United States v. Cecil Lovell Jackson

Jackson appeals his conviction for assault with a dangerous weapon upon a federal officer in violation of 18 U.S.C. § 111 .

I.

Defendant returned to his home in the early morning hours, intoxicated and badly beaten. He took his rifle and told his wife he intended to seek out his attackers. On his way to the nearby home of his brother, he was intercepted by a tribal policeman, Gerald Little Owl, who identified himself as a police officer, and unsuccessfully attempted to stop defendant. Little Owl radioed for help, followed defendant to his brother’s house, stopped nearby, and turned on the police lights on top of his vehicle as defendant entered the house.

Inside, defendant sought his brother’s assistance in loading the rifle. His brother attempted to persuade the defendant to return home and loaded the bullet clip into the rifle backwards so the rifle would not fire. Defendant removed the clip and left the house.

Meanwhile, a federal agent, Officer Bell, and another officer arrived to assist Little Owl. All three testified they loudly identified themselves as officers while defendant walked in their direction. The officers testified they heard a shot and assumed it was fired…