UPDATE: Bismarck man accused of police assault with vehicle charged with attempted murder charges
BISMARCK -- Covered in blood from a gunshot wound in his left forearm, Ulises Villalobos-Alvarado reportedly turned himself in at a Brookings, S.D., gas station Thursday night and is now charged with attempted murder for allegedly attempting to run over a Bismarck police officer, who subsequently shot at him.
His arrest came after 9 p.m. Thursday at the gas station along Interstate 29 in Brookings. Bismarck Police Sgt. Mark Buschena said the Brookings County sheriff's deputy who took the report responded to the gas station where another deputy and a Brookings police officer had arrived and were providing medical assistance to the suspect, along with a gas station employee.
Villalobos-Alvarado, 22, was found with no weapons and arrested without incident, then transported by ambulance to a hospital for treatment. He was charged Friday afternoon with felony counts of attempted murder and fleeing a peace officer.
Bismarck police were still looking as of late Friday morning for the vehicle he allegedly fled in east from Bismarck: a white 2002 Subaru Legacy Outback with North Dakota license plate 476BJY.
Police found abandoned the black 2013 Chevrolet Equinox that Villalobos-Alvarado allegedly drove at the officer, about two hours after he reportedly fled from a probationary search around 11 a.m. Thursday at 3221 Montreal St. in Bismarck.
Bismarck police and state parole and probation officers were there conducting the search on a package alleged to contain illicit drugs that may have belonged to the suspect, according to court documents.
Villalobos-Alvarado is on supervised probation until February 2019 for felony simple assault on an emergency worker last year. He also has a Morton County conviction from 2017 for misdemeanor fleeing or attempting to elude a police officer.
Bismarck Police Detective Jerry Stein wrote in his affidavit that officers approached Villalobos-Alvarado as he walked to the Chevy. He allegedly got in and began to back up slowly as officers followed him on foot while commanding him to stop.
Stein wrote that Villalobos-Alvarado then drove forward "while accelerating rapidly and directly towards one of the Bismarck police officers."
He also wrote that the officer was "only a few feet" from the suspect's vehicle.
"This action as described, accounting for the size of the vehicle in combination with the speed in which it was traveling and the close proximity of the officer, was capable of causing the death of that police officer," Stein wrote.
Court documents do not name the officer involved or note that the officer fired a weapon upon the Chevy.
The officer is on administrative leave, per department policy, while the North Dakota Bureau of Criminal Investigation examines the shooting. He was uninjured from the incident.
A Bismarck police press release said Villalobos-Alvarado "is currently in custody in South Dakota." A Brookings County Detention Center roster did not list him as an inmate as of 4:30 p.m. Friday.
Burleigh County Assistant State's Attorney Marina Spahr is prosecuting. No court date has yet been set.
The attempt assault on the officer triggered the state's first use of a Blue Alert, a notification sent in situations such as a suspect at large who has injured or killed a peace officer.
BCI and the North Dakota Department of Emergency