Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 0:21-cr-00052-SWS
Judge: Judge Scott W. Skravdahl
Court: United States District Court for the District of Wyoming (Laramie County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Cheyenne, Wyoming criminal defense lawyer represented Defendant charged with assaulting a federal law enforcement officer.
Leo Mmichael Duran, 26, of Riverton, Wyoming, indicted for assaulting a federal law enforcement officer.
During the early morning hours of January 23, 2021, security staff at the Wind River Hotel and Casino were in the process of escorting Duran from the premises, and a Bureau of Indian Affairs officer arrived on site to assist. While the officer was placing handcuffs on him, Duran turned on the officer and began throwing punches, causing both he and the officer to fall to the ground. Duran got up and ran away, heading down Highway 789 toward Riverton. The officer made his way back to his patrol vehicle and pursued Duran, finally completing the arrest with the assistance of Fremont County Sheriff Deputies.
“We are extremely proud of BIA Law Enforcement and recognize the dangers they face while protecting the citizens of the Wind River Reservation,” said Acting United States Attorney Bob Murray. “Duran’s actions show his complete disregard for law enforcement and a lack of good decision making. This type of assault is not something we take lightly, and such cases will be prosecuted to the fullest extent of the law.”
“FBI Denver thanks our partners at the Bureau of Indian Affairs, the Fremont County Sheriff’s Office, and the U.S. Attorney’s Office. Law enforcement officers put their lives on the line every day to keep our communities safe. Mr. Duran’s violent response to contact from a federal law enforcement officer jeopardized the officer’s safety and that of the community they serve,” said FBI Denver Special Agent in Charge Michael Schneider. “The FBI stands by our law enforcement partners against violent criminals who pose a threat to the community.”
This crime was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation, with the assistance from Fremont County Sheriff’s Department. The case was prosecuted by Assistant United States Timothy W. Gist.
18 U.S.C. §§ 111(a)(1) and (b) (Assaulting a Federal Officer)
§111. Assaulting, resisting, or impeding certain officers or employees
(a) In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person's term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
Outcome: Defendant was sentenced to 18 months of prison, to be followed by three years of supervised release, for assaulting a federal law enforcement officer. The sentence was imposed by United States District Court Chief Judge Scott W. Skavdahl, after Duran pleaded guilty to the charge on May 14, 2021.