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Guard towers loom over the administrative maximum security facility, the highest security area at the Federal Prison in Florence, Colo.
Guard towers loom over the administrative maximum security facility, the highest security area at the Federal Prison in Florence, Colo.
Kirk Mitchell of The Denver Post.
PUBLISHED: | UPDATED:

A man on trial in the first-ever killing at the “Alcatraz of the Rockies” testified that he threw a few punches and kicks at a Mexican Mafia leader only after his life was threatened.

Manuel “Tati” Torrez allegedly threatened to take the shoes “and I’ll take your (expletive) life,” according to testimony on Thursday by Silvestre “Chikali” Rivera in federal court.

Rivera is accused along with Richard “Chuco” Santiago of beating Torrez to death in an exercise yard at Administrative Maximum U.S. Penitentiary, or ADX, in Florence on April 21, 2005.

Rivera, wearing a striped dress shirt and gray slacks, described saving the life of Mexican Mafia leader Peter “Sana” Ojeda from a knifing by fighting off the attacker.

“I hit him with a folding chair and broke his arm,” Rivera testified.

Rivera explained why, years later, he pummeled a cellmate — an infraction that led to Rivera’s transfer to ADX on April 5, 2005.

“Because he was farting inside the cell. He thinks it’s funny. He was laughing. Yes, I beat him…,” Rivera replied heatedly to a question from prosecutor M. J. Menendez.

When Rivera met Torrez on the yard at ADX, the gang leader was cordial. But after Torrez asked whether another inmate who happened to be Torrez’s mortal enemy was at ADX, Rivera said yes and added that the other man was his good friend.

Under cross examination, Rivera struggled to explain why he wouldn’t expect retaliation after admitting friendship with a man who had put a hit out on Torrez. Rivera replied that it never crossed his mind. However, he admitted that he knew of their lethal rivalry.

Around 7:40 a.m. on April 21, 2005, Torrez made his threat in the ADX yard, Rivera testified. He said he bided his time because if he attacked the powerful gang leader, others in the yard would kill him.

Unexpectedly, Santiago, a friend he had met at another prison, tried to get Torrez to back down, which infuriated Torrez.

“‘I’ll have both of you killed.’ He yelled it,” Rivera testified, referring to Torrez. At that point, Santiago charged Torrez.

“Once Torrez threatened Santiago I wasn’t afraid any more. … It was OK for me to get involved,” Rivera testified. He joined the attack. “I have to stop that threat. It was a threat to my life. … I threw three punches to his body. I kicked him in the lower part of his legs until he went down.”

Rivera said Santiago pulled him away from Torrez at that point and said, “That’s it.”

Under cross examination, when asked whether he could be seen on videotape laughing while Torrez lay motionless across the yard, Rivera didn’t reply. Under re-direct, he denied laughing.

In reply to a prosecutor’s question, he explained why he would never tell authorities about such a threat.

“I’m not a rat. I’m not a snitch,” Rivera insisted.

“You’re a man?” Menendez asked, implying that was also a reason.

“I’m a man, yeah,” he replied.