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Published December 21, 2011, 08:44 PM

Brothers charged in gunfire case

WORTHINGTON — Juan Rivera, 31, of Worthington, was charged in Nobles County District Court Wednesday with second-degree assault with a dangerous weapon, second-degree riot, discharging a firearm within a municipality and carrying a pistol while under the influence of alcohol.

WORTHINGTON — Juan Rivera, 31, of Worthington, was charged in Nobles County District Court Wednesday with second-degree assault with a dangerous weapon, second-degree riot, discharging a firearm within a municipality and carrying a pistol while under the influence of alcohol.

His brother, Miguel Angel Rivera, 26, was similarly charged last week in regard to an incident that took place Dec. 9 on Sherwood Street.

According to court documents, authorities were called to the scene at approximately 7:30 p.m. to investigate a fight involving a gun. The complaint states Juan was allegedly looking for a man that a witness, an older gentleman, said owed money for drugs. The witness said Juan confronted him about the man’s whereabouts, then pulled out a small silver handgun and shot into the air several times before leaving as a passenger in a white Lincoln.

An officer at the scene found an unspent .22 caliber round and four spent casings in the driveway.

The suspect vehicle was identified as belonging to a person who shares an address with Juan. Officers went to the address and located Miguel Rivera, who said he had been with his brother at the Sherwood Street location and stated Juan had been stabbed. He admitted he had possession of a gun, which he owned a permit to carry.

The officer searched Miguel and found a box in his sweatshirt pocket that contained a .22 pistol, rounds and an empty magazine. The pistol did not contain a round in the chamber, but the officer noted there was black carbon residue, consistent with a firearm that had been recently fired, the complaint states.

Miguel stated he had been on his way home from work when his brother called him, asking for a ride to a friend’s house. He allegedly admitted he had consumed six beers while riding with others on his way home from work. While eating at home, he answered his brother’s phone and spoke to a man he knows as Wee Wee who said he wanted the brothers to come to the Sherwood address. When they arrived, the witness and Wee Wee were at the house, and Juan and Wee Wee got in a fight, Miguel said. An “old guy” then jumped into the fight and stabbed Juan with a knife, Miguel said.

Miguel stated he pulled out his gun and fired four shots to “scare the old guy and Wee Wee.” After the incident, the brothers drove the white Lincoln to Round Lake and borrowed a Jeep from a friend because they thought police would be looking for the Lincoln. The Lincoln was later impounded by Nobles County deputies and brought to the law enforcement center.

Both the older man and Wee Wee denied Wee Wee was present at the time of the incident.

Juan Rivera has a 2002 conviction for terroristic threats, was sentenced in 2002 to 86 months incarceration for first-degree controlled substance crimes and convicted of disorderly conduct in 2009. Bond was set at $1,000 for Miguel and $20,000 for Juan. Both men have been granted public defenders.

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