Two men were arrested and another was cited following an incident that included booze, the firing of a gun, a shirtless man and the use of Tasers.
Robert Chavez, 46, told Española Police he fired a gun to scare away people who were attacking his son, Adolfo Chavez, 26, of Vallecitos, following a drunken party May 6. A citation against Chavez was dismissed in Española Magistrate Court by prosecutors who intend to re-file the case in magistrate court, staff with the municipal court clerk’s office said.
Another man, Manuel Sanchez, 29, of Santa Cruz faces two felonies after allegedly fighting with officers and being subdued with a Taser, according to a police report.
The reports tell the following story:
The incident began May 6 at 11:12 p.m., when officer George Martinez and Sgt. Rick Martinez were dispatched to the Fairview Lane home of Robert Chavez after receiving a report of shots fired in the area.
Officers immediately found trouble at the home where they were confronted by Manuel Sanchez, who was grinding his teeth and clenching his fists while telling officers “no one explicate with me.”
He was placed in custody and put in Sgt. Rick Martinez’s cruiser, where he attempted to kick out the windows. Rick Martinez told Sanchez’s girlfriend that he would be taken in to be detoxed.
Rick Martinez wrote in his report that the kicking began again as he was taking a video statement. After telling Sanchez to stop several times, Rick Martinez deployed his Taser. After continuing the investigation, he heard noise again and opened the back door to his cruiser and saw that Sanchez was poised to kick him. The sergeant used the Taser again for a five second shock.
Police then encountered another intoxicated person, Adolfo Chavez, who was running shirtless outside the residence. Adolfo Chavez was placed in handcuffs, but eventually released to his father, Robert Chavez, who promised to put him to bed. Robert Chavez told officers there were “a lot of other guys” in the neighborhood who wanted to fight his son.
As the police were searching for shell casings, a neighbor, Tabatha Ann Vigil, told officer Martinez that Robert Chavez had fired the gun that led to the original 911 call. Police returned to his home where they heard sounds of commotion inside. Police got the attention of Robert Chavez by using a microphone intercom on a police unit.
Robert Chavez said his son was destroying his house and he asked police to help stop him. Adolfo Chavez was placed in restraints again and was maced was charged with resisting an officer and disorderly conduct in Rio Arriba County Magistrate Court, according to Sgt. Martinez and the court clerk’s office. His arraignment hearing in the case is scheduled for June 2 at 1 p.m.
Robert Chavez told police he fired a pistol twice into a tree to stop people who were beating his son. The report does not specify how many people were attacking the Adolfo Chavez or provide their identities. George Martinez said police got permission from Robert Chavez’s landlord, J.R. Trujillo, to search the home. Police did not find a pistol, but took a .22 caliber bolt-action rifle and a 30-30 lever-action rifle.
George Martinez gave Robert Chavez a citation for negligent use of a deadly weapon. That citation was to be heard in Española Municipal Court, according to clerk staff, but was dismissed by the District Attorney’s office, which intends to re-file the case in Rio Arriba County Magistrate Court. Calls to the District Attorney’s Office regarding the case were not returned.
Rick Martinez transported Sanchez to the Española Jail, where he requested medical attention for gout and heroin withdrawal. He was taken to Española Hospital where he yelled at staff and refused medical attention, the report states.
Back at the jail, Rick Martinez accused Sanchez of spitting in his face, which the sergeant said was battery on a police officer. The report states Sanchez kicked the door to his holding cell until the locking mechanism broke. The damage was estimated at $1,000, according to the report.
According to an online court records database, Sanchez was charged with battery upon a peace officer and criminal damage to property in excess of $1,000. It also lists two charges of disorderly conduct, one charge of resisting or obstructing a police officer and one other charge of criminal property damage.
Española Police Lt. Christian Lopez said Adolfo Chavez was not seriously injured in the beating and it will be up to the District Attorney’s Office whether to file charges against Robert Chavez, who may have fired the gun to get the beating to stop.
“It seems like the party got out of hand,” Lopez said.