ALBANY – A Schenectady man faces a federal weapons charge after DNA linked him to a gun found in a bag during an assault investigation, federal prosecutors say.
Elijah Torres, 30, was indicted earlier in January on one count of possession of a firearm by a prohibited person. He appeared in court and was ordered held, federal prosecutors said this past week.
Torres is accused of possessing a loaded 9mm pistol March 18, 2020 in Schenectady, prosecutors said.
The case stems from a report of a reported assault where Torres told authorities he’d been involved in a fight with an unidentified man who pulled out what appeared to be a firearm and hit Torres in the face with the gun, according to an affidavit filed in the case.
Police went to the location that Torres reported that the assault took place and spotted blood on the ground. Police also found a black checkered pattern bag with a unique design and inside the bag, they found the 9mm pistol, the affidavit reads.
Investigators then obtained surveillance video from a convenience store where he’d made a purchase just prior to the incident and spotted Torres wearing the same bag in the store.
Torres then told investigators that the bag belonged to him, but said that it was empty when Torres last had it. Investigators then obtained Torres’ DNA from a swab with his consent and processed the firearm for DNA and lab results confirmed Torres’ DNA was on the firearm, the affidavit reads.
The affidavit did not provide further information on the assault allegations.
Torres was previously convicted of burglary and assault a decade ago, prohibiting him from possessing a firearm. He was released from prison to parole Feb. 12, 2020, the affidavit reads.