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Man who drove drunk and caused fatal Mason City motorcycle accident loses appeal

DES MOINES – Victor Rivera, who was driving drunk in 2014 in Mason City and caused a traffic accident that killed a motorcyclist and seriously injured the passenger, has lost an appeal in the case.

Victor Rivera appealed from the order denying his application for postconviction relief. He challenges his convictions for operating a motor vehicle while intoxicated and failure to stop in the event of accident causing death. He claims the mandatory minimum sentence imposed violated his right to equal protection and the prohibition against cruel and unusual punishment under the Iowa and Federal Constitutions. He also claims the restitution ordered under Iowa Code violates the Iowa and Federal Constitutions prohibition against cruel and unusual punishment.

Rivera, who had moved to Mason City from Minneapolis, pled guilty in 2015 to vehicular homicide – operating under the influence and leaving the scene of a fatal accident.  He was sentenced by judge Rustin Davenport to 25 years in prison and ordered to pay $169,906.16 in restitution to the family of his victim, 43-year-old Jefferson Davis, who died as a result of Rivera’s actions.

On November 22, 2014 at about 4:53 PM, Mason City Police were dispatched to a collision at Highway 122 and South Pierce Avenue. A truck driven by Rivera struck a Harley Davidson motorcycle driven by Jefferson Davis with passenger Nicole Lynn Shariff and left the scene.   Both victims were transported to North Iowa Mercy Health Center by the Mason City Fire Department. Davis was pronounced dead at the hospital and Shariff suffered serious injuries.

A Cerro Gordo County Deputy located Rivera’s vehicle a few minutes later and attempted to stop him. Rivera failed to stop until it reached the 1500 block of North Madison.  Stop sticks were employed to stop his vehicle.  He  was arrested there on five valid arrest warrants from Cerro Gordo County. One warrant was for Aggravated Domestic Assault from a Mason City case, four others for failure to appear in court on charges of Going Armed with Intent, Burglary 1st Degree, Disorderly Conduct and Interference with Official Acts all from a Clear lake case.

The Iowa Court of Appeals ruled in upholding Rivera’s penalties that Iowa Code section 902.12(6) does not violate the equal protection clause because there is no distinction made between similarly situated parties. There is no violation of the prohibition against cruel and unusual punishment because the mandatory minimum is not categorically wrong and is not unconstitutional as it is applied to Rivera. The ordered restitution is not grossly disproportionate to the harm caused.

Jeff Davis
Jeff Davis
Victor Rivera SUBJECT IS INNOCENT UNTIL PROVEN GUILTY
Victor Rivera
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