Copyright © 2021 Roswell Daily Record
Copyright © 2021 Roswell Daily Record
A Roswell man has been charged with sexually assaulting the 12-year-old daughter of his former girlfriend.
David Hugo “Spooky” Rivera, 41, is charged with two first-degree felony counts of criminal sexual penetration in the first degree (child under 13), two second-degree felony counts of criminal sexual contact (child under 13), a third-degree felony charge of bribery or intimidation of a witness, and a third-degree felony charge of abuse of a child.
According to court records, Roswell police initiated an investigation in early May after a Sierra Middle School girl disclosed at school she had been sexually assaulted. The girl told police that her mother’s boyfriend, Rivera, had done “adult things” to her, mostly in the summer of 2015 before she entered the sixth grade.
A court-appointed special advocate conducted an interview with the girl in early May, when she said Rivera had tried “doing nasty things to me.” She said she awoke one morning and Rivera was placing his genitals against her face. She said Rivera did the same thing again in the school year when she was in sixth grade.
The girl also said Rivera once held her down, lifted up her clothing and rubbed her chest.
After talking to police further, the girl reported two other alleged sexual assaults.
She said Rivera had lied down in her bed and touched her genitalia on two different occasions, including once during the summer before her sixth-grade year.
The girl said she told her mother about the alleged sexual assaults, and her mother said she would call police, but never did. When asked by police if Rivera had shown her pictures of nude people, the girl said Rivera had shown her a nude picture of her mother.
“She said she asked him why he would do that and he just laughed,” court records state.
When interviewed by police in early May, the girl’s mother said she had not lived with Rivera for about a year, and they had been together for seven years.
The mother said her daughter had told her about one of the alleged sexual assaults.
“(The mother) advised she believes her daughter may be lying to get out of any trouble she might be in,” court records state. “(She) said she doesn’t know if she wants to believe her or not, so she just dropped the conversation.”
Court records also state the mother told police she had sent Rivera a nude photo of herself.
Interviewed again by police in mid-May, the girl said she had not told anyone other than her mother of the sexual assaults because she doesn’t like talking about the incidents. The girl said she only told her mother about one of the alleged assaults, when Rivera allegedly groped her chest.
“(S)he stated she was embarrassed and afraid,” court records state.
The girl also said she had been intimidated by Rivera in the past. Police said 911 records show officers were dispatched to the girl’s home five times between September 2014 and May 2016 regarding family arguments, including once when Rivera allegedly choked the girl. Rivera was charged in June 2016 with battery against a household member, but the charge was dismissed by prosecutors in April 2017.
“(She) said in the past (Rivera) has told her he will send someone to go to her school and beat her up,” court records state. “(She) said she has told me everything that has happened and she feels relieved to get everything out.”
Police said they attempted to interview Rivera on multiple occasions, but had negative results.
Rivera appeared for a bond reduction hearing May 31 before Magistrate Judge K.C. Rogers, who declined to release Rivera on his own recognizance. Rivera is being held at the Chaves County Adult Detention Center on a $50,000 bond.
“The court finds that release on personal recognizance or execution of an unsecured appearance bond will not reasonably ensure the appearance of the defendant and/or will endanger the safety of another person or the community,” states Rogers’ order.
Rogers on May 31 also ordered the case bound over to district court.
Rivera pleaded guilty in Fifth Judicial District Court in September 1996 to a second-degree felony charge of distribution of a controlled substance. He was sentenced to four years in prison, with two years of parole. He was placed on probation, but his probation was revoked in August 1997.
Rivera also pleaded guilty in Chaves County Magistrate Court in 2010 to a charge of driving while under the influence of liquor and/or drugs.
Interim editor Jeff Tucker can be reached at 575-622-7710, ext. 302, or at firstname.lastname@example.org.