Not guilty pleas to assault charges

Bond revoked, raised after admitted no-contact violation

Jill Fier, The Brookings Register
Posted 4/28/20

BROOKINGS – A Brookings man accused of assaulting a 4-month-old girl has pleaded not guilty to the charges against him.

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Not guilty pleas to assault charges

Bond revoked, raised after admitted no-contact violation

Posted

BROOKINGS – A Brookings man accused of assaulting a 4-month-old girl has pleaded not guilty to the charges against him.

A Brookings County grand jury indicted Hector Giovanny Munoz Muniz, 27, on two felony counts of aggravated assault on Friday. He entered his not guilty pleas in Brookings County Circuit Court on Monday.

Circuit Judge Dawn Elshere on Monday also revoked and raised Munoz Muniz’s bond, previously set at $7,500 cash or surety. The judge increased Munoz Muniz’s bond to $10,000 cash-only after he admitted to coming into contact with the girl on April 17, violating a condition of his bond a week after he posted it.

Brookings County State’s Attorney Dan Nelson said law enforcement was called to a Brookings residence on April 17, where Munoz Muniz had been in contact with a woman and the child.

Nelson said Munoz Muniz knew the woman and child were there and purposely went to the residence. Nelson said he believes Munoz Muniz is a danger to the community and a flight risk and requested that bond be raised to $25,000 cash-only.

Defense attorney Ellie VandenBerg said her client went to the residence to get some clothing, as he had been staying in Flandreau. He knows he made a mistake, has learned his lesson and will never do it again, she said.

VandenBerg said her client was not a flight risk, would never harm or leave his family, and that he has a job offer waiting for him in the area. She asked that bond be reinstated at $7,500 cash or surety.

After considering his ties to the community, Elshere said she found there is a flight risk and revoked and raised Munoz Muniz’s bond. Having no contact with the child remains a condition of the bond.

A probable cause statement from Brookings Police says that on April 3, police were called to the Brookings ER for a report of a baby with a spiral fracture to the right humerus.

An exam found the arm fracture and a fracture on the right side of the girl’s skull, the statement says.

The probable cause statement alleges Munoz Muniz admitted to punching the right side of the girl’s head on or about March 14 and grabbing the girl by her arm and pulling her out of her pack and play with force on or about April 2.

The charges are both Class 3 felonies, each punishable by up to 15 years in prison and a $30,000 fine.

After accepting Munoz Muniz’s not guilty pleas, Elshere scheduled a jury trial for July 15.

Munoz Muniz remained in custody at the Brookings County Detention Center as of Monday evening.

Contact Jill Fier at jfier@brookingsregister.com.