United States v. Thomas Jerome Dillon, 870 F.2d 1125 (6th Cir. 1989). · Go Syfert
United States v. Thomas Jerome Dillon, 870 F.2d 1125 (6th Cir. 1989). Cases Citing This Book View Copy Cite
117 citation events (94 in the last 25 years) across 15 distinct courts.
Strongest positive: State v. Kelly (conn, 2001-05-08)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Kelly
Conn. · 2001 · quote attribution · 1 verbatim quote · confidence high
the mental crisis that precipitates flight may fail to occur immediately after the crime, only to erupt much later, when the defendant learns that he or she is charged with the crime and sought for it
discussed Cited as authority (quoted) United States v. Antonio Perez-Martinez (2×) also: Cited as authority (rule)
6th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
a guilty defendant is almost as unequivocally put on notice of his peril by a convicted co- conspirator who is on the verge of testifying . . . about their common crime.
cited Cited as authority (rule) State v. Sanchez-Sanchez
unknown court · 2022 · confidence medium
Appx. 422 (6th Cir.2020), quoting United States v. Dillon, 870 F.2d 1125, 1127 (5th Cir.1989).
discussed Cited as authority (rule) Cultrona v. Warden Correctional Reception Center
S.D. Ohio · 2022 · confidence medium
Simply because Cultrona was not charged with escape does not make Hand any less applicable. "[F]light may be proven where it occurs after any event which would tend to spark a sharp impulse of fear of prosecution or conviction.in a guilty mind." State v. Jeffries, 182 Ohio App.3d 459,477 , 913 N.E.2d 493 , (11th Dist. 2009) quoting United States v. Dillon, 870 F.2d, 1125, 1128 (C.A.6, 1989).
discussed Cited as authority (rule) Cultrona v. Warden Correctional Reception Center
S.D. Ohio · 2022 · confidence medium
Simply because Cultrona was not charged with escape does not make Hand any less applicable. “[F]light may be proven where it occurs after any event which would tend to spark a sharp impulse of fear of prosecution or conviction in a guilty mind.” State v. Jeffries, 182 Ohio App.3d 459, 477 , 913 N.E.2d 493 , (11th Dist. 2009) quoting United States v. Dillon, 870 F.2d, 1125, 1128 (C.A. 6, 1989). *5 {¶ 37} Under the circumstances presented here, we conclude the trial court did not abuse its discretion in adopting the state's flight instruction.
discussed Cited as authority (rule) State v. Cultrona
Ohio Ct. App. · 2020 · confidence medium
Simply because Cultrona was not charged with escape does not make Hand any less applicable. “[F]light may be proven where it occurs after any event which would tend to spark a sharp impulse of fear of prosecution or conviction in a guilty mind.” State v. Jeffries, 182 Ohio App.3d 459, 477 , 913 N.E.2d 493 , (11th Dist. 2009) quoting United States v. Dillon, 870 F.2d, 1125, 1128 (C.A.6, 1989). {¶ 37} Under the circumstances presented here, we conclude the trial court did not abuse its discretion in adopting the state's flight instruction.
discussed Cited as authority (rule) United States v. William Howell (2×)
6th Cir. · 2019 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir. 1989) (citing United States v. Myers, 550 F.2d 1036, 1049 (5th Cir. 1977)).
examined Cited as authority (rule) Amended June 30, 2016 State of Iowa v. John Arthur Wilson (4×) also: Cited "see", Cited "see, e.g."
Iowa · 2016 · confidence medium
Consequently, the inferential chain connecting an act of flight to guilt for the crime charged can reasonably be drawn only when the timing of the act suggests “the sudden onset or the sudden increase of fear in the defendant’s mind that he or she will face apprehension for, accusation of, or conviction of the crime charged.” United States v. Dillon, 870 F.2d 1125, 1128 (6th Cir. 1989); see United States v. Akers, 215 F.3d 1089 , 1102–03 (10th Cir. 2000).
examined Cited as authority (rule) State of Iowa v. John Arthur Wilson (8×) also: Cited "see", Cited "see, e.g."
Iowa · 2016 · confidence medium
Consequently, the inferential chain connecting an act of flight to guilt for the crime charged can reasonably be drawn only when the timing of the act suggests “the sudden onset or the sudden increase of fear in the defendant’s mind that he or she will face apprehension for, accusation of, or conviction of the crime charged.” United States v. Dillon, 870 F.2d 1125, 1128 (6th Cir. 1989); see United States v. Akers, 215 F.3d 1089 , 1102–03 (10th Cir. 2000).
discussed Cited as authority (rule) State v. Mason
Ohio Ct. App. · 2015 · confidence medium
It is reserved for the jury to determine “how much weight should be given to such evidence.” United States v. Dillon, 870 F.2d 1125, 1126 (C.A.6, 1989) (Citation omitted). “[A] jury instruction on flight is appropriate if there is sufficient evidence in the record to support the charge.” (Citation omitted.) Davilla, 2004-Ohio-4448, at ¶12 . {¶22} Mason directs our attention to State v. Norwood, 11th Dist.
cited Cited as authority (rule) United States v. Keylon Weaver
6th Cir. · 2015 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
cited Cited as authority (rule) United States v. Quavon Peterson
6th Cir. · 2014 · confidence medium
Appellant’s Br. at 14-15 (citing United States v. Dil *356 lon, 870 F.2d 1125, 1126 (6th Cir.1989) and Wong Sun v. United States, 371 U.S. 471 , 483 n. 10, 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963)).
cited Cited as authority (rule) United States v. Kevin Dye
6th Cir. · 2013 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
discussed Cited as authority (rule) Mears v. McCulley
N.D. Ala. · 2012 · confidence medium
Most Circuits — including the Eleventh — • admit evidence of flight to demonstrate a “consciousness of guilt,” or "as an admission of guilt by conduct.” See, e.g., United States v. Frazier, 387 F.3d 1244 , 1266 n. 20 (11th Cir.2004) (en banc) (“Frazier's long and harrowing flight from the police — at speeds up to 100 miles per hour — was strong evidence of consciousness of guilt.”); United States v. Blakey, 960 F.2d 996, 1000 (11th Cir.1992) (evidence of flight admissible to demonstrate consciousness of guilt and thereby guilt itself) (citing United States v. De Parias, 805…
discussed Cited as authority (rule) United States v. Russell (2×)
7th Cir. · 2011 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1128 (6th Cir.1989) (emphasis in original).
cited Cited as authority (rule) United States v. Walter Wilson
6th Cir. · 2010 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
discussed Cited as authority (rule) Parker v. Renico
6th Cir. · 2007 · confidence medium
Id. at 1126 (“[W]e have consistently doubted the probative value in criminal trials of evidence that the accused fled the scene of an actual or supposed crime.” (quoting Wong Sun v. United States, 371 *451 U.S. 471, 483 n. 10, 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963))).
discussed Cited as authority (rule) Parker v. Renico
6th Cir. · 2007 · confidence medium
Id. at 1126 (“[W]e have consistently doubted the probative value in criminal trials of evidence that the accused fled the scene of an actual or supposed crime.” (quoting Wong Sun v. United States, 371 U.S. 471 , 483 n.10 (1963))).
cited Cited as authority (rule) United States v. Cook
6th Cir. · 2004 · confidence medium
United States v. Gaitan-Acevedo, 148 F.3d 577, 588 (6th Cir.1998); United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
discussed Cited as authority (rule) United States v. Darwin Jay Copeland Anthony Antoine Hartwell
6th Cir. · 2003 · confidence medium
United States v. Okayfor, 996 F.2d 116, 120 (6th Cir.1993) (“Okayfor’s possession of the counterfeit alien registration card was relevant evidence concerning Okayfor’s consciousness of guilt....”); United States v. Copeland, 51 F.3d 611, 617 (6th Cir.1995); United States v. Dillon, 870 F.2d 1125, 1128 (6th Cir.1989) (evidence of attempt to evade arrest is relevant to demonstrate a defendant’s “guilty consciousness.”).
discussed Cited as authority (rule) Thomas v. State
Md. · 2002 · confidence medium
In the context of flight as consciousness of guilt evidence, the United States Court of Appeals for the Fifth Circuit reasoned that the probative value of the evidence “depends upon the degree of confidence with which four inferences can be drawn: (1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.” *353 United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977); s…
discussed Cited as authority (rule) United States v. Darwin Jay Copeland Anthony Antoine Hartwell
6th Cir. · 2002 · confidence medium
United States v. Okay-far, 996 F.2d 116, 120 (6th Cir.1993) (“Okayfor’s possession of the counterfeit alien registration card was relevant evidence concerning Okayfor’s consciousness of guilt....”); United States v. Copeland, 51 F.3d 611, 617 (6th Cir.1995); United States v. Dillon, 870 F.2d 1125, 1128 (6th Cir.1989) (evidence of attempt to evade arrest is relevant to demonstrate a defendant’s “guilty consciousness.”).
cited Cited as authority (rule) United States v. Smith
6th Cir. · 2001 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir. 1989).
examined Cited as authority (rule) United States v. Burnette (3×)
6th Cir. · 2001 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
discussed Cited as authority (rule) Smith v. United States (2×)
D.C. · 2001 · confidence medium
Myers, supra, 550 F.2d at 1049 ; see also United States v. Hankins, 931 F.2d 1256, 1261-62 (8th Cir.1991) (applying the Myers inquiry and holding evidence of defendant's escape from jail was properly admitted); United States v. Dillon, 870 F.2d 1125, 1126-27 (6th Cir.1989) (applying the Myers inquiry and noting that the Fourth, Seventh, Eighth, Ninth, and Eleventh Circuit Courts of Appeals have recognized that test).
cited Cited as authority (rule) United States v. Elias Gaitan-Acevedo (95-1616) Paul Free (95-1694) Leonarda Oropeza Arechiga (95-1758) Charles Crehore (95-1764)
6th Cir. · 1998 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
discussed Cited as authority (rule) United States v. Skeddle (2×) also: Cited "see"
N.D. Ohio · 1997 · confidence medium
Spoliation evidence of this type includes evidence of threatening or bribing a witness, id.; fleeing from prosecution, United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989), and destruction or suppression of evidence, United States v. Battista, 646 F.2d 237, 244 (6th Cir.1981). *1077 Few courts have analyzed the theory of logical relevance underlying admission of alteration evidenced.
discussed Cited as authority (rule) State v. Pharr
Conn. App. Ct. · 1997 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir. 1989). ‘Before evidence is allowed to be given, the court must also consider whether its prejudicial tendency outweighs its probative value.’ . . .
examined Cited as authority (rule) United States v. Oliver Underwood and Gerald K. Underwood (3×) also: Cited "see"
6th Cir. · 1996 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989).
cited Cited as authority (rule) United States v. Derrick Carter
6th Cir. · 1995 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir.1989).
cited Cited as authority (rule) State v. Jones
Conn. · 1995 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir. 1989).
discussed Cited as authority (rule) United States v. Floyd Mayweather, Carlos Montoya, Angel Miyares, Marcus Manning, and Duncan Martin
6th Cir. · 1995 · confidence medium
United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989). "[T]he probative value of flight evidence 'depends upon the degree of confidence with which four inferences can be drawn: (1) from the defendant's behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.' " Id. at 1127 (quoting United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977).
discussed Cited as authority (rule) United States v. Maddox
6th Cir. · 1993 · confidence medium
Flight evidence is probative of guilt where the jury could reasonably draw four inferences from the evidence: 19 "... (1) from the defendant's behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged." 20 United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir.1989), quoting United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed.2d 149 (1978).
discussed Cited as authority (rule) United States v. Maddox
6th Cir. · 1991 · confidence medium
Flight evidence is probative of guilt where the jury could reasonably draw four inferences from the evidence: “... (1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.” United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir.1989), quoting United States v. Myers, 550 F.2d 1036, 1049 (5th Cir. 1977), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed.2d 149 (1978).
cited Cited "see" United States v. Bryan Douglas Conley
6th Cir. · 2025 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir. 1989).
discussed Cited "see" United States v. Sirshun Burris
6th Cir. · 2021 · signal: see · confidence high
See United States v. Dye, 538 F. App’x 654 , 664–65 (6th Cir. 2013) (“Evidence of flight that has probative value is admissible as evidence of guilt, and the jury may decide how much weight to give it.”) (citing United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir. 1989)); see also Lowe, 795 F.3d at 522–23 (“Circumstantial evidence alone is sufficient to sustain a conviction and such evidence need not remove every reasonable hypothesis except that of guilt.”) (citation and internal quotation marks omitted).
discussed Cited "see" United States v. Travis Suggs (2×)
6th Cir. · 2020 · signal: see · confidence high
See Dillon, 870 F.2d at 1128 ; see also Wardlow, 528 U.S. at 124 .
cited Cited "see" State v. Colston
Ohio Ct. App. · 2020 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125 (6th Cir.1989).
cited Cited "see" State v. Hill
Ohio Ct. App. · 2018 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125 (6th Cir.1989).
cited Cited "see" State v. Dorsey
Ohio Ct. App. · 2015 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125 (6th Cir. 1989).
discussed Cited "see" United States v. Kenneth White
6th Cir. · 2013 · signal: see · confidence high
See Dillon, 870 F.2d at 1129 (holding that because the district court did not abuse its discretion in admitting evidence of flight, such a conclusion “forecloses any argument” that the district court erred in deciding to give a flight instruction).
discussed Cited "see" United States v. Ross
E.D. Mich. · 2008 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125, 1127 (6th Cir.1989) (considering evidence of flight, and observing that “the probative value of flight evidence depends upon the degree of confidence with which four inferences can be drawn: (1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged” (internal quotations omitted)).
cited Cited "see" State v. Smith, Unpublished Decision (10-19-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See United States v. Dillon (C.A.6, 1989), 870 F.2d 1125 .
discussed Cited "see" State v. French, 2006 Ca 00289 (8-27-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See United States v. Dillon (C.A.6, 1989), 870 F.2d 1125 . {¶ 42} "A decision as to whether to issue a flight instruction rests within the sound discretion of the trial court and will not be reversed absent an abuse of discretion.
cited Cited "see" State v. Villa, Unpublished Decision (9-5-2006)
Ohio Ct. App. · 2006 · signal: see · confidence high
See United States v. Dillon (C.A.6, 1989), 870 F.2d 1125 .
discussed Cited "see" State v. Sines, Unpublished Decision (4-17-2006)
Ohio Ct. App. · 2006 · signal: see · confidence high
See United States v. Dillon (C.A.6, 1989), 870 F.2d 1125 . {¶ 43} A decision as to whether to issue a flight instruction rests within the sound discretion of the trial court and will not be reversed absent an abuse of discretion.
discussed Cited "see" Brown v. Palmer
6th Cir. · 2006 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir. 1989) (holding that evidence of flight from law enforcement is admissible to prove guilt).
cited Cited "see" Jason Brown v. Carmen Palmer
6th Cir. · 2006 · signal: see · confidence high
See United States v. Dillon, 870 F.2d 1125, 1126 (6th Cir.1989) (holding that evidence of flight from law enforcement is admissible to prove guilt).
cited Cited "see" State v. Johnson, Unpublished Decision (3-18-2005)
Ohio Ct. App. · 2005 · signal: see · confidence high
See United States v. Dillon (C.A.6, 1989), 870 F.2d 1125 .
cited Cited "see" State v. Davilla, Unpublished Decision (8-25-2004)
Ohio Ct. App. · 2004 · signal: see · confidence high
See United States v. Dillon (C.A. 6, 1989), 870 F.2d 1125 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Thomas Jerome DILLON, Defendant-Appellant
88-3226.
Court of Appeals for the Sixth Circuit.
Mar 27, 1989.
870 F.2d 1125
1989 U.S. App. LEXIS 3833
1989 WL 27448
William E. Hunt, Cincinnati, Ohio, for plaintiff-appellee., Frederick L. Baker, Westerville, Ohio, for defendant-appellant.
Merritt, Milburn, Lively.
Cited by 71 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Sixth Circuit (1)
MERRITT, Circuit Judge.

Appellant Thomas J. Dillon was indicted for, and convicted of, various drug offenses: 21 U.S.C. § 841(a)(1) (distribution of cocaine); 21 U.S.C. § 846 (conspiracy to possess cocaine with intent to distribute it); 21 U.S.C. § 843(b) (use of telephone to facilitate the crimes of conspiracy and distribution). He appeals on two grounds: (1) that the District Court erred by admitting evidence of his flight and by giving the jury an instruction on flight; and (2) that the District Court erred when it refused to exclude a juror when it appeared that her husband was attending the trial. Because we see no reason to find error in either matter, we affirm Dillon’s conviction.

EVIDENCE OF FLIGHT

Flight evidence comes in as an admission of guilt by conduct. Cleary, McCormick on Evidence § 271, at 803 (3d ed.1984). The Supreme Court has expressed scepticism as to its value:

[W]e have consistently doubted the probative value in criminal trials of evidence that the accused fled the scene of an actual or supposed crime. In Alberty v. United States, 162 U.S. 499, 511, [16 S.Ct. 864, 868, 40 L.Ed. 1051 (1896)] this Court said: “... it is not universally true that a man, who is conscious that he has done a wrong, ‘will pursue a certain course not in harmony with the conduct of a man who is conscious of having done an act which is innocent, right and proper,’ since it is a matter of common knowledge that men who are entirely innocent do sometimes fly from the scene of a crime through fear of being apprehended as the guilty parties, or from an unwillingness to appear as witnesses. Nor is it true as an accepted axiom of criminal law that ‘the wicked flee when no man pur-sueth, but the righteous are as bold as a lion.’ ”

Wong Sun v. United States, 371 U.S. 471, 483 n. 10, 83 S.Ct. 407, 415 n. 10, 9 L.Ed.2d 441 (1963). Where evidence of flight has genuine probative value, however, it is “generally admissible as evidence of guilt, and ... juries are given the power to determine ‘how much weight should be given to such evidence.’ ” United States v. Touchstone, 726 F.2d 1116, 1119 (6th Cir.1984) (quoting United States v. Craig, 522 F.2d 29, 32 (6th Cir.1975)). The task for a District Court in determining whether to admit evidence of flight, thus, is to determine whether the proferred evidence in fact tends to prove guilt and not merely the terror that may befall an innocent person confronted by the criminal justice system, and whether the evidence, even if probative of guilt, is so prejudicial that its admission offends Fed.R.Evid. 403. Our task is to review those determinations for an abuse of discretion. United States v. Hernandez-Bermudez, 857 F.2d 50, 53 (1st Cir.1988); United States v. Lepanto, 817 F.2d 1463, 1467 (10th Cir.1987).

The Fifth Circuit has devised a four-step analysis of flight evidence that, as[*1127] many courts have recognized, allows an orderly inquiry into the inferences proposed by evidence of flight. United States v. Kord, 836 F.2d 368, 372 (7th Cir.), cert. denied — U.S. -, 109 S.Ct. 72, 102 L.Ed.2d 49 (1988); United States v. Guerrero, 756 F.2d 1342, 1347 (9th Cir.), cert. denied sub nom. Booth v. United States, 469 U.S. 934, 105 S.Ct. 334, 83 L.Ed.2d 270 and sub nom. Kessler v. United States, 469 U.S. 934, 105 S.Ct. 334, 83 L.Ed.2d 270 (1984); United States v. Ramon-Perez, 703 F.2d 1231, 1232 n. 1 (11th Cir.), cert. denied 464 U.S. 841, 104 S.Ct. 136, 78 L.Ed.2d 130 (1983); United States v. Beahm, 664 F.2d 414, 420 (4th Cir.1981); United States v. Peltier, 585 F.2d 314, 323 (8th Cir.1978), cert. denied 440 U.S. 945, 99 S.Ct. 1422, 59 L.Ed.2d 634 (1979); United States v. Jackson, 572 F.2d 636, 639 (7th Cir.1978). According to this formulation, the probative value of flight evidence

depends upon the degree of confidence with which four inferences can be drawn: (1) from the defendant’s behavior to flight; (2) from flight to consciousness of guilt; (3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and (4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.

United States v. Myers, 550 F.2d 1036, 1049 (5th Cir.1977), cert. denied 439 U.S. 847, 99 S.Ct. 147, 58 L.Ed.2d 149 (1978). All four inferences must be “reasonably] supported]” by the evidence. Myers, 550 F.2d at 1050.

In the present case, Dillon was charged with, and convicted of, supplying Edward Knezevich with cocaine between December 1982 and March 26,1983. Knezevich obtained a pound of cocaine from Dillon on the latter date and sold it, through a pre-arranged deal, to Sheila Bezotsky. Bezotsky was cooperating with the FBI, and Knezevich was arrested when he delivered the cocaine to her. All those events took place in Columbus, where Dillon then lived.

Knezevich was eventually convicted for his role in this deal. After his conviction he was subpoenaed to testify before a Grand Jury. On December 19, 1984, Knezevich told Dillon that he would testify the next day before a Grand Jury, and that he intended to tell the truth about Dillon’s role in the cocaine deal. Tr. 11-82. Kneze-vich also testified that, as part of his agreement with the government, he would attempt to contact Dillon, wearing a hidden tape recorder, on December 20; that he had tried to find Dillon; and that he had failed to find him. Tr. 11-82-83.

Dillon’s ex-wife testified that Dillon did not keep his engagement to take custody of their children, on Christmas day. Tr. IV-29-30. She also testified that, ever since that day and for the next two years, Dillon contacted her only by phone, and that she had no way of knowing whether he was in Columbus or not. Tr. IV-32-33.

Dillon was arrested in Florida in June 1987. The FBI agent who arrested him testified that he was living there under an assumed name. Tr. IV-36-37. There is no evidence that he denied to the FBI agent arresting him that he was Thomas Dillon. He was indicted on the present charges on July 30, 1987.

At trial, the government attempted to prove that Dillon had fled Columbus after learning about Knezevich’s planned Grand Jury testimony, and that such a flight proved Dillon’s awareness of his guilt of the crimes charged. Dillon preserved his appeal from the admission of evidence of flight by timely objections at trial. He seeks to persuade this Court that his departure from Columbus came at least two years after the alleged offense and well before the indictment was filed, so that he had “nothing to flee from.” Appellant’s Brief at 8. To accept this argument we would have to ignore the crucial fact that the government adduced evidence suggesting that Dillon fled Columbus within days after hearing from a co-conspirator that the co-conspirator was about to implicate Dillon in a big cocaine deal in Grand Jury testimony. The real question before us is whether the evidence, including Dillon’s December 19 conversation with Knezevich, his unexplained failure to keep his Christ[*1128] mas plans with his children, and his subsequent phone rather than personal contacts with his ex-wife, are sufficiently probative of a guilty conscience to overcome the prejudice it entails. We conclude that the four Myers inferences are all adequately supported by the evidence introduced at Dillon’s trial.

The first question is whether the evidence supports the inference that there has been a “flight” in the first place. The Myers court found that no such inference was allowable where the jury could infer flight only by resort to “conjecture and speculation.” Myers, 550 F.2d at 1050. We believe that the evidence before Dillon’s jury allowed a sound inference, not merely a speculative one, that he had fled. Dillon’s ex-wife testified that, only six days after hearing from Knezevich about the latter’s planned Grand Jury testimony, he broke an important family commitment and from then on contacted her by phone from an undisclosed location. He was arrested in Florida, where he was living under an assumed name. We do not believe it would be unreasonable for a jury to infer from these undisputed facts that Dillon fled Columbus soon after his conversation with Knezevich.

In this case, the second and third inferences — (2) that the defendant is afflicted with a guilty consciousness (3) of the crime charged — involve examination of two interrelated factors: immediacy and the defendant’s knowledge that he is in trouble with the law. For flight evidence to be admissible, the timing of flight must itself indicate the sudden onset or the sudden increase of fear in the defendant’s mind that he or she will face apprehension for, accusation of, or conviction of the crime charged. Flight immediately after the crime charged, of course, will tend to prove guilt of that crime. See Myers, 550 F.2d at 1051. But the mental crisis that precipitates flight may fail to occur immediately after the crime, only to erupt much later, when the defendant learns that he or she is charged with the crime and sought for it. United States v. Hernandez-Miranda, 601 F.2d 1104, 1106-07 (9th Cir.1979) (flight immediately after crime is important only where defendant does not know, or might not know, of charges against him); United States v. Jackson, 572 F.2d at 640-41 (immediacy may become irrelevant where defendant knows she is charged and sought).

We reject Dillon’s argument that these cases allow introduction of evidence of a postponed flight only when that flight occurs after the defendant learns of the charges against him or her. Rather, these cases recognize that flight may be proven where it occurs after any event which would tend to spark a sharp impulse of fear of prosecution or conviction in a guilty mind. This might occur long after the defendant learns of the charges, as it did in Touchstone, where defendants did not flee until the heat of trial became unbearable. Touchstone, 726 F.2d at 1120. And it can occur long before the defendant learns of the charges: for instance, when flight occurs after the defendant is served, himself, with a subpoena to appear before a Grand Jury. United States v. Grandmont, 680 F.2d 867, 869-70 (1st Cir.1982). Indeed, the “commencement of an investigation” may substitute for accusation as the precipitating event. United States v. Beahm, 664 F.2d at 420 (dictum).

Dillon argues that he departed Columbus a year and nine months after the crime at the earliest, that the indictment was issued after his arrest, and that nothing in the interim constitutes notice of the sort that courts have recognized as a substitute for immediacy-after-the-crime. This reasoning ignores the December 19 conversation with Knezevich and urges a wooden and literalistic reading of the case law. Common sense on this question is loud and clear: a guilty defendant is almost as unequivocally put on notice of his peril by a convicted co-conspirator who is on the verge of testifying before a Grand Jury about their common crime, as he would be by hearing from someone that he is charged and sought. We see no flaws in an inference from such notice to the defendant’s guilty consciousness of the crime charged.

Dillon raises no argument that the fourth Myers inference — from guilty conscious[*1129] ness to actual guilt — is unsupported by record evidence. We, therefore, hold that the District Court did not abuse its discretion in admitting evidence of flight at Dillon’s trial. This conclusion forecloses any argument that the District Judge erred in deciding to give an instruction on flight to the jury. Because Dillon’s objection at trial, Tr. V-13, and on appeal, is not to the content of the instruction on flight but to the fact that it was given at all, we conclude that Dillon’s appeal on flight fails in its entirety.

JUROR CONTACTS

Dillon, through his attorney, objected to the District Judge’s failure to strike a juror when it was revealed that her husband was driving her to and from the courthouse for 160 miles each day and attending the proceedings. Tr. IV-24. The District Court found that, though the juror was exposed to her husband’s company for hours each day, and though her husband was attending the trial, the juror credibly denied that they had ever discussed the case. As the case reaches this Court, then, it contains a record finding that there has been no contact between the juror and any outsider. Such a finding of fact is well within the powers of a District Judge, and on review is to be rejected only if it is clearly erroneous. Fed.R.Civ.P. 52(a). We see no error here. The District Judge conducted a painstaking in camera interview with the juror, had the record of that interview read to Dillon’s counsel and the prosecutor and invited their arguments, and made a specific, well reasoned finding that the juror credibly asserted that she had never discussed the case with her husband or anyone else. Tr. IV-19-25.

We must reject Dillon’s proposed rule that, when a juror is intimately and continuously in the company of an outsider, an impermissible contact will be presumed to have taken place. Such a presumption would squander the fact-finding resources of federal district courts. And even if the presumption were required in this case, it would not erode the District Court’s discretion to decide that, notwithstanding the presumed contacts, the juror could render an impartial verdict. Even where threatening contacts have been incontestably demonstrated, the trial court retains the discretion to refuse a mistrial motion if it concludes that the threatened jurors can continue to serve impartially. United States v. Pennell, 737 F.2d 521, 533-34 (6th Cir.1984), ce rt. denied, 469 U.S. 1158, 105 S.Ct. 906, 83 L.Ed.2d 921 (1985).

We conclude that the District Court properly allowed the government to introduce evidence of flight, read the jury an instruction on flight, and refused to strike the challenged juror. Accordingly, Dillon’s judgment of conviction is affirmed.