Montrose - Daily Press

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."

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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.

Comments

Unsure wrote on Sep 21, 2009 9:37 AM:

" I am not sure why everyone is blaming the S.O. They made the arrest. They got her to the jail. At which time it becomes the D.A's problem. "




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watchfuleye wrote on Sep 18, 2009 4:32 PM:

" I see that the posts I posted in this did not get approved for comment. The daily press should not try and hide behind the fact that the Montrose County Sheriff's Office and the D.A's office are once again failing to do thier jobs. The S.O. can't complete an investigation and the D.A. cant tell the difference between what a crime is and isnt "




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falksyaccused-3 wrote on Sep 18, 2009 10:06 AM:

" . If there was probable cause then she should have held until she saw a judge.
Wake up people the Sheriff's office and the D.A.'s office are guilty of poor judgment and poor law enforcement.. The press is guilty of providing the public with false facts and trying people without them having the chance for a fair trial. Get a good attorney Ben. "




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falsyaccused-2 wrote on Sep 18, 2009 10:05 AM:

" The fact that Montrose County was involved in this investigation and are never held responsible for poor law enforcement investigations and the D.A still covers up for people that they dont want prosecuted but pursue charges against the other halves infuriates me. I have heard a comment once from a Montrose County Investigator that the good old boys are done and everyone is held accountable for thier actions. "




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falsyaccused wrote on Sep 18, 2009 10:01 AM:

" after reading this article it seems to be another case of the press printing things that came from the Montrose County Sheriff's Office. If Eleasha called the D.A personally that shows she was trying to get out of trouble. She got out of jail because the judge didnt see probable cause. I know of people that were held for four days against state law without bond tell they could see a judge. "




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ttt wrote on Sep 17, 2009 1:43 AM:

" how ironic it all is! "




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it all press talk wrote on Sep 15, 2009 5:42 AM:

" I personally do know Ben and Eleasha and have for many years, this is not them!! How do we know it wasnt something that seems to be bigger than it really is? And the press just took this to make them look bad! So why dont you people look at your selves before you start judging them. Is your realationship perfect? I agree did law enforcement take the time to investigate this???? "




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victimb4 wrote on Sep 14, 2009 9:36 PM:

" Have you stopped to think about how many people are victims? Probably ten out of all the people who responded have been or are victims! Dosent matter where Eleasha works or what example she has to set she can still be a victim. Anyone can be a victim!!! I have been in Eleashas shoes. Does Ben have a history of abuse? "




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CGJR wrote on Sep 14, 2009 9:27 PM:

" I do know Ben Garcia regardless of he is inocent or guilty I believe he is already guilty in the eyes of Judge Mitchelle and the DA that is the main problem with the courts now days "




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true facts wrote on Sep 14, 2009 9:15 PM:

" We all seem to know how to point the finger at the people involved but do we all stop to think how true the presses facts are? How many times has there been miscommunicated stories on the presses behalf. I think we all need to look at the big picture here. How much does the press change words and the story. I have been a victim my self I know how it feels!!!! "




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lg wrote on Sep 14, 2009 2:46 PM:

" continued...
It hurts to have to work through some things that happen in life, that’s life, no one needs to be criticized or have conclusions jumped to when they do not know facts, we ALL need to look at what we can do to better ourselves and help those who are hurting not try to find fault with them and kick them while they are down. If you don't know the facts don't "think" you know what happened. It accomplishes nothing but causing others more pain. "




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lg wrote on Sep 14, 2009 2:45 PM:

" To those who want to “guess” they know the situation:
For once, try to not jump to conclusions in a situation you know nothing about other than what you have read in ONE article. I am not personal friends with either party; only know them through a work out facility they used to attend. But my family having recently been the subject of crudeness from some in this community that knew NOTHING what we were going through but what they "heard" or read. "




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Jacklynn wrote on Sep 14, 2009 2:08 PM:

" I think the report stated no probable cause if I am correct. So why is everyone judging Elisha? Do you think victims are going to want to report when they can also be arrested too? I really dont think so. Find something better to write about! I agree with CMD it is all about politics do you even care about these peoples feelings? How do you know who is telling the truth? "




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What wrote on Sep 14, 2009 10:22 AM:

" I would like to know if Eleasha got the same treatment as everyone else does when booked in for domestic violence. You have to stay in jail until you see the judge, overnight or all weekend long until Monday morning???? "




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Jane wrote on Sep 14, 2009 9:58 AM:

" A little presumptuous of you to beleive that Ben doesn't "know the ropes". And from what I have read of this report, calling the DA was a bad call on Eleasha's part if it was for special treatment, since now the case has been sent out of Montrose to a special prosecutor. It doesn't sound to me as if this case will remain "local" at all. Again, I wonder why we have so little faithin the Office of the DA to handle this properly. "




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Ron wrote on Sep 14, 2009 9:29 AM:

" What kind of message of is Eleasha sending to the public when she says dispatch at 911 don't know what they're doing? Looks like an attempted cover up to me. To those who say if she was a dental assistant or had some other occupation, it does make a difference. Her job is to counsel and campaign against domestic violence so she is held to a higher standard. "




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Christopher wrote on Sep 14, 2009 9:07 AM:

" So when do we stop victimizing the victim? If they would spend the time investigating the situation a little bit more, we would not see this problem as often. Protect us. Don't try to control us. "




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Just saying wrote on Sep 14, 2009 8:11 AM:

" What I think people forget is that when people take postions in a state or goverment job you are held to higher standards. The reason this gets front page is because they are expected to set an example and when they dont they deserve to be front page. Shame on the district attorney for getting involved he should of told her to just call 911 like everyone else does. "




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Newschick wrote on Sep 14, 2009 8:09 AM:

" I obviously dont know whom did what to whom... I am curious to know though, if a regular citizen gets arrested and does not happen to have the DA's number on speed dial, are they ordered released so quickly w/o any kind of bond etc...? I am asking an honest question, is this normal procedure? Or are most people arrested expected to pay some type of bond to be released. Any legal eagles out there that can answer this? "




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Anonymous wrote on Sep 14, 2009 5:42 AM:

" I think pretty much all of the rights have been violated!!! Keep your heads up Eleasha and Ben. "




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Matt Brimm wrote on Sep 14, 2009 5:26 AM:

" This is ridiculous! What makes this any different than any other case? Because Eleasha works for the DA’s Office? Why aren’t people who are having affairs in Politics on the front page? Due to the fact she works for the DA’s Office doesn’t mean she can’t be a victim! This is a bag of chips here on the head line? What about those who are being threatened with serious weapons do you see them in the front page? Have some respect about there feelings. Even if Eleasha did scratch him was it self defense? Be careful of who you judge. "




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Anonymous wrote on Sep 13, 2009 10:08 PM:

" I think Eleasha calling the DA is her way of trying to cover for herself. She is on the inside and like Ben says,' she's going to work it so she doesn't get into trobule." of course she will she knows the ropes and Ben will end up taking the blame for it all. Good luck! "




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CMD wrote on Sep 13, 2009 9:43 PM:

" I know that the Montrose Daily Press has a hard time finding things to publish, but don't you think this is a little ridiculous? How many domestic violent incidents happen in Montrose? Why the publicity on these two people? I gree. What if Elisha worked for a doctor or a dentist. Would it be this big of a deal to hit the front page? Sounds like politics to me. Give these two people a chance to a fair trial before you judge either one of them. "




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whyher wrote on Sep 13, 2009 8:54 PM:

" Why is this story front page news, when a very prominent, longtime businessman was busted for intent to distribute cocaine last spring, it didn't make anything but the arrests column... "




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Jane wrote on Sep 13, 2009 5:12 PM:

" It seems as though whomever may be the victim here, might very well have been denied their victim's rights, for the sake of free speech. I would venture that this is not entirely about Ben or Eleasha, but rather the Office of the District Attorney and an attack there on. "




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Hillary wrote on Sep 13, 2009 9:56 AM:

" Will Eleasha be advocating on behalf of Garcia, who is a victim of domestic violence? Just wondering. "




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Brian Ahern wrote on Sep 13, 2009 7:33 AM:

" I do not know Eleasha, or Ben but I feel for them, since they have been essentially denied the right to a fair trial and already will be judged by there peers and prosecuted by the press. If Eleasha was a dental assistant would this be news? "




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