According to testimony in court by one of the arresting officers,⁽¹⁾ Byron Case attempted to run from arresting officers and barricade himself inside his bedroom after they had clearly identified themselves as officers.

The significance of his action is that it suggested to the jury that Case knew they were there to arrest him, and that he had a reason to flee. It was not necessarily incriminating in itself, but did not help his claim of innocence. He could have seen the arresting officers and innocently asked, "is there something wrong here?"; instead, his attempt to resist gave a strong indication that he knew exactly why the police were there.

It is of interest that one of Case's assertions in his appeal against Ineffective Counsel was that his attorney failed to subpoena an officer who might have testified that Case did not resist arrest; it was pointed out in rebuttal that the officer in question did not witness the arrest and therefore could only have testified that he did not see whether Case resisted or not. The officer who did arrest him made it clear that he had tried to flee.

It is of interest that Case's web site makes the claim that Case "was dragged from his bed by a tactical police unit," ignoring the fact that he tried to barricade himself in his room. The site further claims that Case "did not know it at the time, but he was being arrested for murder. Led to a waiting Sheriff's car in handcuffs, the only reply he got to his repeated questions was stern silence." Case was immediately informed that he was under arrest for murder, and he was read his Miranda rights, including the right to remain silent. He asked no "repeated questions," though it makes a good story when one is attempting to fleece the rubes for donations.