A firefighter at the Los Pinos Fire Protection District pleaded guilty Tuesday to third degree assault in 6th Judicial District Court. As a part of the plea deal, Matthew Misquez, 36, may not continue to work at the department where the victim, his former girlfriend, is also a firefighter.
Misquez was charged with three class one misdemeanors in January – criminal mischief, third-degree assault and obstruction of a telephone or telegraph service – relating to an incident that occurred in August 2021.
The district attorney’s office dropped the criminal mischief and obstruction charges in exchange for a guilty plea on the assault charge. Misquez will be sentenced to 18 months probation and a 10-day jail sentence, which will be suspended.
The mandatory protection order barring him from contacting the victim will remain in place and Misquez may not work for the Los Pinos Fire Protection District during the probationary period, nor may he negotiate future employment with the district during the judgment period.
According to the arrest affidavit, Misquez got in a dispute with the victim after accusing her of cheating on him. He reacted by throwing glassware, breaking other household items, damaging the home, physically handling the victim, and destroying her phone and laptop to prevent her from contacting a friend.
During the investigation leading up to the arrest, the victim showed the officer text messages from Misquez admitting to “over reacting, breaking things, being intoxicated, and being apologetic over the incident.”
The stipulation that Misquez may not work at the same department as the victim is unusual, said District Attorney Christian Champagne.
“We basically felt like it was not fair to her to have to continue to work with the person that was convicted of committing an act of domestic violence against her,” said Champagne. “So as a condition of probation, we are requiring him to find employment at a different location so she doesn't have to see him every day and be scared of him and walk on eggshells when she goes to work.”
In the months since Misquez was charged, he and the victim have continued to work at the same station, albeit on separate shifts. The victim, who requested that she not be named to protect her privacy, said the department has a policy in place requiring that Misquez leave the station 30 minutes before shift change and she arrive no earlier than 10 minutes before shift change so the two do not see one another.
The victim, who spoke up over a year after the event, said the challenges facing survivors of domestic violence are myriad.
“Public education about domestic violence is severely lacking,” she said in a message to The Durango Herald. “Statistically, an assailant is more dangerous and more violent after a victim speaks out. The experts tell you to never be around your assailant, never let them know where you are, and certainly do not give them keys to where you sleep.”
Misquez will lose 24-hour access to the station, which he has maintained while on the department’s staff. He will be formally sentenced April 18.
rschafir@durangoherald.com
