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Defense seeks dismissal of one charge against accused Beaumont bomber

Jonathan Torres and his attorney were in federal court Tuesday afternoon.

BEAUMONT, Texas — A federal judge will have to decide whether to drop one of the three charges against the accused Beaumont bomber. 

Jonathan Torres and his attorney were in federal court Tuesday afternoon.

Torres is accused of setting off a bomb outside a Beaumont church and leaving a similar device outside a Beaumont Starbucks in April 2018. 

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His lawyer, Ryan Gertz, argues the church was identified as a location that participates in interstate commerce, making it a federal case. 

Gertz disagrees with that claim.

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"It's a complicated issue, it is not simple," Gertz said. "It is not straight forward and it is unique to federal law. This is not, this wouldn't have anything to do with a state case for example this wouldn't be an issue for a state case."

We do not know when the judge could rule on whether that charge should be dismissed or not.

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