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Man in pre-trial diversion program arrested for burglary and escape

Staff report

GAINESVILLE, Fla. – Christopher Sergio Elvis Rivera, 33, was arrested early this morning after allegedly entering a fenced area at a car dealership, entering multiple parked vehicles, fleeing from an officer, and attempting to escape after he was handcuffed.

A Gainesville Police Department officer responded to the Buick GMC dealership on N. Main Street at about 12:20 a.m. this morning after a security company reported that a man had been seen climbing the fence and entering multiple vehicles in the northeast dirt lot of the property. The responding officer noted that he saw a man entering a van in the lot and then saw the man inside the van as he approached on foot. The man ducked down to hide, then the officer made verbal announcements, at which point the man got out of the van and fled on foot; he was reportedly apprehended after a short foot chase and was identified as Rivera. After he was handcuffed, Rivera allegedly escaped the handcuffs and ran again; he was again caught after a brief foot chase.

Post Miranda, Rivera reportedly said he jumped over the fence despite the presence of barbed wire along the fence; he said he entered the van once he was inside the fence because he was hoping to find something valuable. He said he fled from the officer because he was nervous; he reportedly said he did not know why he ran the second time, but he knew he was under arrest at the time.

Rivera, whose address is listed as GRACE Marketplace, was arrested in October 2023 on three cases: a June burglary and theft at MAACO, followed by attempts to sell the items on Facebook Marketplace; a July burglary and theft at Dale’s Tire, with an attempt to pawn the stolen items; and a July burglary and theft at Automotive Super Sports, followed by use of a stolen credit card at Home Depot to purchase a generator and canopy tent. In November 2023, Rivera entered a plea of nolo contendere to eight felonies and a misdemeanor in exchange for entering the Drug Court program and paying restitution to the victims; the agreement states that adjudication of guilt will be withheld if he successfully completes the program, and he will get 24 months in state prison if he fails to complete the program.

When Rivera was released from jail, he was reportedly admitted to a residential drug treatment program but walked away from the facility the same day. He has not reported to Court Services since that date, and a warrant for his arrest was issued in December.

Judge Susan Miller-Jones ordered Rivera held without bail on the three burglary/theft cases and set bail at $70,000 on the new charges; he will be held without bail until the previous charges are resolved.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law. 

  • Another felon crying poor me I have a drug problem. This is any easy way out of jail. They go to a drug program leave the same day and it’s weeks before a warrant is issued This early release/no bond/conditional release crap doesn’t work. He goes right back to doing what he does best. Being a criminal. The only thing I feel sorry about is a K-9 didn’t get to take a bite out crime. Of course he does have a nice imprint on that forehead it’s probably the only real punishment he will get. Nice work by Law Enforcement for catching him again. Maybe the rest of the judicial system can catch up.

    • To be fair, about 5 years ago I was sentenced to 2 years in prison for a substance abuse problem I had struggled with for 25 years. Judge Colaw told me that if I completed a treatment program that my prison time would be dropped.

      I spent 13 months in that treatment center and now I have nearly 5 years clean. For me, that final arrest and sentence is what drove me to put down the pipe and needle for the last time. Now I have my own office, a car in my name, credit cards I make payments on, and my own place to live.

      Making judgements on other people’s situations is so easy, just imagine if other folks judged you on your worst day ever.

      • Clean & Serene- that’s wonderful!! I wish this was the case for more people. I get the vicious cycle, I really do but unfortunately as a society we can’t just look the other way because “oh, it was drugs” or “oh, it’s mental illness” that’s not fair to the rest of us. I have a family member that is mentally ill and drugs help him with it, so he’s an addict, mentally ill and homeless. Everyone has given up on him. He’s been through so many programs…..they work but he isn’t allowed to stay in them forever. I wish he was, it would be better for all of us.

        • I think it is less about “looking the other way” and more about trying to solve the root of the problem. Not everyone gets better unfortunately, but that doesn’t mean we shouldn’t try. It’s hard to imagine that everyone who commits a crime was just born evil. Life, bad decisions, mental illness, the disease of addiction are all things that can push someone to that edge. Prioritizing support and treatment for people like this isn’t looking the other way but working towards a real solution. It won’t work for everyone, but the people it does will change their lives and the safety of society forever.

      • He walked away from the treatment center on the first day. So he should get the two years.

  • Darla Whistler is the state attorney who gave him this sweetheart deal of ‘drug court.’ On 17 Felonies.

  • GRACE should NOT be allowed to be used as the “address” of convicts and ex-cons. They need to tell such miscreants they have no chance of making a legitimate life in this area, and GO to a non-college town instead. GRACE should only be used for homeless with a chance of competing with students for jobs and housing.

    • I agree, they should start using Lauren Poe or Harvey Ward’s address. Maybe we can post them?
      If city leaders can advertise free stuff we should be able to give them the address to pick it up.

    • Well this just completely neglects the reality of life after prison. The judicial system is a money trap, any penny they can get from you is taken. While we could argue till our last breath about why people get put in jail or what have you, one has to acknowledge the real financial situation people are in when dealing with their crimes. It is truly a cycle, someone does a crime for what ever reason, they are punished, but when they reenter society they have no resources to try to live a better life. No money, no home and a record can make it really hard not to resort back to crime to survive. So if someone can at least have a bed to sleep in, they at least have one step in the right direction of doing better. As much as people complain about GRACE, it exists to be the support that many people need to get a better life. Gotta take the bad with the good sometimes and see that there will be criminals but there will also be hope for others to do better!

      • Agreed. Stay in prison. Work in prison. Get paid $$ that you do not get until you are released.

  • It’s kind of a Catch-22. He can’t get off the drugs and be stable unless he can get a job and have housing. But there’s no way he can accomplish any of those two things things because being homeless is so depressing that he just wants to use drugs to escape. It’s the reason very few people ever exit the pits of this homeless quagmire. There was a great movie once upon a time called Trading Places with Eddie Murphy and Dan Akroyd that actually explored this concept quite well.

    • This is not a movie, Real Johnny. The two major problems are little education to learn an occupation, and lack of desire to actually learn or work. Drugs are an excuse that should not be tolerated in any non citizen.

      • Little education, absolutely. Drugs as an excuse, not completely wrong but doesn’t take into account the severeness of depression and drug addiction. What shouldn’t be tolerated by society is the lack of support and kindness for people struggling. There will be bad apples in the bunch who lack the desire to learn or work but don’t let that blind you to the people who have become a product of their mental illness or financial situation. Some support can go a long way in creating a better and safer society for everyone. At the end of the day they are still people, beyond the crime or addiction there is a person. Consider the realities of what got them here and consider the difference support and kindness can provide in getting them back to the person they were before.

    • The mayor and his predecessor have children, they should put their money where their mouths are and hire him. They invited him.

  • Low bail on the previous EIGHT FELONY charges and he is at it again. If he is not a US citizen, and unable to support himself by legitimate employment, it is time to deport him!

  • Gross for the owners of the vehicles he entered – why weren’t those locked by the dealership? Is it common practice to leave vehicles open like that?

    I really don’t intend to be unkind, but those vehicles need a good cleaning. Yuck.

  • Umm, what about the 24 months he is supposed to get for failing to complete the program? Serve that, then proceed to the recent crimes.

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