The case of Marvis Richard Hogan 1974 1977

It took three years for this case to reach a conviction and for this decision to be affirmed after appeal to the Sixth Circuit.   Sheriff Hogan responded to a reckless driving call in Scottville KY.   Larry Blankenship had already parked his car and was proceeding to his trailer at 7:30 pm.  Witnesses claimed that he did not appear drunk or appear to have any unusual behavior. 

Upon arrival Mr. Blankenship and the officer approached each other.  Hogan announced that Mr. Blankenship was under arrest for public intoxication and disorderly conduct (these are misdemeanor offenses that would have had at most a 25 dollar fine at the time).  Hogan claimed Blankenship voiced his refusal to be arrested, doubled his fist and attempted to step away.  Hogan claimed that he hit Mr. Blankenship with a flashlight in self defense.  

The blow was so loud that witnesses stated that it sounded like a gunshot.  Witnesses claimed that Mr. Blankenship had his hands at his side, offered no resistance, was unarmed, made no threatening movements, did not double his fist or attempt to step away at all.  Instead the witnesses essentially stated that the attack was unprovoked and lasted 5-15 seconds.  Hogan was only ordered to serve five years and the statute can impose the death penalty.  After the 1990's the federal minimum sentencing guidelines reduced the judges discretion. Here is 18 USC 242 and 42 USC 1983