Man charged with taking weapon could take plea
Tuesday’s hearing for the 41-year-old man who allegedly took an officer’s weapon during a physical altercation in June was continued until next month, at the request of his attorney in Yuma County Superior Court.
Attorney Raymond Vaca of the Yuma County Public Defender’s Office, who represents Ralph Sivyer, made the request for a twoweek continuance while providing the court with an update on the status of the case.
Vaca explained that he recently received a plea offer from the prosecution, but has not had an opportunity to discuss it with his client. He added that he has a video that he wants to review with Sivyer, who is now out of custody after posting bond.
Sivyer has been charged with aggravated assault on a police officer, aggravated assault, control over a police officer’s firearm, theft, possession of a weapon by a prohibited possessor and resisting arrest.
When asked by Superior Court Judge Rouff, who is presiding over the case, for its position on the matters, prosecutor Tom Varela of the Yuma County Attorney’s Office said the state did not object to the defense’s requests.
He added that while the state does not intend to withdraw from the plea offer, the prosecutor was requesting a trial date be set during this hearing.
After listening to both counsel, Rouff granted the defense’s request for more time and ordered that the next hearing be for setting a trial date or for a change of plea, setting it for 8:30 a.m. on Nov. 22. According to Yuma police, the alleged incident happened at about 11:10 p.m. on June 1, as officers were attempting to locate Sivyer. He was wanted on multiple felony charges from prior cases at the time. Sivyer, who police say is a prohibited possessor and known to carry, was eventually located in the 2000 block of South 11th Avenue. When officers approached him, he took off and ran to his vehicle. Officers attempted to remove Sivyer from his vehicle, and during the altercation, police say he was able to get a hold of an officer’s duty weapon and drive away with it in a 1999 black Nissan Maxima. The duty weapon is an Smith & Wesson M&P 9 mm handgun.
The two officers involved in the incident were also hurt.
Sivyer, who was considered armed and dangerous, was finally arrested at approximately 12:15 p.m. on June 21 after a Yuma Sector Border Patrol agent spotted him in the area of Dome Valley trying to sneak past the immigration checkpoint on Interstate 8.
An agent followed the vehicle until it pulled off the road on Interstate 8 east of Telegraph Pass in the eastbound lane. When the agent came back around, he saw that the vehicle was unoccupied.
After waiting for backup to arrive, agents began searching the area and found Sivyer about 100 yards off the roadway. He was taken into custody without incident and turned over to the Yuma police by the Department of Public Safety.