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Thread: New trial for Grisham to start tomorrow

  1. #1
    Regular Member stealthyeliminator's Avatar
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    New trial for Grisham to start tomorrow

    Couple of updates on various things. First, the retrial for Grisham starts tomorrow. Just to prevent any confusion - this is for a case from Temple, Texas regarding the OC of a rifle while hiking. This has nothing to do with any activities, protests or gatherings at the capital, it has nothing to do with OC of any pistol or replica or toy, and it has nothing to do with any trespass charges.

    Also mentions a few other things from the corruption within the city, a few motions that were made, and the order to release the dash cam footage that the judge is attempting to completely hide from public view.

    http://watchdogwire.com/texas/2013/1...still-pending/
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    Regular Member stealthyeliminator's Avatar
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    Advocate freedom please

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    Moderator / Administrator Grapeshot's Avatar
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    Hope simply that someone on that jury is famiar with the term "Jury Nullification" and stands strong.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    If the guy gets jurists who look at things unemotionally he'll do fine BUT there are always people who get out their handkerchiefs when the news of someone getting shot or stabbed or even the mention of a gun.

    He's not guilty of anything.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    Quote Originally Posted by article
    ...Ermis described to Assistant County Attorney John Gauntt Jr. how Grisham and his son were walking on the wrong side of the road and could have been arrested for violating transportation code...

    ...That the pair’s placement on the road was a traffic offense gave him the right to stop and question their presence...
    Huh?

    You can be arrested for walking on the wrong side of the road?

    Is this one of those laws that people don't question because it's not enforced? And then all-of-a-sudden out it comes as RAS...

    Welcome to Texas.
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    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by MAC702 View Post
    Huh?

    You can be arrested for walking on the wrong side of the road?

    Is this one of those laws that people don't question because it's not enforced? And then all-of-a-sudden out it comes as RAS...

    Welcome to Texas.
    I asked a local PD guy about the department's 'policy' on open carry, meaning their policy on response to open carry. He replied that it was legal but not a good idea because they are 'creative.' I pushed for clarification and he basically said that there are too many laws for you to not be beaking one and, ironically, he actually said that you'd probably be breaking a traffic law just by walking. Lol.
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    Regular Member stealthyeliminator's Avatar
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    Verdict is guilty. Appeal in progress.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    Verdict is guilty. Appeal in progress.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Not unexpected based on the shenanigans I've read about up to this point.

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    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by notalawyer View Post
    Not unexpected based on the shenanigans I've read about up to this point.
    What shenanigans and how are they relevant to this case? You don't know. In the first jury it's been said (by a jury member) essentially that they ALL felt as though the charge was complete BS, but due to the instruction from the judge they felt as though they had to vote guilty. One apparently refused to regardless of that instruction. From the sound of it, none of them knew that they actually had the power and authority to vote not guilty regardless of whatever BS the judge spewed from his bench.
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    Quote Originally Posted by stealthyeliminator View Post
    What shenanigans and how are they relevant to this case? You don't know. In the first jury it's been said (by a jury member) essentially that they ALL felt as though the charge was complete BS, but due to the instruction from the judge they felt as though they had to vote guilty. One apparently refused to regardless of that instruction. From the sound of it, none of them knew that they actually had the power and authority to vote not guilty regardless of whatever BS the judge spewed from his bench.
    I was referring to the Judge's BS, the Jury Pool BS, etc.

  12. #12
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by notalawyer View Post
    I was referring to the Judge's BS, the Jury Pool BS, etc.
    SORRY!!!! I am emotional right now. Not the verdict I wanted to hear!
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    Regular Member BrianB's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    In the first jury it's been said (by a jury member) essentially that they ALL felt as though the charge was complete BS, but due to the instruction from the judge they felt as though they had to vote guilty.
    It always amazes me how stupid or naive or whatever these jurors are. Some dude in a black dress tells them "you must" and they never bother to think "or what?". Sad.
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    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by BrianB View Post
    It always amazes me how stupid or naive or whatever these jurors are. Some dude in a black dress tells them "you must" and they never bother to think "or what?". Sad.
    Its how kids are raised and taught nowadays. Obey without question, those in power know better than you, obviously. >.<

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    After just two hours of deliberating, the jury ultimately found Grisham guilty of interfering with police duties when he refused to turn over his AR-15 rifle to Temple police officer Steve Ermis this past March.

    http://www.kxxv.com/story/24015509/j...-police-duties


    Turn over your gun to the government (the very people as to why we can own???!!!).

    The 2nd amendment means nothing if so...

    I wonder if the jury instructions were changed...from the 1st trial.

    Want fair? Move to China .. at least you know they are being honest with you ... "you're getting screwed young man, just telling you up upfront"...

  16. #16
    Regular Member stealthyeliminator's Avatar
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    "Grisham warned of his concerns that police will be able to go back and repeat actions as he experienced. He further admitted being “a little upset about the guilty verdict” after an officer lied on his statements and was caught in open court."

    http://watchdogwire.com/texas/2013/1...ham-2000-fine/

    Video should be available Friday
    Last edited by stealthyeliminator; 11-21-2013 at 12:28 AM.
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    County Attorney Jim Nichols told KCEN-TV how this was not a case of Second Amendment rights or Grisham carrying the gun. Calling it “well established law” as well as “for everyone’s safety and common sense,” Nichols said the police have the right to disarm an individual during an investigation, that it doesn’t mean the person is always going to be arrested.



    I guess Mr. Nichols and me have different political viewpoints ....


    Well, think the SGT will be looking at Army action after this?

  18. #18
    Regular Member stealthyeliminator's Avatar
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    Yeah, I think that he just pulled it out of his ass. I certainly haven't ever known it to be "well established," certainly not "common sense" and it certainly isn't for everyone's safety, either. In fact, you could argue that it's quite the opposite (well established), with it being explicitly statutorily legalized for an officer to disarm a CHL holder during a stop or contact. If it was well established law that an officer could disarm everyone they came into contact with, why would this have been needed?

    Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
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    Moderator / Administrator Grapeshot's Avatar
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    So if I jay walk when there is no traffic or spit because I have a head cold, I may be disarmed w/o any other cause?

    Hmm....may be statutorily legal, but somewhat.......(searching for a word)......illogical.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by stealthyeliminator View Post
    Yeah, I think that he just pulled it out of his ass. I certainly haven't ever known it to be "well established," certainly not "common sense" and it certainly isn't for everyone's safety, either. In fact, you could argue that it's quite the opposite (well established), with it being explicitly statutorily legalized for an officer to disarm a CHL holder during a stop or contact. If it was well established law that an officer could disarm everyone they came into contact with, why would this have been needed?

    Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
    A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

    Seems like they can just steal everyone's gun anytime they want .... or think that they can.
    Last edited by davidmcbeth; 11-21-2013 at 02:26 PM.

  21. #21
    Regular Member stealthyeliminator's Avatar
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    Yeah, I'm not trying to get way off topic, or act like we have it so rough here compared to the rest of the US, but Texas is pretty bad when you think about it. To carry a handgun at all outside of your car in public, you have to have a CHL. What a lot of people don't realize is that when you do get a CHL, you gain the "privilege" of carrying your handgun but you actually forfeit other rights (to me, pretty important ones, at that...). For example, in Texas you don't have to ID yourself to law enforcement unless you are actually placed under arrest. Get your CHL and happen to be carrying? Not anymore.

    The way the statute is phrased it would seem that you not only have to present your CHL along with your DL, you actually have to present it any time law enforcement demands it, whether they have RAS or PC or nothing at all. It simply says that when a LEO demands ID you must present both. Not when a LEO lawfully demands ID, but when a LEO demands ID. And then the disarmament statute, and then that they can (AND WILL) run your gun's serial number when they disarm you.

    So now, they can simply walk up to you without RAS or PC and demand ID. You must legally present your CHL. Now they want to disarm you "for their safety" per Sec. 411.207. Now that they've legally disarmed you and are in "lawful possession of" the firearm, it isn't considered an unlawful search to check the serial number. Conclusion? The CHL laws need major reform.


    Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

    This is one reason that many people in Texas refuse to get their CHL, they do not want to (and should not have to) forfeit one set of rights to be able to exercise another.
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    Regular Member stealthyeliminator's Avatar
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    DASHCAM VIDEO RELEASE!!! https://www.youtube.com/watch?v=mLfGikbQkcM

    How in the **** anyone could vote guilty is beyond me. Texas is full of ******* idiots. Texans idolize law enforcement.
    Last edited by stealthyeliminator; 11-21-2013 at 03:00 PM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    DASHCAM VIDEO RELEASE!!! https://www.youtube.com/watch?v=mLfGikbQkcM

    How in the **** anyone could vote guilty is beyond me. Texas is full of ******* idiots. Texans idolize law enforcement.
    My anger is boundless!

    One officer even states, "I don't care what the law says." It is obvious why they didn't want the dash cam footage released. Highway Kangaroo justice w/o any consideration for intent.

    Don't know if the governor or legislature could fix this soon enough to be meaningful. This was so unnecessary and so morally wrong.

    It would be inappropriate for me to say much more at this time, except to wonder who will step up to help the Sargent.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by stealthyeliminator View Post
    DASHCAM VIDEO RELEASE!!! https://www.youtube.com/watch?v=mLfGikbQkcM

    How in the **** anyone could vote guilty is beyond me. Texas is full of ******* idiots. Texans idolize law enforcement.
    +100000000000

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    Regular Member BrianB's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    DASHCAM VIDEO RELEASE!!! https://www.youtube.com/watch?v=mLfGikbQkcM

    How in the **** anyone could vote guilty is beyond me. Texas is full of ******* idiots. Texans idolize law enforcement.
    I think the cop was wrong to just grab the gun without any discussion. I've never seen an officer disarm someone during a Terry stop in that manner. Speaking of Terry, up to that point the encounter was a consensual one (where no disarm would be in order) so making an unannounced move to seize the weapon was a really bad plan. Suddenly grabbing for someone's gun, especially if that person has done a lot of weapon retention work, might kick in any number of reflexes that could be misinterpreted. Also, both of the officer's hands, and his eyes are tied up with the rifle, and both of the "suspect's" hands are free to draw a sidearm.

    I'd have loved to be on the jury. Shame they had 6 lemmings for jurors that day.
    Last edited by BrianB; 11-21-2013 at 03:29 PM.
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