photo by: Douglas County Sheriff's Office

Tiburcio J. Reyes III

A Lawrence man who called police for help removing suspicious vehicles from his neighborhood and then assaulted the responding officers pleaded no contest on Monday to felony and misdemeanor charges.

Tiburcio Joe Reyes III, 39, was originally charged in Douglas County District Court with three felony counts of aggravated assault with a deadly weapon on a law enforcement officer and one felony count of interference with law enforcement, according to charging documents. The charges relate to an incident on Oct. 22.

Reyes called police to the 1400 Block of Summit Street at about 9:30 p.m. to report suspicious vehicles on his street and he threatened to open fire on the vehicles, as the Journal World reported.

According to an affidavit in support of Reyes’ arrest, Reyes called 911 twice that night, first to report the cars on his block and a second time to say that those cars had left and police were not needed. Officers were already en route and Reyes agreed to meet with them to discuss what happened.

Reyes told the 911 operator that he would be unarmed when officers arrived, but when he exited his residence to meet the officers waiting on his driveway, he was holding a rifle. In response the approaching officers immediately drew their pistols and took cover.

An arrest affidavit is a sworn document detailing the probable cause behind a person’s arrest. Allegations contained in affidavits have not been proved in court.

The officers commanded Reyes to drop the weapon and put his hands up. Reyes did put the rifle down, but then he “ripped off his sweatshirt” and told the officers to “shut the (expletive) up” and began pacing in the yard, throwing objects toward the officers, telling them to leave and warning he was trained in martial arts. Officers believed Reyes was intoxicated, according to the affidavit.

Reyes eventually walked back inside his house, slamming the door, then returned to the yard with what officers believed was another gun. An officer yelled “gun” and commanded Reyes to drop the weapon, which he did and officers could then see that it was a machete. Reyes continued to throw objects, including a pizza box, a shovel and a brick, and to shout profanities at the officers. Reyes said the officers had better “walk on, I’ll smoke these fools,” which officers believed meant that Reyes would shoot them, according to the affidavit.

Reyes went back inside and put on a leather jacket; when he came back out, officers were able to talk to him and take him into custody without further escalation.

Reyes was scheduled to go to trial on the charges on Monday, but last week informed the court that he was willing to enter a plea. As part of a plea agreement with the state, he pleaded to three misdemeanor counts of assault on a law enforcement officer and one felony count of interference with law enforcement.

Deputy District Attorney Joshua Seiden said that he and Reyes’ attorney, Dakota Loomis, worked diligently on the agreement with input from the officers involved in the incident.

Seiden said that the state would recommend seven months in prison for the felony and seven months in jail for each misdemeanor, with all sentences to run concurrently. He said that Reyes currently has a minimal criminal history and that he is eligible for probation in accordance with Kansas sentencing guidelines.

Judge Amy Hanley accepted Reyes’ no contest plea and explained that his plea to the three person misdemeanors was essentially the same as pleading to one person felony and that if he commits another crime in the future, he now has a significant criminal history that will increase any potential sentence.

Hanley then scheduled Reyes to be sentenced on Dec. 7. Reyes is currently free on a $50,000 own-recognizance bond, which means he was not required to pay any money to be released from jail but may be charged that amount if he fails to appear in court.