DAVENPORT – A Minnesota man who interfered with a federal prosecutor while engaged in his official duties was sentenced on May 16, 2013, in federal court in Davenport.
Timothy Demuth, age 51, from Plymouth, Minnesota, was sentenced by United States District Court Judge John A. Jarvey to serve a one-year term of probation. Demuth was also ordered to perform 200 hours of community service; was fined $2000; and was ordered to pay a special assessment of $25.
At the sentencing hearing, Demuth apologized for his actions, including for making physical contact with the Southern District of Iowa (SDIA) Assistant United States Attorney (AUSA) who prosecuted Demuth’s son, Scott Demuth, in SDIA criminal case number 09-CR-00117. Demuth admitted previously that following the sentencing of his son, on February 14, 2011, he bumped shoulders with the AUSA, and then intentionally stepped directly in front of the AUSA, thereby opposing, impeding, intimidating, and interfering with the AUSA as the AUSA attempted to exit the courtroom.
Demuth and his wife both told the court at Demuth’s sentencing hearing that Demuth had not intended to make physical contact with the AUSA. However, the AUSA who prosecuted Demuth’s son described for the court Demuth’s actions in intentionally bumping and “squaring off” against the AUSA.
In sentencing Demuth, Judge Jarvey found the AUSA’s description of the incident to be more credible. The court noted that the offense went to the “integrity of the judicial system,” and that all participants in the criminal justice process, including judges, attorneys, and other court officers, needed to know that they could do their jobs without intimidation. The court stated the offense was therefore “very serious” and could not be excused because Scott Demuth’s sentencing was stressful to the family.
The case was prosecuted by Northern District of Iowa Assistant United States Attorney Richard L. Murphy and was investigated by the United States Marshals Service.