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STATE OF ALASKA v NAGARUK Click to find out why . . .



Keywords & Phrases
CaseNo: 2NO-S98-545 CRIMINAL, CourtCode: DIS, CourtName: District Court, District: Second, JudgeName: Magistrate Gater, Plaintiff: STATE OF ALASKA, State: AK Alaska, UniqueCaseRef: AK>DIS>2NO-S98-545CRIMINAL, Alaska, Residence, Endnote, Assault, Parents, Alleged Victim, Nagaruk, Floyd Nagaruk, Bail, Crimes, Reasonableness, Protection, Domestic Violence, Alaska Constitution, Second Judicial District, Motion, Household Members, Appearance, Parental Supervision, Community, Evidentiary Hearing, Violations, Consumption, Excessive Bail, Protecting, Imposition, Amendment, Probation , ContentID: 120239545

Case Documents
1 1998-11-25 EFT PENDING FOR RESOLUTION BY THE COURT AFTER BRIEFING AND ARGUMENT
[ see first page and extracted highlights below  ] ItemID: 100048
7 pages
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Total Documents: 1 document , 7 pages
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1 . EFT PENDING FOR RESOLUTION BY THE COURT AFTER BRIEFING AND ARGUMENT

EXTRACTED KEY WORDS
DEFENDANT
ALASKA
RESIDENCE
ENDNOTE
ASSAULT
PARENTS
ALLEGED VICTIM
NAGARUK
FLOYD NAGARUK
BAIL
CRIMES
REASONABLENESS
PROTECTION
DOMESTIC VIOLENCE
ALASKA CONSTITUTION
SECOND JUDICIAL DISTRICT
MOTION
HOUSEHOLD MEMBERS
APPEARANCE
PARENTAL SUPERVISION
COMMUNITY
EVIDENTIARY HEARING
VIOLATIONS
CONSUMPTION
EXCESSIVE BAIL
PROTECTING
IMPOSITION
AMENDMENT
PROBATION

In the District Court for the State of Alaska

Second Judicial District at Nome

State of Alaska, Plaintiff

vs.

Floyd S. Nagaruk, DOB: 9/21/79, Defendant.

Case No. 2NO-S98-545 Criminal

Memorandum Order on Motion

Floyd Nagaruk is charged with assault in the fourth degree on G.M.N. Nagaruk has moved to modify or
trial release, wherein the court ordered him to "not return to the residence of G.N. (see endnote
t made an offer of proof, unopposed by the state, for purposes of this motion. The following facts
 the complaint, and the offer of proof.

At the time of the alleged assault defendant was an 18-year-old who lived with his family in his
s alleged to have resulted from an incident in which defendant, intoxicated, shoved
For that incident, defendant is charged with harassment in case 2NO-S98-546 CR.. Thereafter
d Floyd about his misconduct and was hit on the left ear for his trouble; Floyd is charged herein

G.M.N., the alleged victim, also resided and continues to reside in the family home. Defendant
him to return home. In their opinion he presents no risk of harm to anyone in the household or
ion, as parents they can provide better supervision to prevent consumption of alcohol than can
sides in their home. His brother does not fear further harm and also desires defendant's return to
violations of court-imposed conditions since release on August 28th.

The alleged offense is a "crime involving domestic violence," as defined in AS 18.66.990: assault
SNIPPETS:
  • In the District Court for the State of Alaska
  • Second Judicial District at Nome
  • Floyd S. Nagaruk, DOB: 9/21/79, Defendant.
  • In lieu of an evidentiary hearing, the defendant made an offer of proof, unopposed by the
  • At the time of the alleged assault defendant was an 18-year-old who lived with his family in
  • The assault is alleged to have resulted from an incident in which defendant, intoxicated,
  • G.M.N., the alleged victim, also resided and continues to reside in the family home.
  • His parents wish him to return home.
  • In their opinion, as parents they can provide better supervision to prevent consumption of
  • At arraignment on the harassment and assault charges the undersigned magistrate determined
  • The court set conditions which address the safety of the victim, household members, and the
  • The court agrees that close parental supervision would enhance efforts to discourage and
  • The use of supervision by others, through residence requirements, house-bound curfew, and
  • Alaska's Constitution contains a strong preference for release prior to trial of those
  • See Article I, Sections 11 and 12, Alaska Constitution;
  • There may be a concern for the safety of the victim or other household members which relates
  • In the present case there is no reason to believe that banning defendant from his brother's
  • Courts have generally disapproved of categorical and mechanical rules for imposition of such
  • Although Fourth Amendment concerns differ from those privacy and liberty interests affected
  • Unlike the conditions of probation in Sprague or Oyoghok, the condition here is not
  • Floyd Nagaruk has not been convicted of any crime.
  • That ban is absolute and does not contemplate the weighing by the court of the necessity for
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