Gunfight at the O.K. Corral direct conflict with the Earps' roles as lawmen, Johnny Behan was Cochise County Sheriff. Virgil Earp had served for three years during the Civil War and had also been involved in a police shooting in Prescott, Arizona Territory. He was appointed Deputy U.S. Marshal for eastern Pima County by U.S. Marshal Crawley Dake, on November 27, 1879, before the Earps arrived in Tombstone on December 1, 1879. He was appointed acting Tombstone's town marshal (or police chief) on September 30, 1880, after popular Tombstone town marshal Fred White was shot and killed by Curly Bill Brocius. Only a few days
Gunfight at the O.K. Corral he had been temporarily acting as city marshal for Virgil the week before while Virgil was in Tucson for the Pete Spence and Frank Stilwell trial. Wyatt said that he still considered himself a deputy city marshal, which Virgil later confirmed. Since Wyatt was an off-duty officer, he could not legally search or arrest Tom for carrying a revolver within the city limits-—a misdemeanor offense. Only Virgil or one of his city police deputies, including Morgan Earp and possibly Warren Earp, could search him and take any required action. Wyatt, a non-drinker, testified at the Spicer hearing that he went