State v. Dykes

EUBANK, Judge.

This appeal raises primarily the issue of the use of appellant’s silence upon being arrested as evidence of his criminal negligence in a subsequent manslaughter trial. It also raises the issue of the federal government’s exclusive criminal jurisdiction over the Gila Bend Air Force Gunnery Range.

Appellant and James Dale McDaniel, previously had organized expeditions to the Gila Bend Gunnery Range, a 2.75 million acre military facility lying south and west of Phoenix, Arizona. The desert-area range is used by United States Air Force planes for shelling and strafing practice and is…