United States Drug Enforcement Administration

WILKES-BARRE, Pa. – District Attorney of Luzerne County Stefanie J. Salavantis, U.S. Drug Enforcement Administration New York Division Special Agent in Charge Ray Donovan, New York State Police Superintendent Keith M. Corlett, and New York City Police Commissioner Dermot F. Shea announced today that criminal homicide charges have been filed against David Alzugaray and Roberto Torner in the disappearance of Jose Herran, who was last seen alive in the fall of 2015.

Both Alzugaray and Torner have been charged with one count each of:

• Criminal Homicide—18 Pa.C.S.A. § 2501(a) (open count of Criminal Homicide)
• Criminal Conspiracy to Commit Homicide—18 Pa.C.S.A. § 903(a)(1) (Felony-1)

Alzugaray faces an additional count of:

• Abuse of a Corpse—18 Pa.C.S.A. § 5510 (Misdemeanor-2)

Torner faces an additional two counts of:

• Criminal Solicitation to Commit Homicide—18 Pa.C.S.A. § 902 (Felony-1)

Herran’s family has not heard from him since before November 17, 2015, which was his mother’s birthday. According to Virginia Rodriguez, Herran never called her on her birthday, which was something he routinely did every year.  Investigators have established that Herran was killed between October 13 and November 17, 2015. 

During a nearly five-year long investigation, law enforcement learned that Herran became acquainted with Alzugaray and Torner prior to the summer of 2015. Subsequently, Alzugaray and Torner became disgruntled with Herran and their displeasure with Herran eventually escalated into a scheme to kill Herran. 

Investigators also learned that in the fall of 2015, Herran was shot, his body dismembered and discarded in the Lehigh River, and other incriminating evidence was burned in a pit—which all occurred on a property owned by Torner.

Since 2015, investigators conducted multiple interviews with cooperating witnesses, executed search warrants, collected forensic evidence including blood samples and bone fragments from the suspected site of Herran’s killing and dismemberment, as well as seized cutting instruments used to dismember Herran’s body and the possible murder weapon itself—a .22 High Standard Model R-100 revolver identified by a cooperating witness as being in the possession of Alzugaray on the day of Herran’s disappearance. 

“All parents dread the day when the phone stops ringing and their child’s voice is silent,” said District Attorney Salavantis. “For almost five years, Virginia Rodriguez has not changed her phone number hoping that one day it would ring again and her son, Jose, would apologize for missing her last five birthdays. Unfortunately, that call will never come, but today, we take the first steps to ensure that the people who callously killed her son will answer for their crime and for what they have stolen from Virginia Rodriguez and the rest of Jose’s family and friends.”

This investigation and the subsequent criminal charges resulted from the collaborative efforts of federal, state, and local law enforcement agencies. D.A. Salavantis praised the thorough investigative work of the Pennsylvania State Police Troop N—Hazleton, the Luzerne County District Attorney’s Office Detectives Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Weatherly Police Department, and the New York Drug Enforcement Task Force comprising agents and officers of the U.S. Drug Enforcement Administration, the New York City Police Department and the New York State Police. Deputy District Attorney Daniel E. Zola and Assistant District Attorney Drew P. McLaughlin will prosecute the case.

“The dogged investigation by local, state, and federal law enforcement into the disappearance of Jose Herran uncovered the heinous crimes committed by the two defendants,” said Special Agent in Charge Donovan. “The fact that these charges have been brought, and knowing Jose’s killers have been arrested, will hopefully bring some solace to the Herran family. I applaud the collaborative work by our law enforcement partners throughout this five-year investigation.”

“I want to commend all of the agencies involved for their tireless efforts to find justice for grieving family and friends, and hold two murderous individuals accountable for their actions,” said Superintendent Corlett. “This case would not have resulted in an arrest without the ongoing collaboration and cooperation of law enforcement at local, state, and federal levels.”

“The disappearance and death of Jose Herran was never forgotten by the agents and NYPD officers who investigated his murder,” said Commissioner Shea. “More than four years later, these arrests are a reminder of our continuing commitment to justice,”

“The people of Luzerne County need to know that there is no such thing as a ‘cold case’ to us,” said D.A. Salavantis. “We never stop digging, we never abandon victims and their families, and we never stop seeking the truth and demanding justice.”

A criminal complaint contains only allegations. All persons charged with a crime are presumed to be innocent unless and until they are found guilty in court.