A man who had a rape charge dismissed in September as part of a plea agreement may have violated his probation over the weekend when he was picked up for DUI.
Juan Lopez, 26, of Ohkay Owingeh Pueblo, received a three-year suspended prison sentence Sept. 11, 2009, after having a charge of criminal sexual penetration reduced to child abuse. The charge stemmed from an allegation that he raped his 7-year-old stepdaughter May 22, 2007, near the Rio Grande, according to court documents. Then-assistant district attorney Kathryn Thwaits has said the plea deal was offered after Judge Sheri Raphaelson excluded crime scene photographs from evidence.
Thwaits had said if Lopez was arrested again he could face 12 years in prison because of the child abuse conviction and a 2008 conviction for trafficking of a controlled substance.
Lopez was arrested Sunday on charges of DUI, resisting or obstructing an officer and several traffic violations. Cynthia Hill, the assistant district attorney in charge of the Rio Arriba office, said she hadn’t yet received a report on Lopez’s violation.
“In general if someone violates their probation, they’re placed in jail until they have a hearing in front of Judge (Sheri) Raphaelson,” Hill said. “The state can argue for incarceration, the defense can ask for whatever they think is appropriate, and the judge can make a decision according to what the facts of the violation are.”
A police report tells the story of Lopez’s latest arrest:
Around 2 a.m. Sunday Española Police officer Ronald Sanchez noticed a Pontiac Vibe swerving back and forth over the center line on State Road 68. The car allegedly turned onto Calle Chamisal and accelerated to elude Sanchez when he signalled for it to stop. At the parking lot of Santa Clara Apartments, the driver stopped and ran toward the apartments, but Sanchez grabbed him, while the driver swung his fists and punched Sanchez’s shoulder. The driver, later identified as Juan Lopez, told Sanchez, “I’m drunk, just give me a DWI, I admit it.” Lopez said he drank “three fifths and about a 30 pack” and shot up heroin about 30 minutes before Sanchez tried to pull him over.
Española Police Lt. Christian Lopez, who investigated the rape case, said he wasn’t surprised to hear Juan Lopez already violated his probation.
“Maybe (an assistant district attorney) will take it before the judge and say obviously (Juan Lopez) didn’t learn his lesson,” Sgt. Lopez said. “Maybe he’ll take the probation serious now. It doesn’t matter if it was for jaywalking; I’m glad he’s in jail.”