Doña Ana County man sentenced to decades in prison

LAS CRUCES – A county resident will spend decades in prison under sentences for multiple violent offenses in separate cases involving the kidnapping of his girlfriend in one, and child rape and molestation in the other.

Javier Levario, 33, was convicted by a jury in September of first-degree criminal sexual penetration of a minor and a separate count of third-degree criminal sexual contact of a minor. According to a 2018 indictment, the offenses occurred in 2011. District Attorney Fernando Macias’ office said the victims were six and 11 years old, respectively, and relatives of Levario.

Early in December, state District Judge Conrad Perea ordered Levario to spend 24 years in prison, minus 316 days for time spent in custody ahead of sentencing, and pay $20,000 in fines.

Chief Deputy District Attorney Spencer Willson paid tribute to the victims for coming forward years after their abuses occurred to seek justice. 

“Facing an offender in court is never easy – especially in delayed-disclosure cases–and their bravery ensured that justice was done,” Willson said in a written statement. “I hope this encourages others to step forward in the future.” 

Levario was back in Perea’s courtroom on Dec. 15, when he pleaded guilty to 11 counts, including felony charges of second-degree kidnapping and aggravated assault on a household member with a deadly weapon; five misdemeanor counts of battery of a household member; interference with communications; and three counts of resisting, evading or obstructing an officer in the course of an arrest.

Prosecutors stated in a pretrial detention petition that Levario had kidnapped his girlfriend and held her at knifepoint over three days in January 2025, disabling her mobile phone, repeatedly battering her and threatening to kill her before she was able to get away and call for help. 

Perea sentenced Levario to nine years in prison on the kidnapping charge, exceeding what prosecutors had sought. On the other charges, Perea ordered concurrently running sentences totaling more than 10 years, with the aggregate to be served concurrently with the 24-year sentence in the previous case. Perea suspended $24,000 in fines in the matter. 

The DA’s office said that, because of the convictions on counts deemed serious violent offenses under state law, Levario will serve a minimum of 85% of the sentences, or 28 years. 

Levario’s history of felony convictions on charges involving controlled substances and forgery, as well as past violations of probation and conditions of release, were factors in his detention ahead of trial. In 2022, the state of Kansas sought his extradition on a charge of aggravated battery in Morton County. Court records show him living at various locations in Doña Ana County over a decade, including Vado, La Mesa and Las Cruces.

“The outcomes of these cases are a clear demonstration of our office’s commitment to accountability and ensuring that victims are heard,” Macias stated in a news release.