Department Of Justice News:
ALBUQUERQUE – Duane A. Day, 30, of New Laguna appeared in federal court in Albuquerque May 20 for arraignment on an indictment charging him with assault with intent to commit murder and kidnapping in Indian Country.
A grand jury indicted Day for the offenses May 12. According to the indictment, Day committed the crimes March 24 at a residence in New Laguna, Cibola County, New Mexico. Day allegedly strangled the victim twice, causing her to lose consciousness the second time.
Day allegedly threatened the victim’s life during the assault. When the victim attempted to flee and screamed for help, Day threatened her with a metal garden hoe, directed her to move around as he wished, and would not let her leave or call for help. The victim eventually sent a text message to a family member when Day was not looking and asked the family member to call for help.
Police arrived a short time later and arrested Day. The victim received treatment for her injuries on the scene and at University of New Mexico Hospital.
The Pueblo of Laguna Public Safety Department arrested Day. He is in federal custody pending trial. Day faces up to 20 years in prison if convicted of assault and up to life in prison if convicted of kidnapping. An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
The Albuquerque office of the FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorney Alexander Flores is prosecuting the case.