ALBUQUERQUE, NEW MEXICO – In a disturbing case of domestic violence, Duane Day, a 25-year-old member and resident of Laguna Pueblo, New Mexico, was sentenced to 51 months in prison followed by three years of supervised release for his assault by strangulation and attempted manslaughter charges.
Day was arrested on May 22, 2014, on a criminal complaint charging him with attempted manslaughter, assault of an intimate partner by strangling, and child abuse. According to the complaint, on May 12, 2014, in Laguna Pueblo within Cibola County, New Mexico, Day assaulted the victim, a Laguna Pueblo woman, by strangling her and causing her to lose consciousness. Day fled the scene of the assault with the victim’s two young children, an 11-month-old and a two-year-old, to a nearby mesa.
Court documents indicate that the victim suffered a severe stroke as a result of the strangulation, which required her to undergo emergency brain surgery to relieve swelling and bleeding in the brain.
Day subsequently was indicted on June 11, 2014, and charged with (1) assaulting an intimate partner by strangling; (2) attempted manslaughter; and (3) endangering the lives and health of two children.
On March 11, 2015, Day pled guilty to Counts 1 and 2 of the indictment. In entering his guilty plea, Day admitted that on May 12, 2014, he assaulted the victim by placing his knee on her neck and placing his hand over her mouth causing her to suffocate. Day acknowledged that he attempted to kill the victim by impeding the victim’s breathing causing her to lose consciousness.
U.S. Attorney Damon P. Martinez commended the FBI, BIA, and Pueblo of Laguna Tribal Police Department on their outstanding investigation of this case and also noted the invaluable work of the Victim Advocates who assisted the victim to reclaim her life as she recuperated from the life-threatening injuries she sustained at the hands of her intimate partner.
“Victim Advocates play a critically important role in violent crime cases,” said U.S. Attorney Martinez. “In addition to assisting victims to obtain the services they require to ease the impact of victimization and to assert their rights in the criminal justice system, they often speak on behalf of victims.”
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA Office of Justice Services, and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney David Adams prosecuted the case.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna.
Defendant: Duane Day
Criminal Charges: Assault by Strangulation, Attempted Manslaughter, Child Abuse
City: Albuquerque, New Mexico
Date: May 22, 2014 (arrest), May 12, 2014 (crime)
Sentence: 51 months in prison followed by three years of supervised release
Related Federal Cases
- Jason K. Thompson, Assault by Strangulation and Assault with a Deadly Weapon, New Mexico 2025 · Texas
- Vernon Poleahla, Involuntary Manslaughter, Assault Resulting in Serious Bodily Injury, New Mexico 2018 · Texas
- Preston Marmolejo, Assault with a Dangerous Weapon, New Mexico 2013 · New Mexico
- Terrence Fred Cachini, Assault Resulting in Serious Bodily Injury, New Mexico 2015 · New Mexico
- Henderson Castillo, Assault with a Dangerous Weapon with Intent to Do Bodily Harm, New Mexico 2015 · Puerto Rico
Key Facts
- State: New Mexico
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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