ALBUQUERQUE, N.M. (KRQE) – A former New Mexico lawman convicted of roughing up a suspect avoided jail time. Now, he’s trying to get another break by asking a judge to let him off probation a year early.

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Now-former Bernalillo County Sheriff’s Sgt. David Priemazon got a break in court after kicking suspected car thief Christopher Lucero in the face during a 2018 traffic stop. Priemazon was convicted of aggravated battery and prosecutors requested he serves three years in prison.

However, Judge Daniel Gallegos granted a deferred sentence of three years of probation, including 100 hours of community service a year.

“I believe the defendant would be better able to provide for his family and to be an asset to the community by remaining out of custody,” Judge Gallegos stated in 2019.

As KRQE News 13 has reported, Priemazon’s deferred sentence means his record will be cleared if he completes his community service and other probationary requirements.

Last month, Priemazon filed this motion to fast-track that process, asking to get released from probation, which is set to run until December 2022. He’s citing his “perfect performance” on probation, including maintaining employment and supporting his family.

However, the district attorney is urging the court to deny the request, noting that Priemazon already got a lenient sentence and that Judge Gallegos specifically said that the probation would not be converted to unsupervised probation.

In a formal response filed by the state, the district attorney stated that if Priemazon wants to receive good time, he could earn it from behind bars.

“Even with good time on a serious violent offense, [Priemazon] would have to serve over 30 months of imprisonment followed by a two-year term of parole,” the state’s motion explains.

Priemazon resigned from the sheriff’s department in December 2018 before he was fired.