‘... She was the victim’

MONTROSE — Saying the media embarrassed her, Eleasha Cervantes expressed relief Thursday, when a charge of harassment as an act of domestic violence against her was dismissed.

Cervantes is the victim-rights advocate for the district attorney's office. She was arrested in September on allegations stemming from a fight with her boyfriend, Ben Garcia, but, as was previously reported, said she was defending herself from him.

Garcia's case is still pending. He was charged with false imprisonment and telephone obstruction, as acts of domestic violence.

Special prosecutor Chris Miller asked that Cervantes' case be dismissed, saying he saw little likelihood of conviction. His decision was based in part on the recorded 911 call which, he said, supported Cervantes' version of events.

"It sounded more as though she was the victim," Miller said, calling evidence of any harassment "minimal."

As was previously reported, Miller had last month indicated he would likely dismiss the case.

Thursday, Judge John Mitchel asked Miller to explain a section of the sheriff's affidavit, in which Garcia claimed Cervantes had thrown CDs at him.

Miller said it appeared as though Garcia was following Cervantes through their house and that she was throwing things at him so she could get away.

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