect … Mark Torre was representing the Guam Police Department the night Elbert was shot and killed.
“If we don’t hold him accountable for his actions, what message are we sending to the public? Are we trying to send the message that members of the Guam Police Department deserve more leniency than others?” Duncan said.