ROSWELL, N.M. – A southeastern New Mexico prosecutor has resigned after his arrest for aggravated drunken driving and negligent use of a firearm.

The Hobbs News-Sun reports 5th Judicial District Attorney’s Office prosecutor Jonathan Michael Thomas stepped down Saturday after getting arrested Friday in Chaves County.

According to a criminal complaint, a sheriff’s deputy said Thomas was found in a car with a strong odor of alcohol and had bloodshot eyes.

The deputy said Thomas refused to perform field sobriety tests and informed the deputy he had a firearm at his waist.

After his arrest, Thomas also declined to blow into the machine that takes a breath sample, the complaint said.

District Attorney Dianna Luce reported in a news release that Thomas was arrested near Roswell and charged with aggravated driving while under the influence of intoxicating liquor and negligent use of a firearm.

“Mr. Thomas resigned his position on February 29, 2020,” Luce said in her news release. “Our office does not condone drinking and driving and the criminal case has been conflicted to the 9th Judicial District Attorney’s Office for prosecution.”

With the case now under the jurisdiction of the 9th Judicial District in Clovis, Luce said she could not comment about details.

It was not known if Thomas had an attorney.