Guam ex-police officer's lawyer says fellow cop shot during suicide attempt

HAGATNA, Guam — The attorney for the former Guam police officer charged in the shooting death of police Sgt. Elbert Piolo said his client, Mark Torre Jr., was trying to prevent Piolo from committing suicide the day Piolo died in July 2015.

Torre is the sole suspect in Piolo’s death, facing murder and manslaughter charges. He has pleaded not guilty.

Opening statements in Torre’s trial started soon after the jurors — 10 men and eight women, including alternates — filed into the courtroom at 9:12 a.m. Monday.

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Defense attorney Joaquin C. Arriola Jr. said in his opening statements that Piolo was attempting to kill himself because he was distraught over an extramarital affair.

“The government has presented its theory of the case that (Torre) recklessly shot (Piolo) while seated in the passenger seat of the truck. However, the evidence will show a different theory, that (Torre) was preventing (Piolo) from committing suicide."

In July 2015, Torre was found with Piolo at Torre’s Yigo home, both covered in blood, according to court documents. Piolo had a gunshot wound below his right armpit, documents state.  He was taken to Guam Memorial Hospital after medics found him in Yigo and was later pronounced dead.

Piolo, a Guam Police Department officer, was detailed to be the lieutenant governor’s driver, but was also a conga player for the band Soul Vibes that played weekly at the Beach Bar in Tumon.

The night of July 12, 2015, Piolo was playing at the Tumon bar. Torre and other friends decided to go to the Beach Bar, and the two linked up and were drinking and socializing, Arriola said.

Piolo, Torre and another off-duty officer decided to go to another bar in Tumon, Abandon Ship. Piolo and Torre stayed at Abandon Ship until about 1:40 a.m. July 13, 2015, before Piolo drove Torre home in Yigo, Arriola said.

'Drunken killing'

Chief prosecutor Phillip Tydingco said it was Torre who caused Piolo’s death.

“This is a case is about drunken drinking, drunken anger, drunken shooting and drunken killing of Elbert Piolo,” Tydingco said.

In his opening statements, Tydingco said jurors will hear testimony from people at the Abandon Ship bar, who will say Torre appeared belligerent and arrogant that night. The bar owner said Torre appeared to challenge him and sized him up.

KUAM reporter Krystal Paco also was at Abandon Ship, and she will testify that Torre appeared to be drunk and told her at one point, “You think you’re hot (expletive)," Tydingco said.

At Torre's home, Piolo called 911 about three times, Tydingco said. In one recording, Piolo can be heard pleading, “Lieutenant, help me. I’m dying, I’m dying. He shot me, he shot me," Tydingco said.

There were only three men — Piolo, Torre and Torre’s father, police Lt. Mark Torre Sr. — who were at the Torre home before on-duty officers arrived, Tydingco said.

At the same time Piolo called 911, call logs from Torre’s phone shows Torre called his wife and said in a message, “Honey I’m done, we’re done, I don’t even know how it happened," according to Tydingco.

Tydingco said Piolo wasn't carrying a gun that night, and it was Torre’s gun that was found in Piolo’s truck.

“(Piolo) would die a painful death at the hands of this man, who committed reckless murder on July 13, 2015,” Tydingco said.

Arriola said when Torre was first interviewed after the shooting at the scene, Torre was mumbling and clearly incoherent. At different points during an interview at his home, Torre said, “I never pointed it,” and “It tripped me out, I told him to stop and he just let loose.”

The defense's psychiatrist also determined Torre suffered from an alcohol-induced blackout, Arriola said.

As for fingerprints, Arriola said, there weren't any on the gun. “We cannot tell, based on fingerprints, who pulled that trigger,” Arriola said.

The prosecution is expected to take between four to six weeks to present its case.

When it's the defense's turn, defendant Torre will take the stand, Arriola said.

Arriola said Piolo was distraught over an extramarital affair with a woman who was Piolo’s co-worker and worked at the lieutenant governor’s office. The woman, Abigail Reyes, is listed as a possible prosecution witness, along with 74 others.

The most recent government staffing pattern shows Reyes works as a special project coordinator for the Guam Economic Development Authority.

Reyes and Piolo had an affair for three years, the defense attorney said. Piolo’s cellphone was seized and it contained messages between him and Reyes that showed they were arguing the day before Piolo died.

“(Reyes) is badgering him all day long about the status of their relationship, where’s it going,” Arriola said.

Piolo's wife is first witness

After opening statements, the first witness called to the stand was Sgt. Elbert Piolo’s widow, Mika Piolo.

A soft-spoken Mika Piolo recalled the day her husband died. She had called his phone after midnight on July 13, 2015, asking where he was. Her husband answered, saying he was finishing up his gig at The Beach Bar in Tumon, where he was playing conga drums with his band Soul Vibes. She sent more text messages to him, asking where he was.

A few hours later, three officers knocked on her door and said her husband was gone, Mika Piolo testified.

As Mika Piolo recalled the moment the officers arrived at her door, she broke down and cried. Piolo’s family, seated in courtroom, echoed Mika’s sobs.

During Arriola’s cross-examination of Mika Piolo, Arriola stated the names of a handful of women and asked Mika Piolo if she knew any them. Mika Piolo confirmed she knew a couple of the women, but said she did not know the others and she did not know their connection to her husband.

Arriola then asked Mika Piolo if she knew Abigail Reyes. The widow nodded and said that she found out, just Monday, during Arriola’s opening statements, that Reyes and Piolo had an affair for three years.

During the cross-examination Mika Piolo kept her composure, even when Arriola asked her about a text message between Reyes and her husband that she said her son saw. Mika Piolo testified that she asked her husband not to text Reyes after learning of that message.

Before the opening statements were made, Judge Michael Bordallo told the families and friends packed in his courtroom to respect the judicial process.

“If you misbehave, you will be escorted out by the marshal and you will not be allowed in,” Judge Bordallo said. “I understand that this matter is sensitive and important to all parties.”

Security on the first day of trial was tight. Before entering the courtroom, family and friends of both Piolo and Torre were searched, and court marshals were stationed at each entry and exit point, with two positioned at each end of the jury box.

Asked during a lunch break if the family had any response to opening statements and proceedings thus far, Elbert Piolo's brother, Edison Piolo, said there were no words at the time. "We’re just here to keep going forward, no matter what," he said.

Six witnesses were called Monday. Jurors will return Tuesday morning to hear testimony from bouncers at Abandon Ship and KUAM reporter Paco, who was a patron at Abandon Ship the same night as Torre and Piolo.