JANUARY 19, 2024:
BISMARCK, N.D. (AP) — A North Dakota lawmaker who insulted police with vulgar, homophobic and anti-migrant comments during an arrest last month for drunken driving was sentenced to serve nearly a year of unsupervised probation and to pay $1,000.
Republican state Rep. Nico Rios, of Williston, received the sentence on Jan. 8, 2024, when he pleaded guilty to drunken driving, court records show. His sentence includes a 10-day suspended jail sentence, a mandatory evaluation and a victim impact panel. A misdemeanor charge of refusing a chemical test was dismissed. He must also pay $50 for an open container violation.
Text and email messages were sent to Rios seeking comment Thursday (Jan. 18, 2024). A phone message was also left with his attorney.
Rios’ sentence is consistent with others for similar offenses, said criminal defense attorney Mark Friese, a long-time practitioner in DUI cases. He noted that Rios’ driving privileges will be suspended automatically for 91 days.
“It does not appear that he was treated more harshly than other people in similar situations,” Friese said. “My guess is that the judge recognizes … there are multiple entities here that are going to hold Mr. Rios to account.”
Police body-camera footage from the Dec. 15 traffic stop, requested by and provided to the AP, shows Rios cursing an officer, repeatedly questioning his English accent, and using homophobic slurs and anti-migrant language. He also said he would call the North Dakota attorney general about the situation. He told the officers they would “regret picking on me because you don’t know who … I am.”
He has faced growing calls from his party to resign, including the House majority leader and state and local Republican Party officials.
Last week, Republican House Majority Leader Mike Lefor removed him from the Legislature’s interim Judiciary Committee, saying it wouldn’t be fair for law enforcement officers to testify in front of a committee of which Rios is a member. The House-Senate panel meets between legislative sessions for studies of topics related to law enforcement and the legal system for future or potential legislation.
Rios has said he is “seriously mulling all aspects” of his future, and plans to seek help for alcoholism, but he has made no plans to resign. He also previously said he takes responsibility for his “disgusting actions,” and apologized “to those I have hurt and disappointed,” including law enforcement officers.
Rios has said he was leaving a Christmas party before police pulled him over.
Rios, who works in an oil field position involved in the hydraulic fracturing of wells, was elected unopposed in 2022 to a four-year term in the state House of Representatives. Republicans control the House, 82-12.
JANUARY 11, 2024:
UNDATED (AP)- A North Dakota Republican lawmaker has been removed from a legislative committee following a traffic stop in December. State Rep. Nico Rios, of Williston, was arrested on a drunken driving charge. Rios blasted police with vulgar, homophobic and anti-migrant language during the traffic stop. Calls have grown for him to resign. Republican House Majority Leader Mike Lefor removed him on Tuesday (Jan. 9, 2024) from the Legislature’s interim Judiciary Committee. Lefor and local and state Republican Party leaders have called on Rios to resign. Rios has apologized for his behavior and says he has no immediate plans to resign. He says he plans to seek help for issues with alcoholism.
DECEMBER 28, 2023:
BISMARCK, N.D. (AP) — A North Dakota Republican lawmaker has no plans to immediately resign, despite party leaders’ calls for him to step down after he railed against police with profane, homophobic and anti-migrant language during a recent traffic stop that ended in his arrest on a charge of drunken driving.
In a statement Wednesday (Dec. 27, 2023), Republican state Rep. Nico Rios, of Williston, said he is “seriously mulling all aspects” of his future.
“As I weigh my future in the legislature, I am going to spend the next few months addressing my issues with alcoholism and getting the help I need,” he said in a statement. “Any decision I make going forward will be made with a sober mind and deliberative clarity. To do so, I will be prioritizing breaking my chemical dependency on alcohol, improving the interpersonal relations I have strained, and listening to our community.”
Rios also said he takes responsibility for his “disgusting actions” during the Dec. 15 traffic stop, and apologized “to those I have hurt and disappointed,” including law enforcement officers. He added that he is “100% committed to making repairs for my actions and straightening out my life.”
Police body camera footage requested by and provided to the AP shows Rios cursing an officer, repeatedly questioning his English accent, and using homophobic slurs and anti-migrant language. He also said he would call the North Dakota attorney general about the situation. He told the officers they would “regret picking on me because you don’t know who … I am.”
Rios’ statement comes a day after Republican House Majority Leader Mike Lefor and state party officials publicly called on him to resign.
“There is no room in the legislature, or our party, for this behavior,” Lefor said Tuesday. The AP left him a phone message on Wednesday seeking comment on Rios’ decision.
Rios has said he was leaving a Christmas party before police pulled him over. He was charged with misdemeanor counts of drunken driving and refusing to provide a chemical test. He is scheduled for a pretrial conference on Feb. 5 in municipal court.
Rios, who works in an oil field position involved in the hydraulic fracturing of wells, was elected unopposed in 2022 to a four-year term in the state House of Representatives. He sits on the House Judiciary Committee, a panel that handles law enforcement legislation.
Republicans control the North Dakota House, 82-12.
DECEMBER 27, 2023:
BISMARCK, N.D. (AP) — Republican leaders have called on a North Dakota lawmaker to resign after he lashed out at police with homophobic and anti-migrant remarks during a traffic stop earlier this month in which he was arrested for drunken driving.
Republican House Majority Leader Mike Lefor said Tuesday (Dec. 26, 2023) he called on Republican state Rep. Nico Rios, of Williston, to resign over the weekend. His statement cited a police officer’s report of Rios being “verbally abusive, homophobic, racially abusive and discriminatory” toward him “for the entire duration of the incident following road side testing.” Lefor also said Rios attempted to use his position as a lawmaker to intimidate police and avoid an arrest.
“There is no room in the legislature, or our party, for this behavior. I understand people make mistakes, but his comments and defiance to law enforcement are beyond the pale. In addition, any lawmaker attempting to use his or her elected position to threaten anyone or skirt the law is completely unacceptable,” Lefor said in a statement.
Rios replied to an email seeking comment, but he had no immediate response. His attorney did not respond to a phone message.
In previous comments, Rios said his behavior toward the police was unacceptable, that he was sorry and vowed “to make sure this never happens again.”
North Dakota Republican Party Chairwoman Sandi Sanford joined Lefor, saying, “Rep. Rios’ actions and words fall short of the basic decency we expect from any of our neighbors. He endangered the community he was elected to serve and disrespected peace officers. This violates our core values as Republicans.”
Police body camera footage requested by and provided to The Associated Press shows Rios cursing the officer, questioning his English accent, and using homophobic slurs and anti-migrant language. He also said he would call the North Dakota attorney general about the situation. He told the officers they would “regret picking on me because you don’t know who … I am.” Forum News Service first reported on Rios’ comments.
Rios said he was leaving a Christmas party before the Dec. 15 traffic stop. He was charged with misdemeanor counts of drunken driving and refusing to provide a chemical test. He is scheduled for a pretrial conference on Feb. 5 in municipal court.
Rios, who works in an oil field position involved in the hydraulic fracturing of wells, was elected in 2022 to the state House of Representatives. He sits on the House Judiciary Committee, a panel that handles law enforcement legislation.
Republicans control the North Dakota House, 82-12.
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