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Date: 09-08-2016

Case Style: United States of America v. Garnet L. Mabe and Melissa F. Mabe

Case Number: 3:15-cr-05303-RBL

Judge: Ronald B. Leighton

Court: United States District Court for the Western District of Washington (Pierce County)

Plaintiff's Attorney: Ye-Ting Woo and Rebecca Cohen

Defendant's Attorney: Tacoma, WA - Suquamish Tribal Couple Sentenced to Prison for Repeated Physical Abuse of their Colin Fieman for Garnet L. Mabe




Keith A. MacFie for Melissa F. Mabehildren

Six Children under the Age of Eight Removed from Home by Tribal Welfare Workers

A member of the Suquamish Tribe and his wife were sentenced to prison today in U.S. District Court in Tacoma for the repeated physical abuse of two of their six children, announced U.S. Attorney Annette L. Hayes. GARNET L. MABE, 32, of Suquamish, Washington was sentenced to 30 months in prison and three years of supervised release. MELISSA F. MABE, 35, was sentenced to one year in prison and three years of supervised release. Six children have been removed from their care and Suquamish Tribal authorities are working to terminate their parental rights. At sentencing U.S. District Judge Ronald B. Leighton said, “this is a tragic situation. To see two parents who turn on their children and treat them in this fashion is inexplicable…. You robbed your children of their childhood and their trust.”

According to records filed in the case, Suquamish Tribal Child Welfare workers received a complaint reporting abuse of the MABE children in February 2015. Workers went to the home on the Suquamish Reservation and interviewed the children. The two oldest children, ages 8 and 7, had multiple bruises and reported being hit, choked and kicked by their parents. All of the children were removed from the home, and were taken to Seattle Children’s Hospital for further evaluation. The investigation revealed that the children had been choked to the point of passing out; had been poked and cut with knives; had been kicked in the stomach; had been beaten with drumsticks, a back scratcher and metal ladle; and had been punished by being denied food.

The couple was charged federally in May 2015 and was indicted by the grand jury in June 2015. In February 2016 each pleaded guilty to two counts of Assault of a Child Resulting in Substantial Bodily Injury.

The Suquamish Tribal Police, the Suquamish Tribal Child Welfare Department and the FBI investigated the case. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Rebecca Cohen. The case was prosecuted federally as part of the U.S. Attorney’s Office mission to combat crimes of violence in Tribal communities.

Description: Tacoma, WA - Suquamish Tribal Couple Sentenced to Prison for Repeated Physical Abuse of their Children

Six Children under the Age of Eight Removed from Home by Tribal Welfare Workers

A member of the Suquamish Tribe and his wife were sentenced to prison today in U.S. District Court in Tacoma for the repeated physical abuse of two of their six children, announced U.S. Attorney Annette L. Hayes. GARNET L. MABE, 32, of Suquamish, Washington was sentenced to 30 months in prison and three years of supervised release. MELISSA F. MABE, 35, was sentenced to one year in prison and three years of supervised release. Six children have been removed from their care and Suquamish Tribal authorities are working to terminate their parental rights. At sentencing U.S. District Judge Ronald B. Leighton said, “this is a tragic situation. To see two parents who turn on their children and treat them in this fashion is inexplicable…. You robbed your children of their childhood and their trust.”

According to records filed in the case, Suquamish Tribal Child Welfare workers received a complaint reporting abuse of the MABE children in February 2015. Workers went to the home on the Suquamish Reservation and interviewed the children. The two oldest children, ages 8 and 7, had multiple bruises and reported being hit, choked and kicked by their parents. All of the children were removed from the home, and were taken to Seattle Children’s Hospital for further evaluation. The investigation revealed that the children had been choked to the point of passing out; had been poked and cut with knives; had been kicked in the stomach; had been beaten with drumsticks, a back scratcher and metal ladle; and had been punished by being denied food.

The couple was charged federally in May 2015 and was indicted by the grand jury in June 2015. In February 2016 each pleaded guilty to two counts of Assault of a Child Resulting in Substantial Bodily Injury.

The Suquamish Tribal Police, the Suquamish Tribal Child Welfare Department and the FBI investigated the case. The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Rebecca Cohen. The case was prosecuted federally as part of the U.S. Attorney’s Office mission to combat crimes of violence in Tribal communities.

Count: 1-2 Citation: 18:113A.F Offense Level: 4
Assault of a child Resultin in Substantial Bodily Injury 18:113(a)(7) & 1153

Title 18 U.S.C. §113. Assaults within maritime and territorial jurisdiction

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(1) Assault with intent to commit murder, by imprisonment for not more than twenty years.

(2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both.

(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both.

(4) Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both.

(5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both.

(6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both.

(7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.

(b) As used in this subsection—

(1) the term “substantial bodily injury” means bodily injury which involves—

(A) a temporary but substantial disfigurement; or

(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty; and

(2) the term “serious bodily injury” has the meaning given that term in section 1365 of this title.

Title 18 U.S.C. §1153. Offenses committed within Indian country

(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.

(b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.

Outcome: Garnet was sentenced to 30 months in prison and Melissa to one year in prison and three years of supervised release.

Plaintiff's Experts:

Defendant's Experts:

Comments:


Assault and Battery In Indian Country

by
Kent Morlan



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