Moorhead man sentenced in hit-and-run; victim describes 'agonizing' injuries, psychological trauma

Contributed / Clay County Correctional Facility By Tasha Carvell Today at 12:18 PM Listen Comments Share Share this article News Reporting News Reporting Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. The Trust Project What is this? MOORHEAD — A jealous ex-husband who targeted the man his former wife was dating, running him over and leaving him for dead in an open field in Moorhead this spring, was sentenced to seven years in prison in Clay County Court Monday, Nov. 9. During the brief hearing, Chief Assistant Clay County Attorney Pam Foss read statements from the victim and his sister describing the "catastrophic ... profound and agonizing" injuries the victim sustained during the April 24 incident, which took place in the 2400 block of 36th Street South. ADVERTISEMENT The victim said he was walking through a vacant lot just before midnight when he noticed a pickup approaching, which he recognized to be that of 40-year-old Roel Rivera, the ex-husband of the woman the victim had recently begun dating. "It appeared to be intentionally coming right at me," the victim recounted. "I heard the engine rev louder and saw the headlights accelerating toward me rapidly." According to his statement, the victim attempted to evade Rivera's pickup, running in a zig-zag fashion, but he slipped, at which point Rivera drove directly over him, then reversed and drove over him again. The victim said he could feel his ribs breaking and his body being crushed under the weight of the pickup. Rivera then sped away, "leaving me to die," the victim said. The victim's sister said she now has to take care of him and support him financially due to his injuries, which rendered him unable to work in his job as a crane operator ever again. She said he had six surgeries to repair his ribs, all of which were broken during the incident, as well as his pelvis and femur. She said Rivera was "consumed by rage, jealousy and anger," and showed a "lack of regard for human life" by his actions. Both the victim and his sister also described his psychological and emotional trauma from the incident, including night terrors, during which, the victim said, "I see the headlights coming at me in the dark, over and over." ADVERTISEMENT The victim said besides losing his ability to work, he can no longer do the things he enjoyed in life, like playing golf, hiking, hunting and playing with his grandchildren. Foss argued for a "top-of-the-box" sentence of just over 8 ½ years, citing the "total devastation" Rivera's actions had caused for the victim and his family. The state guideline for first-degree assault, the charge to which Rivera pleaded guilty, was for a sentence of between 74 and 103 months. Rivera initially faced an additional charge of attempted murder in the case, but that charge was dismissed as part of his plea agreement. Foss noted the victim in the case did not agree with the plea deal. Foss said Rivera's actions were "targeted" and "unprovoked." Rivera initially told police the victim had thrown a rock at his windshield and that glass had gotten in his eye, impeding him from seeing where he was going on the night of the incident, but that explanation was not mentioned in court Monday morning. Instead, Rivera's attorney, Chris Snyder, argued that Rivera had accepted responsibility for his actions and had a limited prior criminal history, which should afford him a low-end sentence of just over six years. In a brief statement to the court through a Spanish-language interpreter, Rivera apologized, adding, "I did not want this to happen, but it did." ADVERTISEMENT Judge Tammy Merkins cited the presentence investigation and a probation officer's mid-range recommendation in handing down an 86-month sentence, or just over 7 years. Rivera will get credit for nearly 200 days already served and is mandated to spend at least two-thirds of his sentence in prison before he serves the last third on supervised release. Comments Share Share this article News Reporting News Reporting Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. The Trust Project What is this? Tags Tags CRIME AND COURTS CRIME By Tasha Carvell Tasha covers the criminal justice system and North Dakota's congressional delegation for The Forum. She can be reached at 701-241-5527 or [email protected] . 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