The defendants were charged with tampering with an official proceeding under 18 U.S.C. § 1512(c) by failing to report the shooting to their supervisors.They argue on a number of grounds that such a failure to act constitutes neither tampering with evidence nor inhibiting an official proceeding, an argument that we conclude has merit.
I’m through about to page 20.
The court makes an extensive discussion of the immunity agreement.
My observation is that the defense was trying to get the court to grant immunity to Davila for the October incident, so that they could get him to testify about it.
If they had succeeded, Davila would still be a free man.
Because the defense failed, Davila was eventually arrested and charged in the October crime.