Tomé, New Mexico

From the Valencia County News-Bulletin of September 7, 2007

Two men who were shot charged with felonies

A shooting last week that left two Los Lunas men injured has been determined by deputies to be justified, and the pair are now facing multiple felony counts in connection with the incident.

On Tuesday, Aug. 28, deputies found Arthur Lovato Jr. and Sean Viviani, both 23, suffering from gunshot wounds they received at a house in Tomé. On Friday, Lovato was arrested. Viviani remains in the hospital recovering from his injuries. Deputies say Viviani will be taken into custody after he's released.

Valencia County Sheriff's Detective Sgt. John Gordon said that after speaking to the homeowner, Fred Christanelli, and his wife, Susie, and conducting an investigation into the shooting, deputies determined the shooting was justified and done in self-defense. Christanelli, who police say shot Lovato and Viviani, will not be charged, Gordon said.

Instead, Lovato and Viviani have been charged with a total of 18 felony counts including aggravated burglary, two counts of armed robbery, extortion, attempted criminal sexual penetration, attempted aggravated burglary and several counts of accessory and conspiracy.

Gordon said Lovato, who was shot once in the leg and whose head a bullet grazed, was arrested Friday morning during a court hearing in District Judge John Pope's courtroom.

"We put the arrest warrants out for Mr. Lovato and Mr. Viviani, and we learned that he (Lovato) had a court hearing this morning," Gordon said. "We arrested him, and he gave us a statement."

According to the detective, the Christanellis told deputies a few days after the shooting that they were in debt and were unable to pay their bill.

The person to whom they owed money "sent Viviani and Lovato to collect the $400 debt," Gordon said. "The first time they went over there, Mr. Christanelli wasn't home, and they spoke to his wife, Susie. They left and waited on the ditchbank until the husband returned home about 30 minutes later."

The detective said Lovato and Viviani confronted the couple and demanded the money. Gordon alleged that when the Christanellis told them they didn't have it, Lovato and Viviani went inside and ransacked the house looking for money. They found a little more than $100, the detective said.

"While still in the house, Lovato produced a knife and Viviani a handgun," Gordon said. "They threatened the couple and told them that they needed to get more money."

The detective said when the two men walked outside and into the front yard, Viviani demanded the couple's cell phone, When Fred Christanelli told him no, both men allegedly threatened to sexually assault his wife, Gordon said.

"They (Lovato and Viviani) were approaching the house again when Mr. Christanelli got a gun from inside his house and shot both of them at close range," Gordon said. "At that time, everyone fled the scene,"

Deputies initially believed that the two men left the scene in a car being driven by a third party, but Gordon said he now thinks Lovato was the driver.

"There was no third person," Gordon said. "Mr. Viviani (who was shot in the chest) was afraid he was going to die, demanded to be let out of the car."

Lovato dropped Viviani at a home on Patricio Road and then drove himself to a house where he was staying on N.M. 47. Gordon said when Lovato arrived, an unknown person left in the vehicle.

Neither Fred Christanelli nor his wife, Susie, was injured during the incident.

Lovato is currently being held on a $500,000 cash-only bond at the Valencia County Adult Detention Center in Los Lunas. He is scheduled to appear before Magistrate Tina Gallegos for an arraignment hearing on Monday.