Teen freed after Windsor house party slaying

One of three teenagers charged with murder in the slaying of a Windsor High School sophomore will go free, a judge ruled Thursday.

After a more than two-day preliminary hearing, Judge Rene Chouteau found there was insufficient evidence to hold Duane Morgan, 17, of Santa Rosa in last year’s shooting of Nathan Torres, 15, outside a house party.

The fact that Morgan went to the party with suspected shooter Flavio Caballero and co-defendant Oscar Aguilar, both now 18, does not make him their accomplice, the judge ruled.

At the same time, he found there was ample evidence to try Caballero and Aguilar, both of Santa Rosa, on suspicion of murder, assault with a deadly weapon and gang allegations.

The two young men, both minors at the time of the slaying, will remain in the county jail.

“While it’s a good result for Duane, we’re still mindful of the tragic loss in this case,” said Morgan’s lawyer, Joe Bisbiglia.

Morgan, who was being held in juvenile hall, will be released after a short processing period, Bisbiglia said.

The remaining defendants face life in prison if convicted of the killing. A trial date may be set at the next hearing in two weeks.

They are accused of fatally shooting Torres and wounding three others after crashing a June 22, 2014, party on Windsor Avenue.

Party hosts testified at the preliminary hearing they were escorting the three men and at least two women out to their car when shots were fired.

Two partygoers were shot in the leg, and one was shot in the hand. Torres died after being hit in the chest.

Witnesses gave conflicting accounts of what led to the shooting. Some said it was unexpected, while others said it came after Aguilar and Torres squared off in a fistfight in the street. One of the suspects is accused of yelling a gang slogan.

Caballero, Aguilar and Morgan fled the area, first driving to Reno and, later, Mexico. The three were arrested about four months later in the Mexican state of Sonora.

Sonoma County detectives tracked them through their cellphones, bank records and social media. A Santa Rosa woman is charged with driving them there.

Morgan’s lawyer said the fact his client went along didn’t mean he was guilty. Evidence suggested the teens fled the country because they feared retaliation.

Morgan, who was raised in Santa Rosa and played Pop Warner football, has no criminal record, Bisbiglia said. Morgan hopes to return to school and some day go to college.

“The charges were not consistent with his character,” Bisbiglia said.

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.