Jordan Thompson was convicted of assault with a dangerous weapon after prosecutors alleged he entered his estranged wife's military housing at Fort Riley with a gun and threatened to shoot the service member he found with her, telling Joesph Libbrecht to "get the f*** out of the house" or he would shoot. Thompson, a Galena Police Department officer, had driven to the base to retrieve his three-year-old daughter after discovering his wife Jessica Haraughty had lied about working on Thanksgiving and was instead spending the holiday with Libbrecht.
The Tenth Circuit affirmed Thompson's conviction for assault with a dangerous weapon in a special territorial jurisdiction but vacated his 24-month sentence. The court found that the district court plainly erred when it enhanced Thompson's sentence based on his status as a police officer, with the sentencing judge stating that "more is expected of you" and listing "being a law enforcement officer and knowing better than engaging in that conduct" as an aggravating factor.
Thompson had argued for a new trial based on post-trial evidence suggesting Haraughty and Libbrecht colluded to lie about their relationship. The evidence came from Breann McPhaul, who denied ever socializing with the pair despite their trial testimony claiming otherwise. The circuit court rejected this argument, finding Thompson lacked diligence in discovering the evidence.
The case arose from Thompson's rocky marriage to Haraughty, an Army service member. Thompson suspected Haraughty was having an affair with Libbrecht, though both testified at trial that their relationship was a "ruse" to help Haraughty obtain a divorce and that Libbrecht was gay. A jury convicted Thompson of assaulting Libbrecht but acquitted him of charges related to Haraughty.