Bedford Police Chief answers re: CHLer arrested at hospital

[pt145ss]

No

Please explain.

Cop makes a contact and ends up arresting for burglary.

He writes, "the two men were crouching by the door. The door had fresh tool marks on it and subject 1 had a crow bar in his hand". Those are facts.

If he simply wrote, " Two suspicious men were trying to break into the building" ; that is a conclusion based on the facts. ;)

I would think that a LEO can say he saw what he suspected to be tool marks in his report based on his experience, but until evidence and analysis of those tool marks are put in front of a jury and the jury accepts the evidence as true...then and only then is it fact. Do you think if something like that went to trial and a prosecutor said to the jury you do not need evidence of tool marks because it is fact that they are tool marks simply because a LEO put it in the report…I think the prosecutor would have a hard time telling that to a jury.

[txinvestigator]

I would think that a LEO can say he saw what he suspected to be tool marks in his report based on his experience, but until evidence and analysis of those tool marks are put in front of a jury and the jury accepts the evidence as true...then and only then is it fact. Do you think if something like that went to trial and a prosecutor said to the jury you do not need evidence of tool marks because it is fact that they are tool marks simply because a LEO put it in the report…I think the prosecutor would have a hard time telling that to a jury.

You watch too much CSI.

[pt145ss]

I would think that a LEO can say he saw what he suspected to be tool marks in his report based on his experience, but until evidence and analysis of those tool marks are put in front of a jury and the jury accepts the evidence as true...then and only then is it fact. Do you think if something like that went to trial and a prosecutor said to the jury you do not need evidence of tool marks because it is fact that they are tool marks simply because a LEO put it in the report…I think the prosecutor would have a hard time telling that to a jury.

You watch too much CSI.

LOL...maybe i do....

[NcongruNt]

Perhaps I missed it in all the discussion, but I couldn't find it...

Do we know what happened with this, and if this woman was given proper 30.06 notice in writing by her employer as was stated? Is she still being charged?

[WildBill]

Perhaps I missed it in all the discussion, but I couldn't find it...

Do we know what happened with this, and if this woman was given proper 30.06 notice in writing by her employer as was stated? Is she still being charged?

There hasn't been any news in the media that I can find. The only thing I have read is what is in this forum.

[txinvestigator]

I sent the Chief an email last week and asked for an update. He has yet to respond, so I don't think he is going to.

[RPB]

Perhaps we should all E-mail the chief and ask who at the District Attorney's office is handling it, then E-mail that person

I'd enjoy it

In fact. I'd be willing to draft the discovery and motions for, and under the supervision of her Defense attorney, Pro Bono.

Her "written notice" certainly should be discoverable. So it would be easy to tell if she was arrested while no offense was committed, or if in fact she committed an offense, based upon the wording.

[WildBill]

The DA did not prosecute. See this thread for an update viewtopic.php?f=7&t=12754&hilit=bedford&start=105" onclick="window.open(this.href);return false;

[Embalmo]

"It is our
opinion that regardless of the wording of the sign that was posted on
both the front and rear doors of the facility that this written notice
suffices for purposes of "notice" as required by statute."

3) "Written communication" means:
(A) a card or other document on which is written language
identical to the following: "Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (concealed
handgun law), may not enter this property with a concealed
handgun";

I would love to know how and when the word "identical" became a subjective concept. What if in their opinion guns really don't belong in hospitals. Opinion trumping written law can be paraphrased as making up the rules as they go along.

Embalmo

[chasfm11]

The DA did not prosecute. See this thread for an update viewtopic.php?f=7&t=12754&hilit=bedford&start=105" onclick="window.open(this.href);return false;

I'm glad that there was no prosecution. I also personally know that the DA didn't prosecute a case in involving an illegal who had pawned in Irving 12 car stereos stolen in Bedford. How do I know that they were stolen? Our daughter's was one of them and they smashed out the passenger side window of her car and tore up the dash to pry it out - 50 feet from her bedroom window in an apartment complex. While all 12 of those car stereos were verified as stolen and the same suspected perp had pawned all of them, the DA's reasoning was that no one has actually seen him break into any of those vehicles. BTW, there were over 70 similar car break-ins in a 3 week period. And the suspected perp involved had a series of arrests in the US for similar burglaries. Over half of them weren't prosecuted either. The suspected perp is a really mis-understood individual, I'm sure.

I'd have been furious if the DA had prosecuted the CHL case after letting the car burglary suspect off. There are enough places like CA or CO were there seems to be patterns of that kind of decision making - we sure don't need it here in Texas, too.

[dicion]

I'm glad that there was no prosecution. I also personally know that the DA didn't prosecute a case in involving an illegal who had pawned in Irving 12 car stereos stolen in Bedford. How do I know that they were stolen? Our daughter's was one of them and they smashed out the passenger side window of her car and tore up the dash to pry it out - 50 feet from her bedroom window in an apartment complex. While all 12 of those car stereos were verified as stolen and the same suspected perp had pawned all of them, the DA's reasoning was that no one has actually seen him break into any of those vehicles. BTW, there were over 70 similar car break-ins in a 3 week period. And the suspected perp involved had a series of arrests in the US for similar burglaries. Over half of them weren't prosecuted either. The suspected perp is a really mis-understood individual, I'm sure.

I'd have been furious if the DA had prosecuted the CHL case after letting the car burglary suspect off. There are enough places like CA or CO were there seems to be patterns of that kind of decision making - we sure don't need it here in Texas, too.

... and this piece of garbage hasn't been deported already, why?
I mean, he's been in custody, verified to be an illegal.... but he's still here?
Someone call Arizona... we need some of their lawmakers to move here.

[KD5NRH]

I'm glad that there was no prosecution. I also personally know that the DA didn't prosecute a case in involving an illegal who had pawned in Irving 12 car stereos stolen in Bedford.

... and this piece of garbage hasn't been deported already, why?

It's hard enough to kick public officials out of office, much less deport them.

[chasfm11]

... and this piece of garbage hasn't been deported already, why?
I mean, he's been in custody, verified to be an illegal.... but he's still here?
Someone call Arizona... we need some of their lawmakers to move here.

We are, perhaps, in the wrong part of this forum to have this branch of the discussion. I was just sharing the information that I had because I think more people need to be aware of how selectively the laws can be upheld. I do recognize that not every case that is brought to the DA will be accepted by the grand jury or even taken to them. In light of the zero tolerance policy that has been adapted in our schools, where 7 year old Cub Scouts are punished for bringing their camping utensil to school because it contained a knife, it amazes me the extent of the non-punishment of those who commit "real" crimes. In the case of this CHL nurse, it is a good thing.

Our daughter is a police dispatcher. I have a ton of stories like the one that I told about the failure to deal with BGs including illegals who repeatedly are involved in crimes without consequence. Frankly, it was listening to some of that that convinced me that, while my 12ga is good, it may not be enough. I have several types of hammers, too.

[WildBill]

We are, perhaps, in the wrong part of this forum to have this branch of the discussion.

This thread deals with valid 30.06 postings, one specific arrest and it's outcome.

[Charles L. Cotton]

We are, perhaps, in the wrong part of this forum to have this branch of the discussion.

This thread deals with valid 30.06 postings, one specific arrest and it's outcome.