ALBUQUERQUE, N.M. - Duane Day, 31, of New Laguna, New Mexico, and an enrolled member of the Pueblo of Laguna, was sentenced in federal court today to three years in prison for assault with a dangerous weapon resulting in serious bodily harm in Indian Country. Day pleaded guilty on June 18.
According to the plea agreement and other court records, on March 24, 2020, at his father’s home on the Laguna Pueblo, Day became angry that he could not access the internet. He then assaulted his niece by punching, shoving and strangling her twice. The second time, she lost consciousness after he strangled her for a prolonged period. When the victim regained consciousness, he threatened her with a metal hoe.
The victim was later transported to the University of New Mexico Hospital Emergency Room for treatment.
In 2015, Day pleaded guilty and was sentenced to four years in prison followed by three years of supervised released for assault by strangulation and attempted manslaughter. In his plea agreement, Day admitted that on the Laguna Pueblo 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.
Upon his release from prison, Day will be subject to three years of supervised release.
The Violent Crime and Gang Squad of the FBI Albuquerque Field Office and the Bureau of Indian Affairs investigated this case with assistance from the Laguna Police Department. Assistant U.S. Attorney Alexander F. Flores prosecuted the case.
Source: U.S. Department of Justice, Office of the United States Attorneys
