Arapaho, OK – A New Mexico man faces two felony charges and a misdemeanor following an alleged escape from custody and an altercation at the Custer County Jail.

Elvis Johnathan Toledo, 45, of Pueblo, New Mexico, was charged in Custer County District Court with two counts of assault and battery on a police officer and one count of escape from arrest or detention.

According to a probable cause affidavit, Toledo was being transported from the Custer County Jail to a Clinton hospital for medical treatment on September 22. Authorities allege that while at the hospital, Toledo got up and ran from the emergency room.

A detention officer pursued Toledo and ordered him to stop, according to the affidavit. Toledo was reportedly caught near South 28th Street and Custer Avenue in Clinton and taken back into custody.

The affidavit states that after Toledo was returned to the Custer County Jail, an altercation occurred while detention officers were processing him. Authorities allege Toledo attempted to punch and headbutt one detention officer before striking that officer in the head. Toledo is also accused of punching a second detention officer in the face as officers attempted to restrain him.

Officers eventually took Toledo to the ground and placed him in handcuffs, according to the affidavit.

Prosecutors filed the case September 28. Each felony assault and battery charge carries a possible punishment of up to five years in prison, a fine of up to $500, or both. The misdemeanor escape charge carries a possible punishment of up to two years in jail, a fine of up to $1,000, or both.

The charges are allegations. Toledo is presumed innocent unless and until proven guilty in court.

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