A Tucumcari man went to state prison for five years after he pleaded guilty to three felony charges and two misdemeanors after being accused of shooting at city police officers during an attempted traffic stop two years ago.
District Judge Albert Mitchell Jr. also gave Lawrence Rivas, 28, a nearly 8 1/2-year suspended sentence and five years of supervised probation. Rivas was given credit for 192 days in the county jail, according to online court documents.
Rivas received additional prison time due to his history as a repeat offender, including convictions in 2021 for breaking and entering and aggravated battery with a deadly weapon.
Rivas pleaded guilty to two felony counts of aggravated assault upon a peace officer with a deadly weapon, one felony count of abuse of a child (no death or great bodily harm) and two misdemeanor counts of aggravated battery against a household member .
Charges of first-degree kidnapping and aggravated fleeing a law enforcement officer were dismissed under a plea deal.
Rivas must successfully complete a residential drug abuse program in prison. If he doesn’t, he must complete a six-month inpatient substance abuse program while on probation.
He must undergo one year of counseling and a batterer’s intervention program, plus pay more than $500 in fees.
According to an affidavit filed by a New Mexico State Police investigator, Tucumcari police officers Justin Garcia and Santo Saenz on Nov. 11, 2021, saw Rivas near the Lowes Market. Rivas was wanted on a warrant after being accused of cutting off his ankle monitor.
The officers saw Rivas get into the passenger side of a vehicle driven by a woman. As officers tried to make a traffic stop on West Tucumcari Boulevard, the driver tried to evade them by turning onto different streets.
The affidavit stated the driver of the vehicle later said she had two small children in the vehicle and was “terrified” of Rivas, who would not let her stop for police.
The pursuit ended when the vehicle stopped in the 500 block of South Sixth Street.
“Mr. Rivas exited the front passenger side and dropped what appeared to be a small black handgun,” the affidavit stated. “Mr. Rivas then brandished another handgun and fired at least one shot at Officer Garcia and Officer Saenz while running” between two residences.
Garcia and Saenz returned fire several times, striking the side of a residence in that block. No one was struck by the bullets.
Rivas continued to run, jumped over a backyard fence, ran through an alley and to the corner of another residence. He doubled back through an alley and jumped into a backyard, where he laid on the ground and surrendered.
A state police investigator saw a bullet hole in the rear reflector light of the police vehicle and several bullet holes in the side of a house in that block, including one through a living room window.
The woman told officers she and Rivas had argued several days before and that he had cut off his ankle monitor and damaged her home’s interior. She said she always had been afraid of Rivas and that he physically abused her.