United States v. Gregory Alan Morton

Gregory Alan Morton appéals his jury conviction for assaulting a federal officer in violation of 18 U.S.C. § 111 . He presents several issues; we need consider only one. We reverse and remand for a new trial because the district court erred in refusing to instruct the jury on self-defense.

I.

On an April morning in 1992, the U.S. Marshal and San Diego Police raided Morton’s apartment looking for another man with whom Morton had been confused. Attracted by the noise, Morton observed the raid from a neighbor’s house. He then left the house, climbed a fence, and proceeded into an alley.

Two hours later, Morton was walking about two blocks from his apartment when an unmarked car pulled up near him, prompting Morton to run. Deputy Marshal William Sorukas got out of the ear and chased Morton, yelling “police” and “stop.” Sorukas testified that he was in plain clothes and that he was not wearing a badge on his shirt. There is evidence from a San Diego police officer that the area was crime-ridden.

Sorukas caught Morton once, but Morton got away. When Sorukas again caught Morton, the two struggled as Sorukas tried to handcuff him. During the struggle James Bingham, a city worker,…