Tuesday, March 12, 2013

Navajo Man Sentenced to 166 Months’ Imprisonment for Assault with a Firearm

PHOENIX—On March 4, 2013, Harry McCabe, Sr., 52, of Woodsprings, Arizona, was sentenced by U.S. District Judge James A. Teilborg to a cumulative sentence of 166 months’ imprisonment. McCabe was found guilty by a federal jury on November 29, 2012, of one count of assault with a dangerous weapon, one count of assault resulting in serious bodily injury, and two counts of discharging a firearm during a crime of violence
The evidence at trial showed that the defendant assaulted the victim by firing a .22 caliber rifle at him, causing a bullet wound to the head resulting in serious bodily injury.
At sentencing, Judge Teilborg sentenced McCabe to the mandatory minimum sentence of 120 months’ imprisonment for discharging a firearm during a crime of violence and an additional 46 months’ imprisonment for the assault charges, ordering the 46-month sentence to run consecutive to the defendant’s 120 month sentence of imprisonment.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation. The prosecution was handled by Cassie Bray Woo, Brian E. Kasprzyk, and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.

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