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Man accused of being 'Most Wanted' killer is set free after DNA shows he was the wrong man

After a 16-year search, the Los Angeles Police Department held a news conference this summer to announce it had captured a murder suspect on the department’s “Most Wanted” list.

A woman had recognized his face after she logged into the wanted section of the LAPD’s website and called a tipster hotline, authorities said.

Guillermo Torres was arrested in late July because police thought he was the suspected killer, Samuel Calvario.

Torres, officials said, had adopted a new identity to evade police. But Torres was cleared Thursday after DNA testing determined he was not Calvario, the man sought in the Nov. 9, 2000, killing of 31-year-old Daniel Felix.

Torres, 45, the father of an adult son, spent 17 days in custody after being arrested at his workplace in Los Feliz.

“This was an innocent family man. This was a real tragedy and nightmare. This could have been anyone, and they never really verified his identity,” said Torres’ attorney, Leonard Levine.  “This should have never happened. They even held a press conference to announce his arrest and told people he’d been living a double life.”

Capt. Andy Neiman, a spokesman for the LAPD, said the department is “still actively investigating this case.”

Torres was arrested for the killing on July 25 and held in lieu of $2 million bail.

Levine said the police report shows that the department took a photo of Calvario and had the FBI use technology to age it to compare with Torres’ image to confirm his identity.

Police say Felix was killed late one night after he witnessed Calvario arguing with his girlfriend inside a white truck. Felix intervened in the dispute and Calvario became angry, pulled out a gun and shot him, according to authorities.

With the help of Torres’ two employers, who believed he was an innocent man wrongly identified, Levine was hired to defend Torres.

“I knew within five minutes of meeting him, he didn’t do it. For starters, he was married five years before the killing and lived a completely different life to the suspect,” Levine said. “He is not even the same height.”

Levine said the DNA proved vital because Calvario and his girlfriend had a child together, allowing for a DNA comparison to Torres.

As doubt grew that the man in county jail was the accused killer, a judge ordered Torres’ release with electronic monitoring.

On Thursday, Los Angeles Superior Court Judge Sergio C. Tapia II told him, “You are discharged from this matter.”

Contact the Homicide Report. Follow @latimeshomicide on Twitter.

Photo: LAPD's "most wanted" listing for Samuel Calvario Credit: Los Angeles Police Department

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