North Dakota v. McGowen
Annotate this CaseJames McGowen, a/k/a James McGowan, appeals from the amended criminal judgment finding him guilty of two counts of simple assault on a corrections officer and ordering $1,855.31 in restitution. McGowen was brought from a holding cell at the Burleigh-Morton County Detention Center into the booking area. McGowen became angry and agitated. The two correctional officers walked around the corner to assist the booking officer, and one tried to restrain McGowen. The officer felt something hit him in the face and believed McGowen punched him. The other officer tackled McGowen to the ground, while McGowen was still attacking the first officer. On the ground, McGowan continued to flail and swing punches. McGowen argues evidence was insufficient to convict him, and the district court abused its discretion by continuing the restitution hearing, and by ordering $1,855.31 in restitution.
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