United States v. Veach

455 F.3d 628 (6th Cir. 2006)

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Nature of the Case

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Facts

D's automobile was involved in a collision with another vehicle in Cumberland Gap National Historic Park. When Park Rangers Greg Mullin and Karen Bradford arrived on the scene, they suspected that D was intoxicated. Field sobriety tests and a portable breath test confirmed those impressions. While D was being arrested, a Ranger was forced to struggle with D, who attempted to pull away and D also pulled one officer 'down to one knee, causing an abrasion on that knee.' During his drive to the station, D stated, 'I'm going to mess with you; if I get a shot at you, God dammit I'll kill you, I will; and I'm going to cut your head off.' D was later transported to a local hospital for treatment of a facial cut, and once there he again threatened to decapitate one of the rangers. On the way back to the detention center, D threatened them once more, saying, 'I will put a fuckin' bullet straight in your fuckin' head. The sheriff won't always be in office, and 15 years later I'll walk up on you . . . . I'm going to drive you'ans all straight to hell.' D maintains that the court erred in granting the government's motion in limine to exclude presentation of a defense of diminished capacity based upon voluntary intoxication. D was convicted of resisting a federal law enforcement officer and threatening to assault and murder a federal law enforcement officer with intent to impede such officer in the performance of official duties.