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SALT LAKE CITY — A U.S. District judge declined Tuesday to dismiss federal murder and weapons charges against a man who was acquitted in state court of killing a sheriff's deputy.
Roberto Miramontes Roman asked the court to dismiss the indictment because it amounts to double jeopardy. But Judge David Nuffer said the state and the federal government are allowed to prosecute violations of their laws under the dual sovereignty doctrine.
Regardless of whether the charges are based on the same conduct, they are being pursued under separate legal regimes and are not the same for purposes of double jeopardy, Nuffer wrote.
A jury in state court found Roman not guilty of aggravated murder but convicted him of tampering with evidence and possession of a dangerous weapon in connection with the Jan. 5, 2010, shooting that killed Millard County sheriff's deputy Josie Greathouse Fox, 37.
Roman is serving a 10-year prison term.
A federal grand jury returned an 11-count indictment against Roman in September 2013, including a charge of intentionally killing a local law enforcement officer engaged in the performance of official duties.
