United States v. Ronald Douglas Patillo

431 F.2d 293, 1970 U.S. App. LEXIS 7620
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 20, 1970
Docket13948
StatusPublished
Cited by38 cases

This text of 431 F.2d 293 (United States v. Ronald Douglas Patillo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ronald Douglas Patillo, 431 F.2d 293, 1970 U.S. App. LEXIS 7620 (4th Cir. 1970).

Opinions

CRAVEN, Circuit Judge:

Ronald Douglas Patillo was convicted on two counts of threatening the life of the President of the United States in violation of 18 U.S.C. Section 8711 and was sentenced to terms totaling four years.2 He appeals, and we reverse and remand for a new trial.

I.

The district judge, without a jury, found that Patillo made unlawful threats against President Nixon on two occasions while on duty as a security guard at the Norfolk Naval Shipyard. On the night of May 16, 1969, Patillo and another guard, Herbert N. Cherry, with whom he was only casually acquainted, were riding in a patrol car. Without preamble or explanation, Patillo stated to Cherry: “I’m going to kill President Nixon, and I’m going to Washington to do it.” Neither conversant made further reference that night to the subject of Patillo’s statement. Cherry reported the incident to his supervisor who in turn informed the Secret Service.

On May 22, 1969, a Secret Service agent was secreted in the trunk of a patrol car to be operated by Patillo and Cherry. While on patrol, with the Secret Service agent listening, Cherry engaged Patillo in conversation about the current rioting and about the President’s nomination of a new Chief Justice of the Su[295]*295preme Court. Patillo said that the rioting was bad, but did not reply to Cherry’s inquiries about the Supreme Court. Cherry then asked Patillo if he thought “Mr. Nixon was doing a good job.” Pa-tillo said, “I will take care of him personally.” Cherry asked how Patillo intended to accomplish that. Patillo did not directly respond, but stated that “he would gladly give up his life doing it * * Patillo further declared, in response to another question from Cherry, that getting close to the President would present no problem because “he (Patillo) did not need to get close to him (the President) to do it * * At that point the conversation terminated.

The trial court fully credited Cherry’s testimony and that of the Secret Service agent. Patillo testified that he had no recollection of the May 16 conversation. He contended that he had nothing against President Nixon, that he didn’t vote, that he was not concerned about politics and that he did not make the statement attributed to him by Cherry. As to the May 22 incident, Patillo testified that he remembered a discussion about the riots but that he had not mentioned or referred to President Nixon.

II.

The Supreme Court recently interpreted, for the first time, the statute under which Patillo was convicted. Watts v. United States, 394 U.S. 705, 89 S.Ct. 1399, 22 L.Ed.2d 664 (1969). In a per curiam opinion, the Court held that 18 U.S.C. Section 871(a) is constitut-tional on its face.

The Nation undoubtedly has a valid, even an overwhelming, interest in protecting the safety of its Chief Executive and in allowing him to perform his duties without interference from threats of physical violence. See H. R. Rep. No. 652, 64th Cong., 1st Session (1916). Nevertheless, a statute such as this one, which makes criminal a form of pure speech, must be interpreted with the commands of the First Amendment clearly in mind. What is a threat must be distinguished from what is constitutionally protected speech. 394 U.S. at 707, 89 S.Ct. at 1401.3

In deciding Watts, the Court recognized two major elements in the offense created by Congress in 18 U.S.C. Section 871(a). The first is that there be proved “a true ‘threat’ ”, 394 U.S. at 708, 89 S.Ct. 1399 and the second is that the threat be made “knowingly and willfully”, 18 U.S.C. Section 871(a).

The proof in this case clearly meets the first requirement. Patillo’s statements can be viewed only as true threats. He does not assert that his statements were political hyperbole or mere jest.4 Compare, Watts v. United States, supra, and Alexander v. United States, 418 F.2d 1203 (D.C. Cir. 1969). Instead, his defense was a general denial. His testimony that he was not concerned with politics and that he never voted was offered to make plausible his [296]*296assertion that he did not utter the words —not to mitigate or explain away their apparent meaning. Within the Watts requirement that the defendant’s statement be examined in its full context, Alexander v. United States, 418 F.2d 1203 (D.C. Cir. 1969), it is clear that Patillo’s flat statement without provocation, that he was “going to kill President Nixon ■x- * * ” was a true threat.

Unlike the May 16 threat, the statements of May 22 were uttered in a context of political discussion. However, it was a very brief discussion. Cherry’s first mention of President Nixon triggered the bald statement: “I [Patillo] will take care of him personally.” In view of Patillo’s admitted lack of concern with politics and with regard to the full context of his statements, the inference drawn by the district judge that the May 22 statement was also a true threat cannot be held erroneous.5

III.

We agree with the district judge that the statements made by Patillo were true threats. We must next determine whether the trier of fact properly found that those threats were uttered with the degree of willfulness sufficient for conviction under Section 871(a).

Although recognizing the “willfulness” requirement of Section 871(a), the Watts decision does not resolve a long term controversy over whether “willfulness” means “that a defendant must have intended to carry out his ‘threat’.” 394 U.S. at 707, 89 S.Ct. at 1401. “Some early cases,” the Court observed, “found the willfulness requirement met if the speaker voluntarily uttered the charged words with an apparent determination to carry them into execution. Ragansky v. United States, 253 F. 643, 645 (CA 7th Cir. 1918) (emphasis supplied) ; cf. Pierce v. United States, 365 F.2d 292 (CA 10th Cir. 1966). * * * Perhaps [the Ragansky] interpretation is correct, although we have grave doubts about it. See the dissenting opinion below, [Watts v. United States] 131 U.S.App.D.C. 125, 402 F.2d 676, at 686-693 (Wright, J.)” Watts v. United States, 394 U.S. 705, 708, 89 S.Ct. 1399, 1401, 22 L.Ed.2d 664 (1969).6

Whatever the motivation for the enactment of Section 871(a), see Watts v. United States, 394 U.S. 705, 709, 89 S.Ct. 1399, 22 L.Ed.2d 664 (1969) (Douglas, J., concurring), it is valid as a safety measure to protect the President and to allow him to perform his duties without interference from threats of physical violence.

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Bluebook (online)
431 F.2d 293, 1970 U.S. App. LEXIS 7620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-douglas-patillo-ca4-1970.