Jorge Guerrero-Torres expected plea delayed until March 14, citing language barriers

At least six relatives of 9-year-old Diana Alvarez, who was kidnapped, raped and murdered in 2016, sat in the second row as the accused killer expressed confusion over the implications of a tentative plea agreement.

Jorge Guerrero-Torres, 35, of Punta Gorda, is charged with capital first-degree murder; kidnapping; and lewd and lascivious molestation of the San Carlos Park girl whose body was found four years later. Lee County grand jury indicted Guerrero-Torres on all three counts May 3, 2018.

Lee Circuit Judge Margaret warned Guerrero-Torres, his attorneys and state prosecutors about the time sensitivity in the case, adding that the deadline to send out jury duty summons six weeks in advance is looming. If Guerrero-Torres doesn't enter a plea, his six-week trial could begin as soon as mid-April.

Steinbeck set time for a plea hearing 8:30 a.m. March 14. The plea agreement would allow Guerrero-Torres to avoid the death penalty.

Monday's expected plea deal was delayed after Guerrero-Torres didn't understand the proceeding or the implications of a plea agreement.

During the roughly one-hour hearing, Steinbeck allotted two breaks — one of them 10 minutes long —, giving Guerrero-Torres time to clear any hurdles with his attorneys, assisted by a Spanish-language translator.

Steinbeck last month OK'd a motion filed Dec. 6, 2022, that sought to disqualify the use of written and oral statements he provided to law enforcement when he was being questioned about Alvarez's disappearance.

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The motion bars statements Guerrero-Torres gave between his June 3, 2016, Okeechobee County arrest and his transfer to Lee County two days later.

At the time, detectives asked Guerrero-Torres where the "little girl" was, and if he had sex with her. Guerrero-Torres denied he was at the San Carlos home, touched Alvarez, hurt her or knew her whereabouts.

The audio and video-recorded statements were admitted into evidence during March 21 and March 22, 2023, hearings, court records show. The motion sought to bar four particular statements, but it doesn't specify the content of the statements.

Guerrero-Torres has several pending motions in the case. Steinbeck asked both parties to evaluate the circumstances carefully, considering Guerrero-Torres faces one capital felony and two life felonies.

An 81-page motion filed by public defender Philadelphia Beard on Jan. 12 claims the death penalty violates Guerrero-Torres' Fifth, Sixth, Eighth and Fourteenth Amendments.

According to the motion, Guerrero-Torres meets the criteria for intellectual disability because he displays "significant subaverage" intellectual functioning. His IQ score isn't listed in the motion.

Guerrero-Torres was already convicted on two federal child pornography counts connected to the girl.

After Alvarez disappeared in May 2016, authorities arrested Guerrero-Torres, questioning him for about three days in Okeechobee County. More than a year later, the Lee County Sheriff's Office announced Aug. 15, 2017, that Guerrero-Torres was charged with two felonies in the disappearance.

His cellphone was recovered after investigators narrowed their search to Daytona Beach using a geolocation device. There, they met with a witness, Steven Morehouse, who said he found the cellphone and charged it to locate the owner.

Guerrero-Torres was sentenced Aug. 14, 2017, to 40 years for having sexually explicit images of the girl on his cellphone.

Alvarez's family last saw her on May 29, 2016, in their south Lee County home. Her body wasn't found until March 13, 2020, and investigators believed Guerrero-Torres killed her.

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.