Millard County deputy killing case unconstitutional

Published on May 01, 2014 at 12:41PM

A Utah man acquitted in state court of fatally shooting a sheriff’s deputy is asking a judge to dismiss the federal charges he faces relating to the same crime, arguing it constitutes double jeopardy. Attorneys for Roberto Miramontes Roman argued in court filings this week that the new case should be dismissed. Double jeopardy, where someone is tried twice for the same offense, is prohibited by the Fifth Amendment. Roman has pleaded not guilty to 11 federal charges he faces, including the intentional killing of a police officer. During a state trial, Roman was acquitted of the aggravated murder of a Millard County deputy during a traffic stop in 2010. Roman has been in prison since October 2012 after he was convicted of evidence tampering and a firearm violation.