SALT LAKE CITY — A federal appeals courtroom Thursday declined to rehear the case of a Utah man convicted of killing a Millard County sheriff’s deputy, a criminal offense for which he had been acquitted in state courtroom.
The tenth Circuit Courtroom of Appeals dominated in August that the proof from the state trial wasn’t material and its value was “considerably” outweighed by the danger of unfairly prejudicing the government, complicated the issues and misleading the jury.
The courtroom additionally discovered there was sufficient proof for a “rational” jury to seek out Roberto Miramontes Roman guilty of carrying a gun in a drug crime.
Roman, forty six, argued in an attraction that the courtroom erred in excluding evidence from his acquittal in state courtroom. He additionally challenged the sufficiency of the evidence in his conviction for carrying a gun in a drug-trafficking crime.
The 10th Circuit issued a one-sentence denial of his request for a rehearing.
A U.S. District Courtroom jury final yr convicted Roman of fatally capturing Josie Greathouse Fox after a visitors cease in 2010. Jurors also found him discovered responsible of discharging a firearm in connection with a violent crime, three counts of possessing a firearm in the commission of a drug trafficking crime, and three counts of distributing methamphetamine.
A federal decide sentenced him to life in jail.
In August of 2012, a jury in state courtroom discovered Roman not responsible of aggravated murder however convicted him of tampering with evidence and possession of a harmful weapon in connection with the lethal capturing.
The U.S. Lawyer’s Office then sought costs towards Roman in federal courtroom. A federal grand jury returned an 11-rely indictment towards Roman in 2013, including a cost of deliberately killing an area regulation enforcement officer engaged in the efficiency of official duties.
Defense legal professionals argued that the new expenses amounted to double jeopardy. A federal decide and a federal appeals courtroom rejected these claims.