SALT LAKE CITY (AP) - A Utah man can be tried in federal court for the killing of a sheriff’s deputy despite being acquitted of her murder in state court, prosecutors argued in court documents filed Wednesday.
U.S. Attorney for Utah David Barlow says his office has charged Roberto Miramontes Roman with federal crimes. Despite being based on the same behavior, the crimes are distinct from the charges a state court considered in 2012, Barlow wrote in the court filing.
Roman has asked a judge to dismiss nine of the 11 federal charges he faces related to the 2010 shooting of a Millard County deputy
In court documents, his attorney has argued that the new case constitutes double jeopardy - being tried twice for the same offense. Double jeopardy is prohibited by the Fifth Amendment. Attorney Jeremy Delicino had no comment Thursday on the filing from federal prosecutors.
Roman has pleaded not guilty to the 11 federal charges, including a charge of intentionally killing a police officer, various drugs and weapons charges and illegally entering the country. If convicted, he could face a maximum sentence of life in prison.
Delicino argues that except for the charge of distributing methamphetamine and the illegal entry charge, the other charges involve crimes for which Roman has previously been tried and either acquitted or convicted.
But federal prosecutors say the U.S. Supreme Court has recognized that multiple states or federal governments and a state can prosecute someone for separate crimes based on the same conduct.
During a state trial in August 2012, Roman was acquitted of aggravated murder of deputy Josie Greathouse Fox during a traffic stop.
Roman had initially confessed to killing Fox but professed innocence during his trial.
Roman said Fox’s brother, Ryan Greathouse, shot his sister after the men were smoking meth and then were pulled over by Fox.
While jurors said they found reasonable doubt in the murder charges, they found Roman guilty of tampering with evidence and possession of a dangerous weapon by a restricted person.
He has been serving a prison term of up to 10 years for those convictions.
Ryan Greathouse was found dead in a Las Vegas apartment on April 22, 2010, just a few months after his sister was killed. The Clark County coroner’s office said Greathouse, 40, died of an accidental drug overdose and that he had cocaine, heroin, ethanol and methadone in his system.
Authorities said Greathouse told deputies that he had bought drugs from Roman and another man shortly before his sister was killed.
Delicino argues that until Roman was acquitted of murder, the federal government expressed no interest in prosecuting Roman and is seeking “a do-over.”
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