Alleged drug dealer asks for new attorney on plea cut-off day

An alleged drug dealer appeared in Genesee County Court on Thursday morning and told Judge Robert C. Noonan that he would like a new attorney to handle his case.

Carlos A. Torres, who first made the news locally after being involved in a mysterious shooting, was scheduled today to either accept a plea offer or have his case set for trial.

"I don't feel he's doing anything on my behalf," Torres said.

He is represented by Public Defender Gary Horton.  

Horton explained to Noonan what appears to be a communication problem.

"I spent 45 minutes to an hour with Mr. Torres yesterday," Horton said. "I've explained to him what I expect to occur at trial, what my perception of the people's proof is...we've had that discussion multiple times.

"I understand his concern," Horton added. "He's facing serious charges. I understand he's anxious about going to trial, but he's always wanted to go to trial. The problem as I see it is that we keep having the same conversation over and over. It's starting to interfere."

Torres is facing three counts of criminal possession of a controlled substance, 3rd. The possible sentence he faces is 12 years in prison.  

Assistant District Attorney Will Zickl said Torres has been offered an attempted criminal possesion of a controlled substance charge with a sentence cap of six years.

Members of the Local Drug Task Force arrested Torres April 2 and allegedly found him in possession of cocaine, crack and heroin with an estimated street value of more than $7,000.

Noonan said he didn't hear anything from either Torres or Horton that convinced him it was worth the taxpayer expense to change attorneys.

He asked repeatedly if another attorney could work any better with Torres than Horton has, noting that Horton has 40 years experience and has taken hundreds of cases to trial.

"I’m not sure another attorney or another personality would have a problem or not," Horton said.

Torres is scheduled to reappear Dec. 23, giving Horton a chance to see if another attorney in his office can take the case and review new evidence against Torres that the DA's office produced recently.