DA's victim advocate in domestic violence arrest

MONTROSE —  The district attorney has requested a special prosecutor to handle a domestic violence complaint lodged against one of his victim's rights advocates.

Eleasha Cervantes, 29, was booked into jail last week on suspicion of domestic violence and harassment. Her boyfriend, Ben Garcia, 33, was also arrested, on suspicion of domestic violence, false imprisonment and obstruction of phone services.

A judge ordered her immediate release from jail Sept. 4. According to a minute order in the file, the court "does not find probable cause to hold the defendant; therefore, the defendant is ordered released immediately."

Garcia is also free, on a $2,500 bond.

Cervantes was accused of inflicting a scratch on Garcia during an argument. According to the affidavit filed by the Montrose County Sheriff's Office, Garcia accused her of throwing a bag of chips at his head, then flinging CDs at him until he held her down on the floor in order to calm her.

He told the responding deputy that Cervantes would "work you so she doesn't get into trouble."

But Cervantes indicated to investigators that she was defending herself. According to the affidavit, she said Garcia followed her around their home and called her foul names after an argument, and that he was the one to throw the chips.

When she walked away, Garcia allegedly took her to the floor in the bedroom, "holding my wrists and hitting me with my hands," then covered her mouth when she started to scream.

She said she used her cell phone to call 911, but then decided dispatch didn't know what it was doing, and called her boss, District Attorney Myrl Serra.

According to the affidavit, Serra later told deputies he could hear Garcia threatening to "get" Cervantes for calling the cops.

In a motion filed Tuesday, Serra asked the court to appoint a special prosecutor from the Mesa County district attorney's office. In addition to employing Cervantes, he is also a witness in the case.

Serra could not comment Friday, including on how his office was handling victim's advocacy at this time, because of the rules that apply once a special prosecutor has been requested.

A hearing was set for 3 p.m. Oct. 15.

Garcia is due in court at 1:30 p.m. Sept. 29.