TOPEKA, Kansas (AP) – The Kansas Supreme Court has upheld the felony murder conviction of a southwest Kansas man in the 2009 death of his girlfriend’s baby daughter.
The justices on Friday rejected all arguments raised by Gabriel De La Torre on appeal for his murder conviction. They ordered a retrial on the child abuse conviction because a required jury instruction was not given.
At his first trial, a jury convicted the Dodge City man of abusing 11-month-old Joselyn Hernandez but deadlocked on the murder charge. A jury at a second trial convicted him of felony murder.
Authorities said the baby had more than 40 bruises when De La Torre brought her to a hospital on Sept. 6, 2009, because she had stopped breathing. Her mother was at work at the time.