Driver of February car wreck declared an adult

by C.F. David

Anastacio Niavez, the 16-year old driver of a car allegedly stolen in Cactus, Texas on February 16, and wrecked southeast of Boise City, has been declared an adult.

Niavez faces ten different felony and misdemeanor charges ranging from felony assault and battery with a deadly weapon, (the car), a felony, and possession of alcohol by a person under 21 years of age, a misdemeanor. He is being held on a cash bond of $35,000.

According to court records, on February 16, 2006 , Cimarron County Deputy William “Chip” Jones received a call from Sherman County Texas authorities that a red compact car had been running people off the road while being driven erratically. The car was reportedly northbound into Oklahoma on Highway 287.

Jones, and Under Sheriff Larry Taylor proceeded south on Highway 287 and met the car about 11 miles southeast of Boise City . Jones clocked the vehicle on radar at a speed of 99 miles-per-hour. Taylor and Jones turned in pursuit. The driver failed to stop and the car ran off the road, striking a state highway sign near the Brown turn-off to Griggs.

According to his affidavit, Jones ordered Niavez from the car, and onto the ground. However, when an attempt was made to handcuff the subject he began to resist, including spitting on Taylor . It was, according to Jones, behavior that continued during an ambulance ride to Cimarron Memorial Hospital .

In a search of the crashed vehicle, Jones reported he found a bottle of Mad Dog 20/20 (Mogan-David) wine.

At Cimarron Memorial Hospital permission for a blood test was received and Niavez was determined to be intoxicated. Subsequent tests also indicated he was positive for marijuana.

Initially, eight charges were filed; assault with a deadly weapon, driving a motor vehicle under the influence, attempting to elude a police officer, transporting an open container of alcohol, possession of alcohol by a person under 21, driving left of center, driving without a license and careless driving.

Later two more charges were added, possession of a stolen vehicle, and prisoner placing body fluids, (spitting), on a police officer.

Niavez's attorney, Jim Loepp, has waived his client's right to a preliminary hearing and the application for certification as an adult.

The ten charges carry a potential combined jail time of just over 31 years, and possible fines of more than $10, 000.

An arraignment is scheduled for June.

Boise City News
P.O. Box 278
105 W. Main Street
Boise City, Oklahoma 73933-0278
Phone: 580 544-2222
Fax: 580 544-3281
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