ROCHESTER, N.Y. (WROC) — Tyquan Rivera, the man convicted of shooting Rochester Police officer Anthony DiPonzio in 2009, was released from custody without bail Thursday.
Rivera is facing two new counts of criminal sale of a controlled substance in the third degree after being arrested in December. According to court paperwork, Rivera sold Fentanyl in 60 envelopes to two undercover officers in two separate sales.
Assistant District Attorney Matt Schwartz said Rivera’s release is the result of the newly-enacted bail reform laws in New York state.
“Mr. Rivera was arrested prior to the enactment of the new bail reform laws back on December 19,” Schwartz said. “At that time, because the bail reform laws had not yet took effect, bail was set in the amount of $25,000 cash, $100,000 bound. In light of the new bail reform act, the charges that Mr. Rivera are currently facing are not qualifying offenses, and as a result, the judge, frankly, is required to release Mr. Rivera.”
Rivera was forced to surrender his passport and will be forced to wear an ankle monitor.
Rivera, who was only 14 when he shot officer DiPonzio in the back of the head, was sentenced to a maximum of ten years in prison and was previously denied parole three separate times before being released earlier this year.
“Our hands are certainly tied. This is someone who’s previously been convicted of shooting a police officer, who has a prior violent felony conviction on his record, who is currently facing allegations of selling Fentanyl to an undercover police officer, who faces a minimum of six years and a maximum of 15 years if he’s convicted of these new drug charges,” Schwartz said. “And it’s rather disturbing that someone in that situation is automatically released by virtue of this new law.”
Officer DiPonzio eventually returned to the force.