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Date: 09-09-2021
Case Style:
Case Number: Karin J. Immergut
Judge: 3:20-cr-00223-IM
Court: United States District Court for the District of Oregon (Multnomah County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Portland, OR: Assault and battery criminal defense lawyer represented Defendant, Jacob Michael Gaines, age 24, who assaulted a Deputy U.S. Marshal with a construction hammer in Downtown Portland.
“We are very fortunate Mr. Gaines did not severely injure or kill the Deputy U.S. Marshal who confronted him outside the federal courthouse last summer. Assaulting a federal officer with a deadly weapon is a very serious crime and will be handled by our office accordingly,” said Scott Erik Asphaug, Acting U.S. Attorney for the District of Oregon.
“Anyone who assaults or tries to hurt a U.S. Marshals Service employee should expect to be charged. Mr. Gaines could have killed the deputy he struck with a construction hammer, and we’re grateful to the US Attorney’s Office for seeing this case through to its conclusion,” said Peter Cajigal, Acting U.S. Marshal for the District of Oregon.
“We’re pleased to see resolution following the violent acts committed at the Hatfield Courthouse last summer and hope this verdict can help set the stage for peaceful protest conduct in the future,” said Gabriel Russell, Assistant Director for Field Operations, Eastern Zone, Federal Protective Service.
According to court documents, at approximately 1:00am on July 11, 2020, Gaines was observed using a hammer to break through a barricaded entrance at the Hatfield Federal Courthouse. At the time, federal law enforcement personnel were staged inside the courthouse to protect the facility and respond to incidents. After Gaines drove a hole through the plywood barrier, Deputy U.S. Marshals exited the door to prevent him from trespassing into the closed building.
As the marshals were exiting the barricaded door, Gaines struck a Deputy U.S. Marshal three times with the hammer. The deputy deflected the blows to prevent serious injury, but in process was struck in the left shoulder, lower neck, and upper back. While being struck, the deputy managed to hold onto Gaines while other officers handcuffed him and placed him under arrest.
On July 12, 2020, Gaines was charged by criminal complaint with one count of assaulting a federal officer with a deadly weapon. Later, on July 16, 2020, a federal grand jury in Portland indicted Gaines on the same charge. Gaines has been held in custody since his arrest the night of the incident.
Gaines faces a maximum sentence of 20 years in prison, a $250,000 fine and three years’ supervised release. He will be sentenced on December 13, 2021 before U.S. District Court Judge Karin J. Immergut.
The case was investigated by the U.S. Marshals Service and Federal Protective Service. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
18:111(a)(1) and (b) ASSAULT OF A FEDERAL OFFICER
(1)
Outcome: 09/08/2021 53 Plea Agreement as to Jacob Michael Gaines (jy) (Entered: 09/08/2021)
09/08/2021 54 PETITION TO ENTER PLEA OF GUILTY, CERTIFICATE OF COUNSEL, AND ORDER ENTERING PLEA as to Defendant Jacob Michael Gaines. Signed on 9/8/21 by Judge Karin J. Immergut. (jy) (Entered: 09/08/2021)
09/08/2021 55 Minutes of Proceedings: Entry of Plea Hearing before Judge Karin J. Immergut for Defendant Jacob Michael Gaines. Defendant sworn and examined. Defendant advised of rights. Plea Petition and Plea Agreement signed and accepted by the Court. Government summarized charges and terms of plea agreement. Court finds defendant capable and competent to enter plea. Guilty plea entered to the 1-count Indictment. Court finds guilty plea to be knowing and voluntary. ORDER - Presentence Report to be prepared by U.S. Probation. ORDER - Defendant shall remain in custody pending sentencing. Sentencing is set for 12/13/2021 at 10:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. The Court will assume 30 minutes is sufficient for sentencing unless the parties notify the Court 2 weeks in advance that more time will be needed. Simultaneously filed Sentencing Memos are due no later than 12/8/2021 by NOON. If the Sentencing Memos are not received on time or the Court is not advised that none will be filed, sentencing may be rescheduled. Counsel Present for Plaintiff: Christopher L. Cardani and Meredith Bateman. Counsel Present for Defendant: Rosalind M. Lee. (USPO Present: Brad Woermbke) (Court Reporter Jill Jessup) (jy) (Entered: 09/08/2021)
Plaintiff's Experts:
Defendant's Experts:
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