SAN JOSE – United States Attorney Kevin V. Ryan announced that Jay David Hemm was sentenced today to 30 months in federal prison for assaulting two United States Secret Service Agents. This sentence is the result of an investigation by the Secret Service and the San Jose Police Department.
According to the plea agreement, Mr. Hemm admitted that he was attempting to purchase merchandise with a forged check at Nordstrom Rack in San Jose. By coincidence, there were two secret service agents at the store, who examined the check after it did not process correctly through the bank’s computer system. The defendant eventually fled the store and was pursued by the agents. The agents caught up with the defendant, and in a struggle, Mr. Hemm bit one agent on the forearm, drawing blood, and kicked the other agent in the forehead. Due to concerns about possible transmission of HIV, the agents released Hemm, who ran into a nearby apartment complex and was arrested shortly thereafter by the agents and officers of the San Jose Police Department.
Mr. Hemm, 43, of San Jose, was indicted by a federal grand jury on August 31, 2005. Hemm was charged with one count of felony assault in violation of Title 18, United States Code section 111(b) based in part on the bodily injury he inflicted by biting the agent. He was also charged one count of misdemeanor assault in violation of Title 18, United States Code, section 111(a) based on kicking the second agent. Hemm pleaded guilty to both counts on April 10, 2006. Mr. Hemm was additionally charged by the Santa Clara District Attorney’s Office with forgery of various documents and received 12 months in county jail and probation.
The sentence was handed down by U.S. District Court Judge Ronald M. Whyte. Judge Whyte also sentenced the defendant to a three year period of supervised release which included conditions requiring him to submit to drug testing and counseling, and searches of his residence. The defendant has been held in pretrial custody, and will begin serving the sentence immediately.
Gary G. Fry is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Legal Technician Tracey Andersen .
Case #:CR 05-00559 (RMW)
A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.
Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
All press inquiries to the U.S. Attorney’s Office should be directed to Luke Macaulay at (415) 436-6757 or by email at [email protected]