United States v. Edgar Alvirez, Jr.

I. BACKGROUND

A. The Assault

On November 3, 2009, at the home of Mary Grace Alvirez (Mary Grace), Drametria Havatone (Havatone) discussed the fact that Alvirez, Mary Grace’s son, was not assisting his mother financially. Havatone initiated this conversation in the presence of Alvirez, Mary Grace, Brittany Davis (Davis), Alvirez’s girlfriend and Havatone’s cousin, and Denisha Siyuja (Siyuja). As the discussion progressed, a physical altercation ensued. Davis and Siyuja punched and kicked Havatone as they forcibly and physically removed her from the house.

Having forced Havatone outside, Davis and Siyuja continued the physical assault, eventually knocking Havatone to the ground. While Havatone was prone on the concrete, Alvirez stepped on Havatone’s ankle.

Hualapai Nation Police Officer Michael Williams (Officer Williams) was dispatched to the scene. Finding Havatone lying in the road, Officer Williams asked Havatone if she needed medical assistance, to which she responded affirmatively. Officer Williams called paramedics, who drove Havatone to the Hualapai Mountain Medical Center. She was subsequently transferred to the Kingman Regional Medical Center, where Dr. Emmett McEleney…