Federal Grand Jury Returns 11-Count Indictment Charging Roman With Killing Local Law Enforcement Officer Engaged In Performance Of Official Duties

            SALT LAKE CITY – A federal grand jury returned an indictment Thursday morning charging Roberto Miramontes Roman, age 41, a citizen of Mexico, with intentionally killing Millard County Deputy Sheriff Josie Greathouse Fox while she was engaged in the performance of her official duties.

            The indictment alleges that Roman, during the commission of, in furtherance of, and while attempting to avoid apprehension, prosecution, and service of a prison sentence for a felony drug violation, intentionally killed Deputy Fox on Jan. 5, 2010.

            The first six counts of the indictment allege distribution of methamphetamine (three counts); possession of a firearm in furtherance of a drug trafficking crime (one count); and carrying a firearm(s) during and in relation to a drug trafficking crime (two counts).

            Roman also faces one count of use, carry and discharge of a firearm in relation to a crime of violence. This count of the indictment relates to the alleged use of an AK-47 in the shooting death of Deputy Fox.

            Two counts of the indictment allege Roman was restricted from possessing firearms under federal law because of a conviction of a crime punishable by imprisonment for a term exceeding one year and his illegal status in the country. The final count of the indictment alleges Roman, who was deported from the United States around Sept. 23, 2005, illegally re-entered the country.

            The potential maximum penalty for each count of distribution of methamphetamine is 20 years in prison, although prosecutors intend to file a notice of intent to seek an increase in the statutory maximum to 30 years.

            The four firearm counts related to the possession of a firearm in furtherance of a drug trafficking offense and the use, carry, and discharge of a firearm during the commission of a drug trafficking offense or a violent crime carry potential penalties of life in prison. The mandatory minimum for possession of a firearm in further a drug trafficking crime and carrying a firearm during and in relation to a drug trafficking crime are also five-year mandatory minimums. The mandatory-minimum for the discharge of a firearm during and in relation to a crime of violence is 10 years. Each conviction following the first one is a mandatory minimum of 25 years. Any of these sentences must run consecutively to any other sentence of imprisonment on other counts.

            The potential penalty for each count of possession of a firearm by a restricted person and re-entering the country after a previous deportation is 20 years.

            The potential maximum penalty for the count alleging intentionally killing a local law enforcement officer engaged in the performance of official duties in this case is life in prison with a statutory mandatory minimum sentence of 20 years.

            Federal prosecutors anticipate Roman will be scheduled for arraignment on the charges in the next few weeks. He is currently serving a state prison sentence.

            Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.

            The case is being prosecuted by the U.S. Attorney’s Office in Utah and investigated by the ATF. U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) also has contributed to the case.