Two Polacca Men Indicted for Murder on Hopi Reservation
|U.S. Attorney’s Office November 19, 2010|
PHOENIX—A federal grand jury in Phoenix returned a one count indictment this week against Gene Austin, 30, and Calvin Masaquaptewa, 22, both of Polacca, Arizona, for second degree murder.
The indictment alleges that on or about October 14, 2010, within the confines of the Hopi Indian Reservation Austin and Masaquaptewa, deliberately and intentionally murdered an adult Indian male victim.
Both men are in the custody of the United States Marshals Service and will be arraigned on Wednesday, November 23 at 10:00 a.m. before Judge Lawrence O. Andrews in Phoenix.
A conviction for second ddegree murder carries a sentence of up to life in prison, a $250,000 fine or both. In determining an actual sentence, Judge G. Murray Snow will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The prosecution is being handled by Brian E. Kasprzyk, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-10-08212
RELEASE NUMBER: 2010-250(Austin & Masaquaptewa)