Saturday, July 04, 2009

You Scream for Ice Cream; Ice Cream Man Screams for Cops

By Lloyd Jojola
Journal Staff Writer
          A southwest Albuquerque man who threw large rocks at an ice cream truck and was armed with a hammer and ax when confronted about it by police is facing aggravated assault with a deadly weapon and child abuse charges.
        Robert Roybal, 58, was booked into the Metropolitan Detention Center on Tuesday and released the following day.
        Police were called to the area of Arenal and Desert Springs Road SW about 7:45 p.m. Tuesday.
        The ice cream truck driver, Ernest Chavez, told police that he was driving his truck down Rolling Rock Place SW when "suddenly a man (Roybal) came running out of the residence and began throwing softball-size rocks at him, his daughter Dayna and the ice cream truck," according to a criminal complaint.
        Chavez told police he tried to leave, but Roybal began following the ice cream truck in a car.
        Police followed Chavez and his ice cream truck back to the rock-throwing location.
        "As soon as the ice cream truck passed ... I saw a man, later identified as Robert Roybal, run out to the sidewalk with a hammer and ax in his hand," the complaint states. "Roybal had a pile of softball-size rocks in a pile and ... began throwing the rocks at the ice cream truck."
        The officer said he threw at least two rocks "with a large amount of force" and that he "appeared to be extremely angry."
        The officer jumped out of his car and commanded Roybal to stop. The officer drew his firearm because of the aggressive rock-throwing and because he saw a hammer and ax in Roybal's hand.
        But Roybal ignored the officer's order and threw another rock. After again being ordered to stop, Roybal then turned his attention to the officer and "appeared very aggressive as if he wanted to fight," the complaint states.
        "Roybal clutched the hammer and ax tightly in his left hand and began walking toward me in a manner that made me believe he was going to strike me with the hammer and/or ax," the complaint states.
        Roybal eventually complied with the officer's requests and was taken into custody.
        "I smelled the strong odor of burnt marijuana as I handcuffed Roybal, and Roybal later told me that smoking marijuana calms him down," the officer wrote in the complaint.
        Family members and neighbors told police that Roybal is mentally ill and is on medication. He was referred to a psychiatric unit when he was booked into jail.
       

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