life in prison without parole.
With Santana as the prosecutionâs only witness, the DA was nervous enough about his testimony to offer Joey a deal: five years in juvenile hall.
Joey sat alone in the LA County Jail for a year, with decisions to be made. Joey says he was not happy with his âdump truck attorneyâ who offered him the 3-5 years in the Youth Authority with a âpromiseâ that Joey would be out in 18 months. In the worst case scenario, according to Joeyâs memory of their conversation, he could be held until he was 25 years old. The attorney informed Joey that the only evidence was Santana identifying Joey as the murderer, based on Joeyâs confession that he beat Ramirez up, but not with the intention of murdering him.
Joey claims an off-duty officer identified someone else that saw him at the Texaco, who, finding this odd, went to look for Ramirez. Joey claims the officer walked into the office to find the body.
Faced with the death penalty or life in prison, Joey figured âWhy not plead out and go get in shape to be out in no time?â The attorney supposedly advised, âTheyâre gonna bring out your organized crime history, your brother, Uncle Frank, and now the FBI is interested.â Putting his hand on Joeyâs shoulder, he supposedly advised that Joey take the plea bargain.
The same day, at the sentencing hearing, the judge asked if any deals had been made in order to enter this plea of guilty. Joey stood and informed the judge that he was promised by the California Youth Authority not to exceed his 25 th birthday if he entered a guilty plea. Joey claims the judge turned to the district attorney, who confirmed this oral agreement. Joey was ordered to another division to accept the plea.
C OURT T RANSCRIPT:
Judge: Do you understand what robbery is, Mr. Torrey?
Torrey: Yes, I do.
Judge: Do you understand robbery is the taking of property from another by force or violence, and with the intent to permanently deprive that person of that property?
Torrey: Yes, I do.
Judge: Now, you also understand that if you wanted to go to trial on this case, that you have the statutory right to the process of this court to compel the attendance of all witnesses on your behalf?
Torrey: Yes, I do.
Judge: Do you give up that right?
Torrey: Yes, I do.
Judge: Do you further understand this: If you are sent to state prison, that upon release from state prison that you would be on parole for a period of up to three years?
Torrey: Yes.
Judge: You also could be sent to the California Youth Authority, in which event they could retain you there until the age of twenty five. Do you understand that?
Torrey: Yes, I do.
Judge: My further understanding is that the probation and sentence hearing will take place in Department âEâ and our further understanding is that the judge in Department âEâ has indicated that he will be committing the defendant to the California Youth Authority at that time. Is that correct?
Mr. Romeyn: Thatâs the peopleâs understanding.
Judge: Mr. Torrey, is that your understanding?
Torrey: Yeah.
7
With Donna Summer singing âBad Boy,â the bus driver pulls into the yard at the Southern California reception center for the Youth Authority, in Norwalk. As the driver turns off the radio on a rainy February in 1980, the leg shackles are taken off.
The California Youth Authority of the 70s and 80s was violent, and Joey says his reputation as Boxer from 18 th St. was known to the other residents from the moment he stepped off the bus. Thereâs a peculiar irony: No one challenges an Olympic swimmer to a race but every street fighter wants to challenge a ring fighter.
When Joey was sent to YTS, a youth facility in Ontario, CA, his reputation followed himâfrom the last guy he fought, to the people whose scam he was interfering with, to the older brother of the guy from the other side of the ring. As a fighter on the
John Freely, Hilary Sumner-Boyd