May 17--An Otero County jury found a 23-year-old Chaparral man guilty Friday in 12th Judicial District Court of fourth-degree felony battery on a peace officer.
Isaac Rafael Cuevas is scheduled to be sentenced later this year. Cuevas is facing a maximum possible sentence of 18 months in prison and a maximum fine of $5,000.
Jurors originally came back deadlocked 6-6 after 35 minutes of deliberations, but the jury went back into deliberation and returned with a guilty verdict around 6 p.m. Friday.
Representing the state, deputy district attorney Peter S. Burns said the state is happy with the jury's verdict.
"The state was pleased with the outcome and believes that the jurors reached the right decision," Burns said. "Just because an individual wears a uniform and a badge, nobody has the right to batter a police officer."
During testimony in the one-day trial, it was revealed that Otero County Sheriff's Office deputies were called to a domestic dispute at a residence in the 200 block of Heavens Way in Chaparral around 9 p.m. Nov. 14, 2009, involving Isaac Rafael Cuevas, who was 21 at the time.
When OCSO deputies arrived at the residence, they learned Cuevas had left the area, but deputies obtained a description of Cuevas, according to testimony during Cuevas' trial.
During the one-day trial, a deputy testified that he found Cuevas at a residence in the 200 block of Devine Way and questioned him about the incident at the residence on Heavens Way.
While the deputy was performing a background check on Cuevas' California license through OCSO dispatch, Cuevas started verbally calling the deputy names and took an aggressive stance, according to testimony.
The deputy attempted to put Cuevas in handcuffs because of his aggressive nature, but while the deputy was doing a pat-down for possible weapons, Cuevas hit the deputy with his arm and dazed him. Deputies were able to handcuff Cuevas, according to witness testimony during the trial.
Cuevas contended during his trial that he slipped off the pavement and onto the ground, but deputies countered in their testimony that Cuevas was standing on level ground.
Evidence presented during the trial indicates Cuevas first told deputies that he drank six beers, but then told them he drank three beers and two shots of tequila.
Contact Duane Barbati at [email protected].
Copyright 2012 - Alamogordo Daily News, N.M.
