NAVAJO MAN CONVICTED OF ASSAULT AND DISCHARGING A FIREARM IN A CRIME OF VIOLENCE

PHOENIX – On Nov. 29, 2012, a federal jury in Prescott, Ariz., found Harry McCabe, Sr., 51, of Ganado, Ariz., guilty of one count of assault with a dangerous weapon, one count of assault resulting in serious bodily injury, and two counts of discharging a firearm in a crime of violence. The case was tried before U.S. District Judge James A. Teilborg from Nov. 27 through Nov. 29, 2012. McCabe  is being held in custody pending sentencing, which is set before Judge Teilborg on Feb. 20, 2013.

The evidence at trial showed that McCabe assaulted the victim on the Navajo Nation by firing a .22 caliber rifle at him, causing a bullet wound to the head. The bullet caused serious bodily injury to the victim.

Convictions for assault with a dangerous weapon and assault resulting in serious bodily injury carry maximum penalties of 10 years in federal prison, a $250,000 fine, or both. A conviction for discharging a firearm in a crime of violence carries a mandatory minimum sentence of 10 years in federal prison, a $250,000 fine, or both.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigation. The prosecution is being conducted by Assistant U.S. Attorneys Cassie Bray Woo and Brian Kasprzyk, District of Arizona, Phoenix.

CASE NUMBER:                   CR-12-8135-PCT-JAT
RELEASE NUMBER:            2012-228(McCabe)

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az