United States v. Kimes
246 F.3d 800 (6th Cir. 2001)
Facts
D is a veteran of the war in Vietnam. D sought treatment at the V.A. Medical Center. D acknowledged thoughts of suicide. Ms. Gerety, a psychology intern, concluded that he did not pose an immediate danger to himself or others, so rather than having him admitted to the hospital, she proposed a 'verbal safety contract.' D promised that if he were about to hurt himself or others he would immediately call Ms. Gerety or come to the V.A. Medical Center emergency room. D moved out of his home and began living in his truck. At noon on March 28, 1999, two V.A. police officers, Craig Dougherty and Pamela Ensor, observed D's truck, with a blanket over the windshield, parked in a back corner of the Medical Center parking lot. Officer Dougherty knocked on the window, asked D what he was doing, and offered assistance. D got out of the truck and slammed the door. He then began yelling at the officers, screaming that he had done nothing wrong and that he wanted to go to the emergency room. Officer Dougherty placed an open hand on his shoulder in an attempt to calm him. An altercation ensued, and D and the two officers fell to the ground. During the struggle, D attempted to remove Officer Dougherty's gun from its holster. D was handcuffed and taken to the V.A. police station. D was questioned and mentioned that he had some tools in his truck and wanted the vehicle to be secured and gave over the keys to the truck so that this could be done. Officer Ensor searched the truck. She did so, which disclosed a bayonet on the floorboard and a filet knife on a seat cushion. Both had blades over three inches long. Officer Ensor removed the knives from the truck before the vehicle was impounded and towed away. D was indicted. He sought to introduce medical evidence regarding his treatment for depression and post-traumatic stress disorder. D's theory was that this prevented him from forming the necessary mens rea to violate 18 U.S.C. § 111(a)(1). The district court held that an assault on a federal officer in violation of § 111 is a general intent crime as to which diminished capacity is not a defense. D then claimed self-defense and was simply responding to a use of excessive force by Officer Dougherty. The jury found D guilty on both counts of the indictment. The district court sentenced him to pay a $600 fine and serve two years of probation on the assault count. D appealed.
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