HERES THE FULL ARTICLE
By MIKE CONWAY
BEE STAFF WRITER
Last Updated: December 20, 2005, 06:18:48 AM PST
TURLOCK — Police officer Joey Rodriguez nearly became the third valley peace officer killed by a gang member in the past two years.
Rodriguez's department-issue bulletproof vest saved his life early Friday when one of three bullets fired at him by a Norteño gang member hit him in the chest, police said.
The Iraq war veteran is recovering in a Modesto hospital, the bone in his upper right arm shattered and another wound in his right thigh, officials said at a news conference Monday. It is expected to take about eight months for him to recover enough to return to duty.
"By the grace of God," Lt. Fin Johnson said. "We could just as eas-ily be planning a memorial."
Also Monday, police identified the shooter, killed Friday by another officer, as Rafael Cuevas Jr., 30. His body remains at the Stanislaus County coroner's office. Investigators said he had tattoos bearing the state Penal Code numbers for murder and armed robbery.
Cuevas, who has lived in Turlock and Winton, had a long history of violent crime, capped by a stint in state prison for attempted murder.
Cuevas also was wearing a bulletproof vest, but a slug fired by officer Russell Holeman entered his body under the left arm, passed through a lung and severed his aorta. At least three other rounds fired by Holeman hit Cuevas, including one that was stopped by his protective gear.
Police say they still don't know why Cuevas was driving around Turlock in a bulletproof vest, a .40 caliber Glock stolen from a home in Menlo Park strapped in a shoulder holster and a police scanner in his pocket.
He was driving with his nephew, Edward Valencia, 18, of Winton, the apparent owner of the Camry that initially raised police suspicion, investigators said.
The car had license plates belonging to a Chevrolet in Sacramento, which caused officer Lawrence Mejia to follow the car into a lot near a small apartment complex at 1012 Geer Road.
Police have determined the Camry was not stolen and the license plates were from a car that had been scrapped, Sgt. Sue Steele said.
As other officers arrived at the scene, the Camry stopped and its occupants ran away.
Rodriguez, who had been with the Turlock department eight months, started chasing Cuevas on foot. After Cuevas shot Rodriguez, he opened fire on the patrol car driven by Holeman, hitting it three times. Holeman returned fire, killing Cuevas.
Agencies from throughout Stanislaus and Merced counties responded to the call of an officer down and secured the neighborhood. Police said they later found Valencia walking around inside the crime scene perimeter and arrested him without incident.
He was arrested on charges of resisting, delaying or obstructing an officer, and possession of a loaded firearm in a vehicle. Both are misdemeanors. Valencia no longer is in custody.
Rodriguez, who is single, was born and raised in the Ceres area. He served in the Air Force security forces for 3½ years and was on active duty in Iraq for six months in 2001-02. He is a reservist with the 144th Air National Guard security forces based in Fresno. He's a December 2004 graduate of the Fresno Police Academy and had been patrolling alone for six weeks after undergoing the department's field training.
"His spirits are very good," Lt. Allen Luty said. "He's looking forward to coming back to work."
Luty said Rodriguez's rookie status didn't have anything to do with his getting shot. Calling it "sad and unfortunate," Luty said, "this could have happened to any officer."
Luty said gang activity is up in Turlock and throughout the Central Valley.
Rodriguez was the fourth area officer shot by a gang member in the past two years.
Veteran Ceres police Sgt. Howard K. Stevenson was gunned down Jan. 9 outside a liquor store by a man with Norteño gang ties. Officer Sam Ryno also was hit; he survived. Police killed suspect Andres Raya a few hours later.
And Merced officer Stephan Gray was shot and killed April 15, 2004. The man accused of killing Gray, Cuitlahuac Tahua "Tao" Rivera, also was a Norteño gang member, officials said. Rivera is awaiting trial on a capital murder charge.