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Defendant Pleads Guilty to Assault in Custody
Kelvin Valentino McDuffie, a 34-year-old man from Supai, Arizona, pleaded guilty to assaulting an in-custody defendant in the Hatfield Federal Courthouse in Portland, Oregon.
According to court documents, on July 26, 2019, Deputy U.S. Marshals escorted McDuffie, along with a female victim and other male and female inmates, into a prisoner elevator inside the federal courthouse. Despite being restrained with handcuffs and a belly chain, McDuffie managed to reach through a chain-link screen and strike the victim’s inner thigh and buttocks through her clothing, with the intent to abuse, humiliate, harass, and degrade the victim, and to arouse and gratify his own sexual desire.
The victim’s dignity was assaulted, but not surrendered, according to U.S. Marshal Russel Burger. ‘In this case, the victim was subjected to abusive sexual contact without permission,’ Burger said. ‘Although her dignity was assaulted, it was not surrendered, and I thank the U.S. Attorney and the victim for their steadfast pursuit of justice.’
U.S. Attorney Billy J. Williams emphasized the importance of prioritizing the safety of incarcerated persons in the custody of the Department of Justice. ‘The U.S. Marshals Service moved quickly to bring this case to our office so it could be swiftly prosecuted,’ Williams said. ‘Assaults on inmates committed with a sexual motive will continue to be prioritized by our office for prosecution.’
McDuffie was in the custody of the U.S. Marshals Service after being arrested in the District of Oregon for an alleged violation of the supervised release that had been imposed following a conviction for assaulting a federal officer in the District of Arizona.
On November 21, 2019, a federal grand jury in Portland returned a two-count indictment charging McDuffie with assault and abusive sexual contact. He pleaded guilty today to assault and will be sentenced on July 7, 2020, before U.S. District Court Judge Marco A. Hernandez. The U.S. Attorney’s Office expects to recommend a sentence of one year and one day in federal prison.
The U.S. Marshals Service and the U.S. Attorney’s Office for the District of Oregon investigated and prosecuted the case. The U.S. Department of Justice and U.S. Attorney’s Office are committed to enforcing the Prison Rape Elimination Act (PREA), which was passed unanimously by Congress and signed into law in 2003.
PREA aims to address a serious public safety, public health, and human rights problem—the incidence of sexual violence in our nation’s confinement facilities. To learn more about PREA, please visit the Bureau of Justice Assistance website at https://bja.ojp.gov/program/prison-rape-elimination-act-prea/overview.
Key Facts
- State: Oregon
- Category: Violent Crime|Sex Crimes
- Source: DOJ Press Release â†â€â€
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