Federal Inmate Indicted for Assaulting Correctional Officer
SACRAMENTO, CA—A federal grand jury returned a single-count indictment today against Mexican national Cresencio Ochoa-Tovali, 46, charging him with assaulting a federal correctional officer, United States Attorney Benjamin B. Wagner announced.
According to court documents, on July 27, 2014, Ochoa-Tovali, an inmate at the Federal Correctional Institution in Herlong, California, was walking in the recreation yard with a group of inmates when a fight broke out in a different part of the facility. After being alerted to the fight, a correctional officer ordered the group of inmates, including Ochoa‑Tovali, to sit on the ground. The inmates complied. The correctional officer approached Ochoa-Tovali, who suddenly stood up and struck the officer.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
If convicted, Ochoa-Tovali faces a maximum statutory penalty of eight years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.