LAS CRUCES – An 18-year-old man who was shot five times by a Sunland Park police officer during a domestic violence incident in December is seeking compensation from Sunland Park officials for damages under New Mexico’s Tort Claims Act, according to the man’s attorney.

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Sunland Park resident Rafael Abraham Cervantes, who has been charged in a 25-count indictment in connection to the Dec. 27 incident, claims he has suffered person injury and emotional distress as a result of the officer’s alleged excessive force.

A letter outlining the alleged violations was sent to Sunland Park officials on March 24 by Las Cruces attorney Peter Giovannini, who is representing Cervantes in both criminal and tort matters. The Sun-News obtained a copy of the letter late last week.

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According to the letter and court documents, Cervantes was involved in an alleged kidnapping incident at a residence in the 800 block of Cedar Park Avenue.

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The indictment alleges Cervantes threatened a woman with a knife during an altercation. It further alleges that his mother and sister “tried to intervene,” but the two were injured by Cervantes during the process. He also is accused of holding several family members, including children, hostage in the home and “threatened to kill them.”

Sunland Park police were dispatched to home around 10:30 p.m.

In Giovannini’s letter, he wrote that when officer Jude Mike Vega arrived on the scene, he fired “several rounds” at an unarmed Cervantes, his wife and 4-month-old daughter, while they were seated in Cervantes’ vehicle. Cervantes also was shot at as he attempted to flee.

Cervantes was shot five times, Giovannini said. One of the shots, which entered his “left eye area,” then crossed his “entire cranial area” and exited his lower right skull, has been described as “potentially lethal.”

Cervantes was hospitalized for about a month at an El Paso hospital and had to undergo two surgeries, according to Giovannini. He said Cervantes may never fully regain his eyesight or hearing, and added that his wife and daughter “sustained severe emotional distress” during the incident.

“First of all, we’re seeking justice for Rafael and his family,” Giovannini said. “We’re asserting that Rafael never advanced on the officer, and that the officer had less-lethal means with which to subdue Rafael, which were never utilized.”

Giovannini’s tort letter also accuses the city of Sunland Park of negligently hiring and supervising Vega, who was cleared last month of wrongdoing by the 3rd Judicial District Attorney’s Office.

“We hope that the tort claims notice will actually get them (Sunland Park officials) into a dialogue about a fair and reasonable settlement,” Giovannini said. “If that doesn’t happen, we’ll file a lawsuit and take it to court and let a jury decide.”

Giovannini did not elaborate on the settlement figure he would be seeking on behalf of Cervantes.

When reached by phone Tuesday afternoon, Sunland Park Mayor Javier Perea said he had received a copy of the tort notice, but couldn’t comment on pending litigation.

Cervantes was indicted Feb. 18 by a grand jury in Las Cruces District Court. He was charged with first-degree kidnapping, multiple counts of child abuse and aggravated battery with a deadly weapon, as well as false imprisonment, criminal damage to property and aggravated fleeing a law enforcement officer, according to an indictment.

Cervantes was arraigned March 7 before District Judge Douglas Driggers. He pleaded not guilty to the charges, Giovannini said. He was taken into custody during the arraignment after the judge set a $50,000 secured bond. He remains jailed at the Doña Ana County Detention Center.

Last week, a District Court judge denied a motion for a medical furlough that would have allowed Cervantes to travel to El Paso for medical appointments, Giovannini said. The judge, however, is reconsidering the motion, according to Giovannini.

No other court hearings have been scheduled.

Carlos Andres López can be reached 575-541-5453, carlopez@lcsun-news.com or @carlopez_los on Twitter.

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©2016 the Las Cruces Sun-News (Las Cruces, N.M.)

Visit the Las Cruces Sun-News (Las Cruces, N.M.) at www.lcsun-news.com

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• A White House speechwriter who was fired in 2018 for meeting with white nationalists has been rehired to join an agency that oversees US Holocaust memorials abroad.
• President Donald Trump appointed Darren Beattie to join the board of the Commission for the Preservation of America's Heritage Abroad on Wednesday.
• The White House had fired Beattie after CNN reported that he had appeared on a panel with white nationalist Peter Brimelow in 2016.
• Jonathan Greenblatt, CEO of the Anti-Defamation League, said in a statement: 'It is absolutely outrageous that someone who has consorted with racists would even be considered.'
• Beattie told The New York Times: 'I consider it an honour to be attacked by the far-left ADL and its disgraced leader.'
• Visit Business Insider's homepage for more stories.

A former speechwriter for President Donald Trump, who was previously fired for attending a meeting of white nationalists, has been given a new role to help oversee memorials commemorating the Holocaust genocide.

Trump nominated Darren Beattie to become a board member of the Commission for the Preservation of America's Heritage Abroad, the White House said in a Wednesday statement.

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The body was founded in 1985 and is tasked with seeking out, and overseeing, the preservation of overseas sites related to the Holocaust.

Beattie was fired from his speechwriting role at the White House in 2018 after a CNN investigation found that he had attended a meeting with white nationalists in 2016.

Darren Beattie, former speechwriter to Donald Trump (right) appearing on Fox News with Tucker Carlson (left) in October 2020.

CNN found that Beattie spoke on a panel alongside Peter Brimelow, the founder of anti-immigration website Vdare, at a conferences hosted by the right-wing society the H.L. Mencken Club.

Video: A 'new form of cancel culture' is at work in US presidential election fallout (Sky News Australia)

The Southern Poverty Law Centre said Brimelow 'regularly publishes works by white supremacists, anti-Semites, and others on the radical right.'

After CNN's report was published, the White House asked Beattie to step down in August 2018, but he refused, and was subsequently fired, according to The Washington Post.

Jonathan A. Greenblatt, CEO of the Anti-Defamation League said in a statement: 'It is absolutely outrageous that someone who has consorted with racists would even be considered for a position on a commission devoted to preserving Holocaust memorials in Europe.'

Business Insider has contacted the White House for comment.

Then-Republican presidential candidate Donald Trump with his children, Donald Jr. and Ivanka, in 2016.

After The New York Times reported on the backlash to the appointment on Wednesday, Beattie attacked the story's author, Maggie Haberman, tweeting that she was a 'foot washer for Hillary Clinton.'

Beattie also told The Times in a statment: 'The ADL pretends to be an organisation that protects Jews, but it really exists to protect Democrats. As a Jewish Trump supporter, I consider it an honour to be attacked by the far-left ADL and its disgraced leader, Jonathan Greenblatt.'

Very proud to have the talented Dr. Darren Beattie helping our team as a Special Advisor for Speechwriting. Welcome on board!

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— Rep. Matt Gaetz (@RepMattGaetz) April 19, 2019

Nearly a year after his firing from the White House, Beattie was hired as an advisory speechwriter for Republican Party congressman Matt Gaetz.

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The White House hired Beattie to be a speechwriter after he wrote a series of pro-Trump while studying for a doctorate political theory at Duke University, according to The Daily Beast.