Mescalero Apache Man Facing Federal Sexual Assault Charge
ALBUQUERQUE – Elroy Duffy, 51, a member and resident of the Mescalero Apache Nation, was arrested on March 7, 2013, on a criminal complaint charging him with sexual assault. Duffy entered a not guilty plea to the complaint yesterday, and this morning a U.S. Magistrate Judge in Las Cruces ordered Duffy detained pending trial.
According to the criminal complaint, Duffy allegedly sexually assaulted a Mescalero Apache woman on Oct. 14, 2012, in a residence located within the Mescalero Apache Reservation. The victim required medical care for the injuries she allegedly sustained as a result of the assault.
Court records reflect that Duffy was in tribal custody from Oct. 18, 2012 until his arrest on federal charges.
If convicted, Duffy faces a maximum sentence of life in prison and will be required to register as a sex offender. Charges in criminal complaints are merely accusations and Duffy is presumed innocent unless found guilty beyond a reasonable doubt.
The case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.