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- A 21-year-old West Jordan man, Rafael Antonio Torres, received a decade-long prison sentence and five years of probation.
- Torres was charged with using a firearm in a drug crime, pleading guilty in exchange for a minimum sentence.
- Prosecutors emphasized Torres' lack of criminal history and that he was not responsible for the death of his cousin and the teen killed.
SALT LAKE CITY — A 21-year-old West Jordan man is going to prison for a decade for his involvement in a fatal shooting in Taylorsville that left two men dead.
In January 2023, Rafael Antonio Torres and his cousin, Eduardo Moreno-Lujan, 21, were meeting in the parking lot of the Atherton Park Apartments, 4545 S. Atherton Drive, in Taylorsville. Court documents show the pair were looking to sell THC vape cartridges to a teen, only identified by his initials A.L.
Torres sat in the back seat of the Honda while Moreno-Lujan and the teen spoke up front, according to an initial police booking affidavit.
As the three were discussing the drug transaction, the front passenger claimed he needed more money to make the deal, Torres' attorneys told police at the time. The teen "pretended to open the door of the car but pulled out a gun and shot (Moreno-Lujan)," with Moreno-Lujan firing back, the affidavit says.
"Gunfire was exchanged as Torres exited the vehicle and 'fired the last shot' as he fled the scene, with the belief that (A.L.) may have other friends in the area," according to the affidavit.
Torres fired a total of two rounds from a 9 mm semi-automatic pistol, one grazing the teen's ear and neck, according to court documents.
Moreno-Lujan was shot in the head; the teen received bullets to the chest and abdomen, the affidavit said. The car remained in gear and kept rolling. It was found "suspended and high centered on a bank of snow, against the bordering fence of the apartment complex" by a security guard for the complex, the booking report says.
Multiple bullet holes were found in the car's windshield and the driver's side window, according to Taylorsville Police Sgt. Jake Hill; both men inside were dead.
Torres fled and contacting an attorney before turning himself in that same night, according to the affidavit. His attorney said Torres only fired his weapon after his cousin, Moreno-Lujan, who was in the driver's seat, was shot first by the teen.
"Crucially, Mr. Torres was not responsible for the death of either man," the sentencing memorandum says.
Torres' gun was recovered months later under brush by a resident who reported it to the Taylorsville police, court documents say. Forensic tests on recovered bullets and other physical evidence corroborated the sequence of events, according to the memo.
In April 2024, Torres was charged with one count of possession of marijuana with intent to distribute and one count of use, carry and discharge of a firearm in furtherance of a drug trafficking crime. He pleaded guilty to the second charge as part of a deal, in return for the dismissal of the first and the minimum sentence of 10 years.
Tuesday, Judge Dale Kimball accepted that sentence and ordered five years of supervised release after prison.
The decision for a minimum sentence was informed by Torres' lack of criminal history. "He is not someone who habitually shows a lack of respect for the law," prosecutors wrote in the sentencing memo; the only adult conviction on his record is a misdemeanor for drug possession.
Torres admitted to smoking marijuana "daily" prior to his arrest, a habit that started when he was 15, court documents say. "To his credit, (Torres) has expressed an interest in completing a program of substance abuse counseling," the memo says.
"The Probation Office found no indication that Mr. Torres had been a member of a gang, and he appears to have been gainfully employed. Mr. Torres appears to enjoy a healthy relationship with his family, who has expressed their support for him."
Prosecutors were clear that "the United States does not intend to suggest that Mr. Torres intended that any person, least of all his own cousin, be killed during this incident," but the events "highlight the enormous danger presented by the combination of drugs and firearms."
Kimball is suggesting Torres be incarcerated as close to Utah as possible so family can visit.
