BISMARCK, N.D. — A North Dakota lawmaker who insulted police with vulgar, homophobic and anti-migrant slurs during a drunken driving arrest last month was sentenced to nearly a year of unsupervised probation and ordered to pay $1,000 in restitution.
Republican state Rep. Nico Rios of Williston received the sentence on Jan. 8, when he pleaded guilty to driving under the influence, court records show. His sentence includes a 10-day suspended sentence, a mandatory evaluation and a victim impact panel. A misdemeanor charge of refusing a chemical test was dismissed. He must also pay $50 for an open container violation.
Text and email messages were sent to Rios on Thursday seeking comment. A telephone message was also left with his lawyer.
Rios’ sentence is consistent with others for similar crimes, said criminal defense attorney Mark Friese, a longtime practitioner of DUI cases. He noted that Rios’ driving privileges will be automatically suspended for 91 days.
“It doesn’t appear that he was treated more harshly than other people in similar situations,” Friese said. “I suspect the judge will recognize that there are multiple entities that will hold Mr. Rios accountable.”
Police body camera footage from the Dec. 15 traffic stop, requested by and provided to the AP, shows Rios cursing an officer, repeatedly questioning his English accent and using homophobic slurs and anti-migrant language. He also said he would call the North Dakota attorney general about the situation. He told the officers that they would “regret picking me because you don’t know who… I am.”
He is facing increasing calls from his party to resign, including the House majority leader and state and local Republican Party officials.
Last week, House Republican Majority Leader Mike Lefor removed him from the Legislature’s interim Judiciary Committee. He said it would not be fair for law enforcement officials to testify before a committee of which Rios is a member. The House-Senate panel meets between legislative sessions to research topics related to law enforcement and the legal system for future or potential legislation.
Rios has said he is “seriously considering all aspects” of his future and plans to seek help for his alcoholism, but he has made no plans to resign. He also previously said he takes responsibility for his “disgusting actions” and apologized “to those I have hurt and disappointed,” including law enforcement officers.
Rios has said he left a Christmas party before police pulled him over.
Rios, who works in an oilfield position doing hydraulic well fracturing, was elected unopposed to a four-year term in the House of Representatives in 2022. Republicans control the House, 82-12.