BENTON COUNTY, ARKANSAS, Ark. — A man who was shot by an Arkansas State Police (ASP) trooper during a traffic stop in July made his first court appearance on Sept. 23.
This court date comes after ASP released dashcam footage of the arrest and announced Trooper Alexandria Duncan was cleared of any wrongdoing on Sept. 18.
Angel Zapet-Alvarado, 26, pleaded guilty to driving while intoxicated and reckless driving. He was sentenced to 58 days, which is time he's already served since his arrest on July 27.
"That's actually exponentially greater than what people typically serve for a first-time DWI, and certainly for reckless driving," Benton County Prosecuting Attorney Josh Robinson said.
Although Zapet-Alvarado already served his sentence for the misdemeanors, he is still in custody for Homeland Security's investigation. He is also required to enroll in a drug and alcohol safety educational program and complete the program within 180 days.
When asked why Robinson did not pursue any charges against Zapet-Alvarado for the struggle between him and the trooper, he said he evaluated Zapet-Alvarado's case in the same way he determined not to pursue charges against Trooper Alexandria Duncan.
"The charges I ended up filing were the charges that I was confident that I could convince a jury beyond a reasonable doubt, that the evidence supported those things, and I was confident that I would get a conviction on those," Robinson said. "I do think that I could have, in good faith, charged him with other crimes."
Attorney Aaron Cash with the Herrera Law Group NWA said he still believes the trooper used excessive force, and he is currently evaluating whether they have a case against ASP.
"I believe he was defending himself from the moment that the trooper yanked the door open and went hands-on within a couple of seconds and then tased him around 13 times, punched him in the face, choked him, and shot him in the head," Cash said.
Robinson said the evidence is not available to pursue that kind of charge against Duncan.
"If I had been convinced of excessive force, I would have appropriately filed a criminal charge against Trooper Duncan, and I didn't do that," Robinson said.
Cash said Zapet-Alvarado is relieved that this part of the case is over. Cash said he is also representing Zapet-Alvarado for his immigration hold.
"Mr. Zapet is relieved to have this part of the case over with," Cash said. "He does have some other things that he's got to address coming forward with his immigration status. He is married to a U.S. citizen ... With immigration, we plan to file for his permanent residency status, which allows someone to stay here in the United States."
In the meantime, Zapet-Alvarado will still be in jail until he is granted a bond.
"If immigration is willing to give him a bond here, then he could be released here," Cash said. "If not, we'll see an immigration judge who can decide to issue a bond for him, and then hopefully he'll be able to pay that be released while his residency case is being processed."
Judge Brad Karren told Zapet-Alvarado that his guilty plea could impact his immigration status. However, Cash said he doesn't anticipate it impacting his pursuit of becoming a U.S. citizen.
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