Assault charges dropped

DAYTON–Charges against a 30-year-old Dayton man alleged to have assaulted a Dayton man last April will be dismissed without prejudice, according to Columbia County Prosecuting Attorney C. Dale Slack.

Reid N. Ngiraswei, 110 S. Pine Street, was arrested by Columbia County Sheriff’s Office deputies after authorities were called to the parking lot of The Club where they found Kristopher Hogoboom, age and address information unavailable, lying on the ground, bleeding from apparent stab wounds on April 26, 2020.

“It was alleged that Mr. Ngiraswei approached two Dayton residents and, in an ensuing altercation, stabbed one individual and punched or slapped another,” Slack stated in a news release this week. “The stabbing victim was flown to Kadlec Regional Medical Center, and suffered grave injuries.”

This case troubled Slack and staff in the Prosecutor’s Office. “Mr. Ngiraswei maintained from the start of the case that he was acting in defense of another individual, a recognized and legal defense to the crime of Assault, but no witnesses at the time saw any situation that Mr. Ngiraswei could have been reacting to,” Slack said.

Following additional investigation by the Prosecutor and Ngiraswei’s defense attorney, “evidence arose to suggest that there was a real possibility (if not probability) that Mr. Ngiraswei legitimately believed that he was acting in defense of another individual. It is not clear if this belief arose out of confusion or because an assault was actually taking place,” Slack said.

“The defense of ‘defense of others’ requires not only a good-faith and rational belief that one is using force to save another from a crime, but also that the force used is necessary to rescue the other person, and proportionate to the force being used against the person one is rescuing,” Slack said. “In this case, although evidence existed to support Mr. Ngiraswei’s belief that he was rescuing another person, the amount of force used was in excess of that needed to accomplish that rescue.

“That being said, the standard range sentence for Assault in the First Degree is 93-124 months, plus an additional 24 months for being armed with a deadly weapon. To proceed to trial and obtain a conviction simply because Mr. Ngiraswei used too much force would, I believe, have resulted in injustice under the circumstances of this case. Mr. Ngiraswei has absolutely no criminal history, is a combat veteran of the U.S. Marine Corps, and has been employed full-time in a useful trade since his honorable discharge,” he said.

“As a result, Mr. Ngiraswei has agreed to abide by conditions during the next two years, including no-contact orders with the two individuals involved and no further charges of crimes against persons. If those terms are abided by, the State will dismiss the charges with prejudice at the conclusion of two years. Mr. Ngiraswei has signed a waiver of speedy trial and the statute of limitations to allow this resolution, and I believe it to be just,” Slack said. “Additionally, Mr. Ngiraswei was held for several days in jail as we investigated the case, which I believe will stick with him and deter any further unwise behavior.”