WORTHINGTON - Nicholas J. Rivas, 18, was sentenced Friday in Nobles County District Court to the mandatory minimum of 60 months in prison for possessing a firearm after being adjudicated delinquent for a crime of violence, a felony.
The first 40 months are set to be served in prison, with the remaining 20 months being supervised release. Due to Rivas’ young age, Judge Gordon Moore requested he be separated from the adult population and be placed with youthful offenders, as well as be part of the state’s rehabilitative Challenge Incarceration Program.
Rivas pleaded guilty in June to unlawfully possessing a 12-gauge shotgun, which was stolen from a Worthington home along with other items during a Nov. 24, 2017 burglary. Felony burglary charges were dropped in accordance to his guilty plea.
Rivas was not allowed to possess a weapon because he was adjudicated guilty in October 2017 of fourth-degree assault of a peace officer in relation to causing a scene and spitting at a police officer - considered a crime of violence under Minnesota State Statute - during the 2017 Worthington Windsurfing Regatta and Music Festival.
Rivas’ defense attorney, Amanda Delaney, had asked the court for a departure from the 60-month sentence in favor of probation, citing the fact that Rivas committed the crime just five days after he turned 18 and legally became an adult, making the charges far more severe.
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Delaney said the offense of spitting at a police officer is certainly wrong, but not truly a violent offense. If he had spit on anyone else, according to state statute, the penalties of unlawful gun possession would have been significantly less, she said.
Delaney added that Rivas had become amenable to treatment and improved his behavior during his time in Nobles County Jail, and that prison would be ineffective in helping him turn his life around compared to treatment. She also argued there was no evidence Rivas was connected to the burglary, only that he kept stolen items in his room because his friends asked him to.
Moore said it was a hard case to judge, due to Rivas’ young age, but argued the defense had not provided enough proof that he is amenable to probation, citing the fact that Rivas violated his pretrial release when he caught keeping the shotgun and other stolen items in his room.
Moore recalled speaking to Rivas when he was being sentenced for assault in juvenile court, telling Rivas that if he didn’t change his ways, he would be facing real trouble.
“It didn’t take long, unfortunately,” Moore said, noting the burglary happened less than two months after Rivas’ sentencing.
Moore said the Challenge Incarceration Program, or “boot camp” would be exactly the kind of structure Rivas needs, and has never had, in his life.
