Navajo Member Sentenced to Seven Years for Assault with a Dangerous Weapon

PHOENIX—U.S. District Judge James A. Teilborg sentenced Darrell Upshaw, 40, of Chambers, Arizona, to 84 months in prison followed by three years’ supervised release for assault with a dangerous weapon. Upshaw was also ordered to pay $18,104.24 in restitution to the Arizona Health Care Cost Containment System.

The assault occurred after Upshaw spent the day with the victim traveling to several locations on the Navajo Nation. Near midnight, Upshaw and the victim had a verbal argument and, in response to a perceived insult, Upshaw shot the victim three times with a .22 caliber rifle. The shots hit the victim in the finger, arm, and abdomen. The victim escaped and Upshaw drove away. The victim walked more than a mile to get help and was eventually airlifted to a Phoenix area hospital for treatment.

The investigation in this case was conducted by the Federal Bureau of Investigation, Gallup Resident Agency. The prosecution was handled by Marnie Hodahkwen, Assistant U.S. Attorney, District of Arizona, Phoenix.

CASE NUMBER: CR-10-08143-PCT-JAT

RELEASE NUMBER: 2010-030(Upshaw)