Officer assaulted in his own home
A Magdalena man is in custody after being charged with four felonies and six misdemeanors in connection with a vehicle accident, a domestic dispute and a home invasion on Sunday, March 9.
According to a criminal complaint dated March 12, Timmy Leyba, 22, of Magdalena, was arrested on the following felony charges: aggravated burglary committing battery, aggravated battery with use of a deadly weapon, aggravated battery causing great bodily harm, aggravated assault against a household member with a deadly weapon; and on misdemeanors: interference with communications (obstructing the sending of a message), leaving the scene of an accident involving damage to vehicle, two counts of battery and two counts of criminal damage to property less than $1,000.
The criminal complaint stated that in the evening of March 9, Leyba caused a 1997 Ford pickup driven by Darren Avalos he was a passenger in to run off the road by grabbing the truck’s steering wheel. The truck ran through a fence and crashed into the concrete steps of a house at 507 Pine Street.
After the vehicle came to a stop, Leyba walked to where Avalos was lying on the ground and kicked him on the left side of his head, causing severe injuries, according to the criminal complaint. Avalos was subsequently airlifted to UNM Hospital.
Leyba then walked to his home on 4th Street. According to statements in the criminal complaint, Leyba proceeded to lock his father, Raymond Leyba, outside the home and took a cell phone away from Tina Salazar by biting her finger when she tried to call 911.
According to statements, Leyba then grabbed a silver fireplace poker and struck Salazar on her head and forearm.
While this was going on, Raymond Leyba tried to re-enter the home through a bedroom window, but Timmy Leyba struck him on his head and both forearms with the poker.
According to Marshal Larry Cearley, Timmy Leyba went to the Cearley home on 3rd Street and broke a back kitchen window, entering the home.
Once inside, Leyba got into a physical altercation with both Larry and Sarah Cearley, which resulted in injuries to both.
Leyba admitted to head butting Larry and “pushing Sarah in a rude, insolent and angry manner.”
The Cearley’s young daughter was also in the home at the time.
Leyba then left the Cearley home and, while walking back to his house, was detained by an innocent bystander until officers arrived and took him into custody.
Injuries sustained by the victims of this incident required hospital treatment.
Leyba’s arraignment date in Magistrate Court had not been scheduled as of El Defensor Chieftain press time on Wednesday.