Wilfredo Pica-Torres is accused of killing a man and setting a fire at a Walnut Street residence.
The day before Wilfredo Pica-Torres allegedly murdered a Binghamton man and set fire to a Walnut Street house, he was released from the Broome County jail to await sentencing on a larceny charge.
Pica-Torres, 45, of 107 Walnut St., Apt. 1, is accused of killing 61-year-old Victor Banayan on Feb. 9 in an apartment at 109 Walnut St. on Binghamton's West Side. A 27-year-old woman was also injured in the attack, but she managed to escape along with upstairs tenants as a fire consumed the building.
On Feb. 4, the Broome County District Attorney's Office offered to settle a recent set of felony charges against Pica-Torres — burglary, grand larceny and criminal mischief — by a guilty plea to a misdemeanor petit larceny in Binghamton City Court. A prearranged sentence would be jail time served and three years of probation, and the felonies would be dismissed to satisfy that outcome.
On Feb. 7, with those charges to be resolved, prosecutors asked judges in Broome County and City of Binghamton courts to release Pica-Torres from jail on his own recognizance to await his next court date. On Feb. 8, he was released from jail.
That legal step, and the timing of Pica-Torres' murder arrest so soon after being released, sparked criticism Wednesday from Paul Battisti, a Binghamton lawyer campaigning for Broome County district attorney.
His opponent is current Chief Assistant District Attorney Michael Korchak, and both candidates are expected to face off in a Republican primary election. District Attorney Steve Cornwell is not seeking a second term.
During a Wednesday news conference, Battisti said he believes the Walnut Street murder/arson could have been avoided if Pica-Torres hadn't been released from jail.
Battisti said that for the charges Pica-Torres had pending before the murder arrest, he could have served a mandatory prison sentence if convicted. He also could have been convicted as a persistent felony offender, a designation that carries a potential sentence of 25 years to life.
"The current administration at the District Attorney's Office is utterly broken," Battisti said Wednesday. "Any reasonable person would come to the conclusion that a repeat violent offender with a history of domestic violence is a threat."
Cornwell responded late Wednesday in a statement: "Shame on Paul Battisti for exploiting the death of a victim for political advantage. Mr. Battisti is hiding behind the fact that we are prohibited by law from discussing a pending case."
"His misleading information is nothing more than an unethical political stunt intended to fool voters," Cornwell added. "We aggressively prosecute cases based on the facts and the law, not on speculation."
Pica-Torres has been charged with felony counts of second-degree murder, second-degree arson and first-degree burglary in connection with the Walnut Street case. He faces a separate arson charge for allegedly starting a fire in a Thorp Street residence before being taken into custody.
If convicted of the murder charge, Pica-Torres faces a possible prison sentence of 25 years to life.
On Dec. 22, police in Binghamton arrested Pica-Torres and charged him with a felony count of third-degree burglary and a misdemeanor count of fourth-degree criminal mischief.
Pica-Torres was accused of unlawfully entering Cricket Wireless on Main Street in Binghamton with an intent to commit a larceny. He also was accused of damaging a coin drawer of a nearby laundromat.
Endicott police also had arrested Pica-Torres in September on a felony fourth-degree grand larceny charge. He was accused of stealing his ex-girlfriend's clothing and footwear — an estimated $2,185 worth of property.
The victim in that grand larceny case, Battisti said, was the same woman Pica-Torres allegedly injured at the Walnut Street residence and who escaped the fire.