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El Paso Man Sentenced To 15 Years In Prison For Kidnapping, Other Convictions

LAS CRUCES –  Third Judicial District Attorney Mark D’Antonio announced Wednesday that a Las Cruces judge sentenced 19-year-old Rafael Cervantes of El Paso to 15 years in prison. 

A Las Cruces jury in February convicted Cervantes on 16 charges, including one count of first-degree kidnapping. He also was convicted of six counts of child abuse, five counts of false imprisonment, two counts of aggravated assault with a deadly weapon and two counts of criminal damage to property.

The charges stem from an incident on December 27, 2015, in which Cervantes held several family members and acquaintances at knifepoint for several hours at his mother’s home in Sunland Park. The incident, which began as a domestic dispute between Cervantes and his girlfriend, rapidly escalated into a hostage situation. Numerous family members, including several children, were held captive by Cervantes as he wielded a large kitchen knife and threatened their lives.

The incident came to an end when a Sunland Park police officer shot Cervantes in the face and he was transported to an El Paso hospital.

Cervantes faced a total of 48 years and six months in prison. Deputy District Attorney Daniel Sewell asked the court to impose a sentence of 40 years, because of the serious nature of Cervantes’ crimes, but District Judge Fernando Macias ordered him to serve just 15. 

The first-degree kidnapping charge carries a mandatory 18 year sentence, however New Mexico state law allows judges to mitigate or enhance the sentence by one-third, or six years. Macias reduced the kidnapping sentence to 12 years, then added a three-year sentence on one of the child abuse counts.

“While we asked for a sentence substantially more severe than the court was willing to grant, we are pleased that Mr. Cervantes will face the consequences of his dangerous actions,” D’Antonio said. “I’m pleased the jury and the court held him accountable.”

Upon release, Cervantes must complete six years of probation.

Information from Third Judicial District Attorney's office