The Riesel Police Department is trying to reverse the decision of a McLennan County Justice of the Peace to dismiss a charge against a man suspected of evading arrest with a vehicle.
Nicomedes Torres Jr. was arrested on March 5 around 6 p.m. after being accused of speeding, failing to stop and leading police on a chase.
Justice of the Peace Dianne Hensley dismissed the complaint because it didn’t find probable cause, according to Riesel Police Chief Danny Krumnow.
Krumnow claims Hensley told him she felt sorry for Torres and thought the charge was too harsh for the crime.
“We’re disappointed she chose to try the case instead of just determining probable cause,” said Krumnow.
News Channel 25 reached out to McLennan County Justice of the Peace Dianne Hensley but she declined to comment on this case.
According to an arrest affidavit, an officer tried to stop Torres Jr. who was driving nearly 20 miles per hour over the speed limit near Northbound Hwy 6 & the Exxon Gas station in Riesel.
The officer started chasing Torres on Hwy 6 in Riesel, after he said Torres failed to stop.
“I could visibly observe the drive and sole occupant of the vehicle looking in the driver side mirror looking at me,” said the arresting officer Ryan Dieterich in an affidavit.
The pursuit ended near the Hwy 6 and Loop 340 intersection in Waco when Torres stopped his vehicle for the stop sign at the intersection. A constable who was assisting with the chase parked his vehicle next to the suspect’s rented SUV, according to an affidavit and a dash camera video.
When Torres initially interacts with officers, you can hear him in the dash cam video saying “I’m deaf. I am deaf.”
“You can see though,” replied one of the officers at the scene.
Torres said he was from Connecticut and had flown to the area recently.
An officer later asked Torres who had already been placed in handcuffs and placed in the back of a Riesel Police patrol car “Why didn’t you stop?”
Torres responded “I’ve seen him behind me but I didn’t think he was [going to talk to me] or anything like that.”
Later in the video, you can hear Officer Dieterich talking to Torres about his arrest and charges.
“I’m Officer Dieterich with Riesel PD. I initially tried to stop you for traveling,” said Dieterich,
Torres interrupts officer and said “I can’t hear you, sir.”
Dieterich said he had the window open.
Torres replies “It’s not that, sir. I’m legally deaf. I wear hearing aids. I don’t have them. I couldn’t hear you.”
Dieterich repeats “I’m officer Dieterick with Riesel PD, do you understand that?”
Torres replies saying “What was that?”
Dieterich repeats his title and police department. He mentions he stopped him after he was traveling 74 mph in a 55 mph area in Riesel, which is 19 mph over the speed limit.
“I wasn’t aware, I didn’t see,” Torres said.
“I’ve been following you for 13 miles with my light and sirens on,” said Dieterich.
“I didn’t hear the sirens. I don’t have the radio on and I didn’t hear your siren,” said Torres.
After the officer finishes his conversation with Torres, three law enforcement members are seeing near the rental car Torres was driving.
One of them tells the other two Torres saw him behind him when he looked through the mirror several times.
Toward the end of the video, you can see Torres in the back of the car. Torres doesn’t give his phone number when asked by the officer and he mentioned he would like to contact a lawyer first.
Krumnow said currently Torres does not face any charges. However, Riesel Police has submitted the case for the McLennan County District Attorney’s Office for referral. The DA's Office will review it and send it to a grand jury who will ultimately decide whether Torres will be indicted on the charge. Evading arrest with a vehicle is a state jail felony punishable by up to two years in prison.
Krumnow said when a person does not stop for a police officer escalates a minor incident into something major due to resources used in a pursuit and dangers associated with it.
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