BISMARCK—United States Attorney Timothy Q. Purdon announced that on July 6, 2011, the Eighth Circuit Court of Appeals reversed the dismissal by the United States District Court, District of North Dakota, of an indictment charging domestic assault by a habitual offender against Roman Cavanaugh, Jr., 35, Fort Totten, North Dakota.
In a case of first impression, the Eighth Circuit Court of Appeals held that Cavanaugh’s alleged prior un-counseled convictions in the Spirit Lake Tribal Court for misdemeanor domestic abuse may be used as predicate convictions for the charge in federal court of domestic assault by a habitual offender under 18 U.S.C. § 117.
The indictment in this case alleges that Roman Cavanaugh Jr., who had two prior convictions for domestic abuse in Spirit Lake Tribal Court, committed domestic assault against the mother of his child on July 7, 2008, on the Spirit Lake Reservation and that the alleged victim suffered substantial bodily injury as a result of this domestic assault.
The statutory maximum sentence for domestic assault by a habitual offender is five years’ imprisonment.
Purdon stressed that an indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Richard Friedman, Appellate Section, Criminal Division, United States Department of Justice argued the case on appeal. Assistant United States Attorney Janice M. Morley is prosecuting the case.
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