Dad JAMES HAGGERTY has reached a plea deal in the death of his 3-month-old daughter. Dad now admits that he threw the baby into the wall. He is apparently a "career offender" as he has faced charges related to the abuse of a 2-year-old daughter in the past.
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Man accused of killing daughter reaches plea deal
By DAVE CALDWELL, Staff Writer
POSTED: August 27, 2009
A Dunseith man accused of killing his infant daughter in March 2009 in Dunseith has reached a plea agreement with federal prosecutors.
James Haggerty, 24, was suspected of causing the death of his 3-month-old daughter, referred to in federal court documents as "A.B.H.," on March 19. The FBI confirmed a few days later that it was investigating the girl's death as being "suspicious." Also at that time, Rolette County Sheriff Tony Sims said only that he had ordered an autopsy in the baby's death but declined to say anything further due to the case being under the jurisdiction of the federal government.
Dunseith is located near the Turtle Mountain Indian Reservation and is home to numerous enrolled tribal members. Haggerty resided in a housing complex that is on tribal land outside the borders of the reservation but stoll lies within federal jurisdiction.
A federal grand jury returned an indictment on April 8, charging Haggerty with second-degree murder for causing the girl's death "with malice aforethought." Haggerty was also charged with four counts of child abuse for throwing, striking and squeezing A.B.H. An arrest warrant for Haggerty was issued April 10, and he was taken into custody by the FBI on April 13.
Haggerty waived his right to a hearing regarding his detention in the case, agreeing to remain in custody during the disposition of the charges.
A second, superseding indictment was filed in May, adding a fifth count of child abuse, alleging Haggerty struck and threw a 2-year-old girl referred to as "J.H."
Haggerty originally entered pleas of innocent on all six charges, with a jury trial most recently scheduled to begin on Sept. 1 in Minot. However, Haggerty, who is being represented by federal public defender Orell D. Schmitz of Bismarck, reached a plea agreement with prosecutors that was filed Aug. 19.
Haggerty is now scheduled to appear in federal court in Bismarck on Sept. 3 for a change of plea hearing. Pursuant to the plea bargain, Haggerty has agreed to plead guilty to voluntary manslaughter and one count of child abuse.
Court documents state that Haggerty unlawfully killed the girl "without malice and upon a sudden quarrel or heat of passion." Specifically, Haggerty has agreed to admit he threw the baby "against a wall causing traumatic injury to the child which resulted in her death." In addition, Haggerty's agreement states that he "willfully inflicted bodily injury upon his 2-year-old daughter, namely J.H., by striking and throwing" her.
Prosecutors have agreed to recommend that Haggerty be sentenced to 30 years in prison, to be followed by five years of supervised release. Per the plea deal, Haggerty will also be required to pay an unspecified amount of restitution "for any and all loss incurred by the victims of the offenses." Manslaughter carries a federal statutory maximum of life in prison, while the maximum sentence for child abuse is 10 years. Haggerty is classified as a career offender. At the time of the baby's death, he was on probation after serving two stints with the North Dakota Department of Corrections stemming from burglary, theft and escape charges filed in 2003.
Haggerty's sentencing hearing is scheduled for Dec. 7 in Minot.