Lucio sentenced to 22 months

Mattawa man shot by police while fleeing

EPHRATA - Ruben Lucio Jr., 23, Mattawa, was sentenced to 22 months in prison Tuesday for attempting to flee Mattawa police earlier this year.

Lucio pleaded guilty July 22 to charges of hit and run involving parked vehicles, resisting arrest and attempted assault.

Lucio was involved in a confrontation with police Jan. 1 when they were called to a reported fight in an alley near North Boundary Avenue in Mattawa. The incident ended with Lucio being shot twice by police after he reportedly tried to back over an officer with a GMC Yukon.

In court Tuesday, Grant County Superior Court Judge John Antosz agreed with deputy prosecutor Edward Owens' request to give Lucio the high end of the sentencing range due to Lucio's criminal history, attempt at eluding police and "assaultive behavior."

"We're going to end up here again," said Owens.

Lucio's defense attorney Karen Lindholt disagreed, asking for a sentence of 17 months. She said there was a solid defense with the state possibly having trouble identifying the driver of the GMC Yukon.

"We feel very strongly we could have won this … but (Lucio) didn't want to roll the dice and go to trial," Lindholt said.

Lucio apologized for the incident without admitting guilt and said he learned from the experience.

"I apologize for anything I put anyone through," he told Antosz. "I was shot in one of these cases. Shot twice … this has been a rude awakening for me and I can't keep doing this."

The incident with Mattawa police started when officers were called to a reported fight in an alley near North Boundary Avenue in Mattawa.

Police first saw Ruben Lucio's uncle, Jose Lucio, 37, of Mattawa walking from a laundromat when Mattawa Police officer Shane Starnes reportedly ordered Jose Lucio to bring his hands into view and Jose Lucio refused, court documents state.

Starnes drew his Taser because Jose Lucio was reportedly a suspect in a burglary involving a weapon. Ruben Lucio was also believed to be involved in the burglary, according to court documents.

Starnes heard the passenger door of the nearby GMC Yukon close, the vehicle start up and saw it come toward him. He again tried to get Jose Lucio to cooperate, but Lucio didn't and was Tasered by Starnes.

Starnes changed weapons and fired his pistol at the GMC Yukon with officer Jose Chiprez, who tried to shoot the tires. Nine rounds were reportedly fired by Starnes.

Ruben Lucio was hit in the upper right arm and chest area.

The Yukon left the scene and was later found about 3 miles southwest of Mattawa with Ruben Lucio drinking a can of beer while sitting in the vehicle.

Ruben Lucio reportedly told police to "shoot" him during the standoff and said at least twice "Someone is going to die tonight, whether it's me or one of you, but someone is going to (expletive) die."

He was reportedly pulled from the Yukon by police.

Ruben Lucio later told police it was possible he backed up and said the gear indicator didn't line up correctly, according to court documents.

He said if he had backed up it was an accident and "that he was not stupid enough to try and hit a police officer," according to court records.

Lucio has six felony convictions, including malicious mischief, burglary and assault, six gross misdemeanors, three misdemeanors and is recorded as being a gang member, according to the sheriff's office.