Travis County prosecutors are passing on drug charges against an 18-year-old teen accused of firing an AR-15 long rifle in the Wells Branch neighborhood of north Austin and threatening to murder two sheriff’s deputies who responded.
During the teen’s arrest, deputies found a “usable amount of marijuana” and a green pill identified as alprazolam, known by the trade name Xanax, according to the arrest affidavit.
But county prosecutors have declined to file drug charges against the suspect, Rylan Luis Rivera. His booking record says, “prosecutor rejected charge.” The county is instead pursuing a criminal mischief charge, which is punishable by fine only.
On the other hand, the Travis County District Attorney’s Office is throwing the book at the Rivera for more serious felony charges that could result in serious prison time, according to court dockets.
Sheriff’s deputies allege that Rylan Luis Rivera threatened to kill them after they responded to reports of gunshots in the area of 1720 W. Wells Branch Parkway on Feb. 24. They located Rylan in a wooded area behind the Milan Apartments. He had “a loaded (one round in chamber) AR 15 Long Gun rifle with a red dot scope (and) magazine with approximately 9 to 10 rounds,” according to the affidavit.
Deputies handcuffed Rylan but he struggled with them as they tried to move him from one patrol vehicle to another. He allegedly kicked an officer in the chest and while en route to the jail, Rylan said, “once he gets out of jail he’s going to kill me,” the deputy wrote in the affidavit.
“’Don’t you see what I was carrying, doing you think I have more guns?’” the teen allegedly said. “He also said he’s going to put a hit out on my son while he is in jail,” the deputy wrote. “He explained that my son would be dead and he will be at his funeral… He also advised that he was going to kill the other arresting officer once he was released.”
District Court records show that Rylan’s case is still in the pre-indictment phase. He is detained under an Article 16.22 commitment and underwent a court-ordered assessment for having mental illness.
The District Attorney’s Office has prepared three felony charges, including a retaliation charge for threatening to harm a public servant. That’s a third-degree felony with a minimum prison term of two years and a maximum of ten years. Two other felony charges – assaulting a peace officer and deadly conduct discharge of a firearm – could add to that sentence.
The same teen had a run-in with the law December 9. He appeared in County Court at Law Number 8 following a misdemeanor theft arrest, but he posted personal bond – a pledge to return for future court proceedings – and he was free within a day. That case was still pending when Rylan opened was arrested with the AR-15 rifle in February.
Rylan’s County Court hearing on the misdemeanor charges is set for March 17, while the felony charges will be heard in District Court the same day.
