St. Michael Man Sentenced for Assaulting a Federal Officer
| U.S. Attorney’s Office January 07, 2010 |
FARGO—Acting United States Attorney Lynn Jordheim announced that on January 7, 2010, Kenneth Lee Demarce, Sr., of St. Michael, North Dakota, was sentenced before United States District Court Chief Judge Ralph R. Erickson on a charge of assaulting a federal officer.
Demarce, Sr., 43, pleaded guilty to the indictment on October 27, 2009. Demarce, Sr. admitted that he kicked and spit in the face of Chief of Police Justin Wendland while being taken into custody on a tribal offense. The incident occurred in February 2009 on the Spirit Lake Indian Reservation.
Chief Judge Erickson sentenced Demarce, Sr. to 42 months’ imprisonment to be followed by three years of supervised release. Demarce, Sr. was ordered to pay a $100 special assessment to the Crime Victim's Fund. A restitution hearing will be held at a later date.
When sentencing Demarce, Sr., Chief Judge Erickson noted that officers are paid to take a lot of risks in this business, however, they aren’t paid to be exposed to diseases because of idiotic conduct of people violently drunk or otherwise under the influence.
The case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Janice M. Morley prosecuted the case.