In opening statement, prosecutor calls Lozada 'team member' in Ontario woman's 2003 killing

Pictured (L-R): Jessica de la Torre and Victor Aaron Alburto Lozada.

RIVERSIDE -- It's been more than six years since Jessica de la Torre was robbed, tortured, raped and killed by being run over by a car.

In that time, Victor Lozada -- an alleged "team member" in the slaying of the 18-year-old Ontario woman -- has stood trial twice on murder charges.

Both juries deadlocked 11-1 in favor of guilt, and mistrials were declared.

This morning, Lozada's case came to trial for a third time in Riverside Superior Court, with attorneys delivering opening statements and jurors hearing testimony from six witnesses.

In his opening statement, Deputy District Attorney Ambrosio Rodriguez described Lozada, 35, as a member of a three-person "team" in De la Torre's Aug. 15, 2003 killing.

Lozada, of Upland, helped plan the robbery of De la Torre, assisted in carrying out her murder, then lied about his involvement to police, Rodriguez told jurors.

Lozada's two co-defendants -- Jesus Penuelas and Sergio Arias -- have both been convicted of murder. Penuelas was sentenced to death, and Arias was sentenced to life without the possibility of parole.

Lozada's defense attorney, Mike Schaaf, told jurors this morning that Lozada "didn't have anything to do with this horrible, horrible murder."

"On Aug. 15, 2003, an angel went to heaven, and an animal sent her there," Schaaf said. "Jesus Penuelas is an animal."

Lozada didn't know what his alleged co-conspirators had done to De la Torre, Schaaf said, and he didn't participate in the robbery, rape or killing.

Rodriguez began his opening statement by telling jurors that at the time of the killing, De la Torre's father had saved $7,000 to buy his daughter a car for her upcoming 19th birthday in October.

But Francisco de la Torre had "that all taken away from him" by Lozada and his two co-conspirators, Rodriguez said.

"His little girl was tortured, raped, bound, put in the trunk of a car, dumped in the hills of Jurupa, and then run over and left -- left on the ground for dead," Rodriguez told jurors.

The plot to kill De la Torre was set in motion when Penuelas -- De la Torre's boyfriend and co-worker at Southland Market in Ontario -- learned of the money her father had saved, Rodriguez said.

The day before De la Torre's death, Penuelas, Arias and Lozada discussed their plan to take De la Torre's money, Rodriguez said.

The next morning, De la Torre let Penuelas into her house. Penuelas later let Arias in, Rodriguez said.

The two men tied up De la Torre, found an ATM card, and stabbed her repeatedly -- with some wounds as deep as two inches -- to induce her to give up the PIN number, Rodriguez said.

After the men obtained the PIN number, Arias left the home to try withdraw money with the ATM card, leaving Penuelas alone with De la Torre, Rodriguez said.

Penuelas set several fires throughout the home, hot-wired a car in the garage, and put De la Torre, bound and still alive, in the trunk, Rodriguez said.

From De la Torre's home, Penuelas drove back to the apartment he shared with Lozada in Upland, and Lozada helped him unload stolen stereos from the back seat, Rodriguez said.

Lozada followed Penuelas in his own car as Penuelas drove the stolen car to the Jurupa Mountains in Riverside County.

With Lozada waiting nearby, Penuelas took De la Torre from out of the trunk and ran her over four or five times with the car to kill her, Rodriguez said.

Francisco de la Torre returned home the day of the incident to find his home damaged from smoke. A man riding a dirt bike in the hills later found Jessica de la Torre's body, Rodriguez said.

In the days after the killing, the three-member "team" attempted to withdraw money with the stolen ATM card, but were unsuccessful, Rodriguez said.

When Lozada was arrested at his home, he was listening to music on one of the stereos stolen from De la Torre's home, Rodriguez said.

He later gave three conflicting statements to police about the incident, Rodriguez said.

First he said he didn't know about the killing, Rodriguez said. The second story contained fewer lies. His third story minimized his involvement.

"Not only was he involved, he was part of that team," said Rodriguez, telling jurors that the "only reasonable conclusion" is that Lozada is guilty of murder.