A Pulaski County man accused of shooting at two federal officers will have to wait another day to learn his fate after a jury initially deadlocked on two of the four counts against him Thursday after deliberating for over four hours following two days of testimony.
Testimony grew heated Thursday as Jackie Davidson, 51, of Woodson, took the stand to explain his actions that day.
Davidson is charged with use of a deadly weapon to assault a federal law enforcement officer, attempted murder of a law enforcement officer and two counts of using, brandishing and discharging a firearm during a crime of violence, and could face 40 years or more in prison if convicted on all charges.
On Nov. 16, 2021, prosecutors say, Bureau of Alcohol, Tobacco, Firearms and Explosives Agent James O'Connor and Drug Enforcement Administration task force officer Johnny Sowell were conducting surveillance on a private road adjacent to Woodson Lateral Road and attempted to turn the black SUV they were in around after turning down a narrow, dead-end dirt road. They were driving back toward Woodson Lateral Road when Davidson confronted them with a shotgun and a pistol, firing at them as they passed by and striking the left rear bumper of the SUV.
In testimony on Wednesday, O'Connor and Sowell and described a chaotic scene as the two men fled down the narrow gravel lane as Sowell attempted to get out of the line of fire and to safety.
Davidson testified Thursday that he was sitting in a chair alongside Lee Street, not far from his residence, when he saw a dark-colored SUV drive past in the direction of his home. He said when he got up to walk in that direction, he saw the SUV come back in his direction, saying he had to jump out of the way to avoid getting hit and that he took shelter behind a tree.
Davidson said as the SUV drove back past him toward Woodson Lateral Road, he stepped out and fired once toward the ground with his shotgun, which then jammed. He said he then fired several warning shots. Davidson said a confrontation two days earlier with two men in a similar SUV had made him worried that the men had come back.
"When they drove at me I thought they were going to hit me," Davidson reiterated during cross examination by Assistant U.S. Attorney John Ray White. "I didn't mean to hit the car."
White asked about the near-violent confrontation two days earlier with the two men in the similar-looking SUV.
"You had a gun, correct?" White asked.
"I have a permit to carry one," Davidson said.
Challenging an earlier statement from Davidson that he didn't know the men from the earlier confrontation were armed, White asked about an interview after he was arrested in which Davidson had told an investigator the men were armed.
"A minute ago you said you did not know he had a gun," White said.
"I didn't know he had a gun until he pulled up and pulled it out of his waistband," Davidson said.
White asked if the men had been there to see Abelardo Gonzalez, a suspected methamphetamine trafficker who pleaded guilty to drug conspiracy and is awaiting sentencing in the case.
"I don't know who they was going to see," Davidson said. "I just happened to be standing there when they pulled up."
Asked if he and Gonzalez were friends, Davidson said his involvement with him was limited to trying to keep drug activity off of his property.
"We had an understanding that he wouldn't sell that stuff on my property," he said. "I put a stop to all that stuff out there."
White then asked Davidson if he was aware of drugs being sold by his cousin, Leon Davidson, out of the cousin's residence. As Molly Sullivan, one of Davidson's defense attorneys, objected, Davidson tried to continue.
"Let me answer it," he insisted. "Let me answer it."
U.S. District Judge Lee Rudofsky quieted Davidson as he called for a bench conference, then excused the jury to consider how to deal with the question of Davidson's knowledge of drug trafficking activity on Lee Street.
White defended his line of questioning, saying Davidson's statements regarding his understanding with Gonzalez had created an opening for prosecutors to delve further into his knowledge of the drug conspiracy itself. Davidson was not charged with drug crimes in the indictment.
White said Davidson was a "top five caller" to Gonzalez's cellphone, according to cellphone records obtained by investigators that were cited in obtaining a search warrant for Davidson's residence.
White also said that statements by a confidential source that led to the issuance of the search warrant had implicated Davidson in activities related to drug trafficking and raised a question as to whether Davidson was in the woods that day hunting or acting as a lookout.
"That's a very close question," Sullivan, argued, saying that could lead to more questions beyond the charged conduct.
"What if he asks, 'Did you know somebody who was selling drugs?'" Rudofsky asked.
Sullivan said such questions would be highly prejudicial "and they do tend to go toward other criminal acts."
Rudofsky said, however, that Davidson's answers could lead to other questions about possible uncharged conduct.
"What I'm trying help you avoid," Rudofsky said, "is where Mr. Davidson says he's invoking his Fifth Amendment and I tell him in front of the jury that he can't do that."
"If the questions go toward his involvement ... in other criminal activity, the government can't elicit questions of another crime for which he could take the Fifth for," Sullivan said.
Assistant U.S. Attorney Stephanie Mazzanti said she believed that Davidson had waived his Fifth Amendment right "by blurting out something completely nonresponsive to Mr. White's initial question."
"If he hadn't blurted that out could he still take the Fifth on those questions?" Rudofsky asked.
"I don't think he can," Mazzanti answered. "It still goes to intent and motive as to this case. He's waiving the Fifth as to intent and motive in this case."
"I just want to make sure," Rudofsky said. "If there's a conviction you're going to have to defend it up at the 8th Circuit."
After Davidson's testimony, Sullivan and her co-counsel, Cheryl Barnard, rested their case. Just before 4:30 p.m., after giving the jury final instructions, Rudofsky sent the eight men and four women to the jury room to begin deliberations. At 8 p.m., the jury sent the judge a note saying it had reached a decision on two counts but had deadlocked on the other two counts and asked if it could submit its verdicts "as is" or if it would have to continue to deliberate on the remaining two counts.
At 9 p.m., after the jury had been in deliberations for just over 4½ hours, Rudofsky sent the jury home, telling them to return today at noon to continue.
"If anyone tries to talk to you about this case, walk away and let me know immediately," Rudofsky cautioned the jurors. He also instructed them to avoid any news reports on the trial until after a verdict is reached and the jury is released.