Jurors acquitted a former El Paso police officer of sexual assault and official oppression, ending what he called the worst year of his life.
Zake Rivera, 29, was found not guilty after jurors - six men and six women - deliberated for about seven hours over Thursday afternoon and Friday morning. His trial began Monday.
During the trial, prosecutors Beto Acosta and Lisa Clausen alleged Rivera forced his accuser, a 46-year-old woman, to perform oral sex on him as he responded to a family disturbance call at the woman's apartment on Jan. 23. Investigators found DNA evidence on the woman's pants and were able to match it with Rivera's DNA.
Rivera and his attorneys, Jim Jopling and Joe Rosales, denied the allegation but admitted the two engaged in a consensual sex act. While on the stand in his own defense, Rivera said he made a mistake by engaging in a sex act while on duty, but denied forcing the woman to do so.
Following a police investigation into the woman's accusations, Police Chief Greg Allen fired Rivera, who had been with the department for four years. After news of the jury's decision broke, Allen said the decision to fire Rivera was valid based on the facts of the incident.
"Regardless of the verdict on this, I think the officer violated the trust of being a police officer," Allen said. "The incident was valid, consensual or not, and made it a violation as far as this person's responsibility to the public."
Before the verdict was read, Rivera bowed his head and kissed a crucifix he wore around his neck. During the verdict's reading, family members, including Rivera's wife, sobbed quietly in the front row of the courtroom.
Rivera's accuser was also in the courtroom, flanked by two El Paso County Jail detention officers. She is currently serving a jail sentence after violating the terms of her probation on a driving while intoxicated conviction. She's set to be released on Dec. 20.
After District Judge Gonzalo Garcia read the jury's verdict, Rivera said he doesn't plan on seeking reinstatement or pursuing any other law enforcement job.
"I don't want to do that anymore," Rivera said as he was surrounded by reporters and photographers outside of the courtroom Friday morning.
When asked if it was possible to pick up the pieces following the accusation, Rivera said "It is possible."
Rivera also described the past year "the worst year of my life," but said he learned things that have "helped me become a better person."
Acosta declined comment following the verdict, saying only, "We absolutely respect the jury's verdict. We're grateful for their service."
Rosales said he was also grateful jurors considered all the evidence presented during the weeklong trial.
"We're very happy for the way it turned out," Rosales said.
Adriana M. Chcvez may be reached at [email protected]; 546-6117.
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