ALBUQUERQUE, N.M. (KRQE) – The ex-deputy convicted of battery for beating a suspected car thief will not have any time shaved off his probation. David Priemazon was sentenced to three years of probation for kicking a handcuffed Christopher Lucero during a 2018 traffic stop, breaking his eye socket.

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He had faced three years in prison. As part of a deferred sentence, Priemazon’s record will be cleared if he completes his community service and probationary requirements. However, Primazon asked a judge to take one year off that sentence saying probation is preventing him from finding a job. Priemazon and his probation officers told the court he has compiled fully, has not missed an appointment and has had no drug or alcohol violations.

However, Judge Courtney Weaks declined the motion. “The three years of supervised probation without any additional parole period with mainly the opportunity to have a deferred sentence, meaning you can have this case dismissed is a huge concession that was given to you by Judge Gallegos and because you received that large of a concession, I agree with Miss Wilson that that was the intent of the original sentence that you explicitly complete those three years of probation,” Judge Weaks said.

Priemazon quit his job before the sheriff’s office could fire him. The county reached a settlement with Lucero for $300,000. Lucero’s charges were also dropped.