A Badger Arrested

[scottmeador]

http://www.star-telegram.com/2013/12/20 ... -fortworth" onclick="window.open(this.href);return false;

Anyone willing to buy him the tiara and sash to go with it?

[RogueUSMC]

“I wear it as a deterrent more than anything,” he said. “So if someone is up to something shady, it gives them something to think about, like maybe I won’t do this.”

Read more here: http://www.star-telegram.com/2013/12/20 ... -fortworth" onclick="window.open(this.href);return false;#storylink=cpy

[RoyGBiv]

[Tic Tac]

In Texas they have as much right to a badge as security guards. In fact, if he doesn't wear a uniform, he's even further away from impersonating a cop than a security guard who does.

Don't get me started on the yahoos who wear uniforms the same colors as local departments. And drive marked cars.

[suthdj]

Sgt. Kelly Peel, a police spokesman, said officers located Trujillo at the car wash with a handgun in his pants pocket, not concealed as required by law.

snip...

In a phone interview Friday, Trujillo acknowledged having his handgun with him at the car wash but said he never intentionally showed it.

“I was washing my car. I had it in my pocket and the handle worked it’s way out,” he said.

[n5wd]

I'd like to read the offense report on this one.

[gthaustex]

Sigh.

[scottmeador]

“I was washing my car. I had it in my pocket and the handle worked it’s way out,” he said.

Perhaps this will be the first test case for the new unintentional failure to conceal statue.

[scottmeador]

I'd like to read the offense report on this one.

Public record search from FWPD website:

On Wednesday, 12/18/2013, at 1546 hrs., I, Officer J. Polyak #4064 and Officer C. Chambers #3857, while working E215 and driving marked patrol unit 1471589, were dispatched to a person with a weapon call at the Meadowbrook Car Wash located at 5151 Brentwood Stair Rd. The details of the call stated: "SUBJECT WITH A GUN.....HM WRNG BLK/GOLD HAT/ BLK SHIRT WITH GOLD LOGO....IN A WHITE JEEP ...AT THE CAR WASH ON BRENTWOOD STAIR DOWN THE STREET FROM TEXACO." "SUBJECT HAS VEHICLE PARKED IN THE CAR WASH AND IS WALKING AROUND ....IS STANDING BY A SILVER JEEP....." Assisting us on this call were officers J. Keys #3844 and S. Nguyen #3393 working as E235. Officers Keys and Nguyen had also received a person with a weapon call at this location, and were dispatched at 1539 hrs. The call number for this incident is 130986125, and the details stated: "MEADOWBROOK CAR WASH...SUSP HM OR INDIAN APPROX 50 YOA MARINE HAT BLK SHIRT AND JEANS ..SUSP VEH A PEARL COLORED SEDAN IN ONE OF THE BAYS..POSS HAS GUN IN POCKET AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN..CP SAYS SUSP ACTING ODD..CP WILL REMAIN ON SCENE.." "CP SAYS SUSP HAS NOT THREATENED CP BUT DID SAY HE WAS LOOKING FOR SOMEONE.." I placed ARR under arrest for PC 46.035 G UNL CARRY HANDGUN LIC HOLDER and PC 37.11 IMPERSONATE PUBLIC SERVANT. ARR was transported and booked into jail without incident. PIC advised us that ARR had not outstanding warrants for his arrest. A report was generated.

[jmra]

Concealed is concealed.

[Maxwell]

RoyGBiv, best facepalm I've seen in a while!

[n5wd]

I'd like to read the offense report on this one.

Public record search from FWPD website:

On Wednesday, 12/18/2013, at 1546 hrs., I, Officer J. Polyak #4064 and Officer C. Chambers #3857, while working E215 and driving marked patrol unit 1471589, were dispatched to a person with a weapon call at the Meadowbrook Car Wash located at 5151 Brentwood Stair Rd. The details of the call stated: "SUBJECT WITH A GUN.....HM WRNG BLK/GOLD HAT/ BLK SHIRT WITH GOLD LOGO....IN A WHITE JEEP ...AT THE CAR WASH ON BRENTWOOD STAIR DOWN THE STREET FROM TEXACO." "SUBJECT HAS VEHICLE PARKED IN THE CAR WASH AND IS WALKING AROUND ....IS STANDING BY A SILVER JEEP....." Assisting us on this call were officers J. Keys #3844 and S. Nguyen #3393 working as E235. Officers Keys and Nguyen had also received a person with a weapon call at this location, and were dispatched at 1539 hrs. The call number for this incident is 130986125, and the details stated: "MEADOWBROOK CAR WASH...SUSP HM OR INDIAN APPROX 50 YOA MARINE HAT BLK SHIRT AND JEANS ..SUSP VEH A PEARL COLORED SEDAN IN ONE OF THE BAYS..POSS HAS GUN IN POCKET AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN..CP SAYS SUSP ACTING ODD..CP WILL REMAIN ON SCENE.." "CP SAYS SUSP HAS NOT THREATENED CP BUT DID SAY HE WAS LOOKING FOR SOMEONE.." I placed ARR under arrest for PC 46.035 G UNL CARRY HANDGUN LIC HOLDER and PC 37.11 IMPERSONATE PUBLIC SERVANT. ARR was transported and booked into jail without incident. PIC advised us that ARR had not outstanding warrants for his arrest. A report was generated.

When I said the "offense report", I really meant the offense report that's not available to the public on the information summary as above. What I'd be looking for is WHY they decided he was unlawfully carrying as a licensed CHL and WHY they decided he was impersonating a police officer. From what the guy said in the ST interview, and what the summary includes, there's not enough info there to tell why the officers acted the way they did. It would be interesting to read the entire report.

And, yes... this might very well be one of the first tests of the revised 'failure to conceal' law. Since it's an A Misdemeanor and a 3rd degree felony, if the DA accepts the charges as is it'll be adjudicated in county court - might have to take a day off and see the show.

Also, it'd tickle me pink if officers proof-read their reports before submitting them: "PIC (that's the FWPD Police Information Center - the office that does wants/warrants/communications with other departments, etc. - it's where I used to work when I was with FWPD as a civilian employee in the late 70's) advised us that ARR had not outstanding warrants for his arrest."

[Charles L. Cotton]

By no means am I advocating CHL badges!

Based upon that report, I don't see evidence to convict him of either a violation of TPC §46.035(a) or TPC §37.11.

Chas.

Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

(b) An offense under this section is a felony of the third degree.

I'd like to read the offense report on this one.

Public record search from FWPD website:

On Wednesday, 12/18/2013, at 1546 hrs., I, Officer J. Polyak #4064 and Officer C. Chambers #3857, while working E215 and driving marked patrol unit 1471589, were dispatched to a person with a weapon call at the Meadowbrook Car Wash located at 5151 Brentwood Stair Rd. The details of the call stated: "SUBJECT WITH A GUN.....HM WRNG BLK/GOLD HAT/ BLK SHIRT WITH GOLD LOGO....IN A WHITE JEEP ...AT THE CAR WASH ON BRENTWOOD STAIR DOWN THE STREET FROM TEXACO." "SUBJECT HAS VEHICLE PARKED IN THE CAR WASH AND IS WALKING AROUND ....IS STANDING BY A SILVER JEEP....." Assisting us on this call were officers J. Keys #3844 and S. Nguyen #3393 working as E235. Officers Keys and Nguyen had also received a person with a weapon call at this location, and were dispatched at 1539 hrs. The call number for this incident is 130986125, and the details stated: "MEADOWBROOK CAR WASH...SUSP HM OR INDIAN APPROX 50 YOA MARINE HAT BLK SHIRT AND JEANS ..SUSP VEH A PEARL COLORED SEDAN IN ONE OF THE BAYS..POSS HAS GUN IN POCKET AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN..CP SAYS SUSP ACTING ODD..CP WILL REMAIN ON SCENE.." "CP SAYS SUSP HAS NOT THREATENED CP BUT DID SAY HE WAS LOOKING FOR SOMEONE.." I placed ARR under arrest for PC 46.035 G UNL CARRY HANDGUN LIC HOLDER and PC 37.11 IMPERSONATE PUBLIC SERVANT. ARR was transported and booked into jail without incident. PIC advised us that ARR had not outstanding warrants for his arrest. A report was generated.

[WildBill]

By no means am I advocating CHL badges!

Based upon that report, I don't see evidence to convict him of either a violation of TPC §46.035(a) or TPC §37.11.
Chas.

I just read this thread. Based on the title, I was expecting a different story.

[texanjoker]

By no means am I advocating CHL badges!

Based upon that report, I don't see evidence to convict him of either a violation of TPC §46.035(a) or TPC §37.11.

Chas.

Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

(b) An offense under this section is a felony of the third degree.

I'd like to read the offense report on this one.

Public record search from FWPD website:

On Wednesday, 12/18/2013, at 1546 hrs., I, Officer J. Polyak #4064 and Officer C. Chambers #3857, while working E215 and driving marked patrol unit 1471589, were dispatched to a person with a weapon call at the Meadowbrook Car Wash located at 5151 Brentwood Stair Rd. The details of the call stated: "SUBJECT WITH A GUN.....HM WRNG BLK/GOLD HAT/ BLK SHIRT WITH GOLD LOGO....IN A WHITE JEEP ...AT THE CAR WASH ON BRENTWOOD STAIR DOWN THE STREET FROM TEXACO." "SUBJECT HAS VEHICLE PARKED IN THE CAR WASH AND IS WALKING AROUND ....IS STANDING BY A SILVER JEEP....." Assisting us on this call were officers J. Keys #3844 and S. Nguyen #3393 working as E235. Officers Keys and Nguyen had also received a person with a weapon call at this location, and were dispatched at 1539 hrs. The call number for this incident is 130986125, and the details stated: "MEADOWBROOK CAR WASH...SUSP HM OR INDIAN APPROX 50 YOA MARINE HAT BLK SHIRT AND JEANS ..SUSP VEH A PEARL COLORED SEDAN IN ONE OF THE BAYS..POSS HAS GUN IN POCKET AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN..CP SAYS SUSP ACTING ODD..CP WILL REMAIN ON SCENE.." "CP SAYS SUSP HAS NOT THREATENED CP BUT DID SAY HE WAS LOOKING FOR SOMEONE.."

I placed ARR under arrest for PC 46.035 G UNL CARRY HANDGUN LIC HOLDER and PC 37.11 IMPERSONATE PUBLIC SERVANT. ARR was transported and booked into jail without incident. PIC advised us that ARR had not outstanding warrants for his arrest. A report was generated.

Charles,

that is merely a CAD entry and not a police report. (CAD computer aided dispatch). Based on the limited article this guy allegedly ID himself as an undercover officer. IF he did that the arrest is good. I'd be curious to read the full report as well to see if they smelled the odor of an alcoholic beverage emitting from his person. Why is he asking some guy to see the drugs in his car, ect??? This case will be interesting to see how it plays out in court.

“Trujillo appeared to be intoxicated,” Peel said in an email. “During the on-scene investigation, it was determined by officers that Trujillo had allegedly identified himself as an undercover police officer to a witness at the car wash.”

Read more here: http://www.star-telegram.com/2013/12/20 ... worth?rh=1" onclick="window.open(this.href);return false;#storylink=cpy