If you really want to argue this you should at least know what the jury instructions were based on the actual law
1. Elements
To find Mr. Dunn guilty of this offense, you must find that the government
proved each of the following elements beyond a reasonable doubt.
First, Mr. Dunn assaulted, resisted, opposed, impeded, intimidated, or interfered
with Border Patrol Officer Greg Lairmore;
Second, the defendant did such acts forcibly;
Third, that the defendant did that act voluntarily and intentionally; and
Fourth, that the defendant so acted while Agent Lairmore was engaged in, or on
account of, his performance of official duties.
2. Definitions
The term ‘forcibly’ means by use of force. Physical force is sufficient, but actual
physical contact is not required. A person acts forcibly if she threatens or attempts to
inflict bodily harm upon another, with the present ability to inflict bodily harm.
Therefore, a threat to use force at some unspecified time in the future does not satisfy
the forcibly element.2
The term “assault” means (a) an attempt to cause or purposely, knowingly, or
recklessly cause bodily injury to another; or (b) negligently cause bodily injury to
another with a deadly weapon; or (c) attempt by physical menace to put another in fear
of imminent serious bodily injury.
“Bodily injury” means physical pain, illness, or any impairment of physical
condition.
“Serious bodily injury” means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ
Make your best case that a sandwich thrown against a bulletproof vest can cause bodily injury. I would love to see your arguments that would convince 12 people that that sandwich risks bodily injury.
