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IMPORTANT NOTE RE: CITY OF TEMPLE AND THE PD

Gun Rights  April 19 2013
 — By LL
IMPORTANT NOTE RE: CITY OF TEMPLE AND THE PD

do not call

CJ just called and asked me to convey this message to you since he has stepped back for a few days to focus on his wife and children.

He asks that you please take a break from calling the police department, emailing them, and also from doing the same to the city of Temple officials.

The case and charges are currently in the hands of Bell county. The city and PD have no say in the forwarding of the criminal case against CJ and although he really appreciates all the support he has gotten, the more people call and email to express their displeasure of the treatment of CJ, it is escalating ill will and causing the prosecutor, who has total control of this case at this point, to dig in his heels. He loses nothing if he loses this case if it goes to trial, but the community of Temple, which CJ loves, has to deal with the well-meaning intentions of thousands of strangers, who are obviously irate over the treatment of CJ.

I will be contacting the authors of the bigger online news stories to ask that those who want to call, please, if you are from the state of Texas, call your legislators instead and ask that legislation be passed to hold police accountable for civil rights violations, like the state of Missouri does, which can withhold state funds for departments found in violation of their statutes. Otherwise, please refrain from contacting the Temple PD because at this point, it is out of their hands. They are obviously aware that there may be an issue with an officer or two who need to be more aware of the rights of citizens who are not breaking any laws, but the continuous onslaught of their phone lines and email accounts is counterproductive at this point.

Thank you all so much for your support of CJ and he loves seeing that there are so many Americans who know their rights and we all support each other to maintain free exercise and protection of all Constitutionally protected civil rights!

(30) Readers Comments

  1. I attempted to send a message to the youtube account chcknhawk with the following message, but the account refused to accept it unless I had friend requested them. I am confident that the attorney for the case is in complete control of the situation, but as a concerned and proactive viewer I wanted to dig in through Texas law (being from Georgia I understand there will be differences) and try to help in whatever way I may. That being said, here is the message I tried to send:

    I was inspired by your video, and it prompted me to search through a substantial amount of Texas law in order to try and assist you. I’m not sure what your lawyer has advised you of, or if any of this information is new to you, but I figure I’d send along my findings to try and help in any way I can.

    Texas Penal Code – Section 46.15. Nonapplicability
    (a) Sections 46.02 and 46.03
    do not apply to:
    Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
    § 28
    (1) is in the actual discharge of official duties as a
    member of the armed forces or state military forces as defined by
    Section 431.001

    Sections 46.02 and .03 are as follows

    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
    (it then goes on to list a large number of places)

    Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05
    (It again continues to list the places where firearms are not allowed)

    As for an arrest under the charge of “resisting search.” Lets have a look at the most basic set of laws our nation has, the Constitution.
    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    If you do not consent to a search or a seizure then police must obtain a warrant in order to search your possessions. Stating “I do not consent to searches” Is not an offense. You did not use physical force to try and stop a search, so their “charge” against you is bogus.

    Please, PLEASE fight this out in court. You have hundred of thousands of people backing you in this. PLEASE teach these criminal pigs a lesson for all of us!

    Links:
    http://law.onecle.com/texas/penal/46.15.00.html
    http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

    God bless you, Sir! And thank you for serving our nation in uniform!

  2. As a former soldier, and police officer, I have to say that the police today are out of control. I was shocked by your video and I support you 100%. I’m not sure if your attorney advised you but please make sure you sue the peace officers individually outside of suing the county, city or police department. Even thought the officers do not make much money they will have to endure the stress and cost of defending themselfs outside of the governments help. That was the one aspect of being a police officer that me and my co workers always feared. Good job on your part and thank you for your service.

  3. Unfortunately, more often than not, this type of situation happens when the cameras are not rolling. Fortunately with more cameras out there than in previous years this type of nonsense is being documented. Be happy that this ill informed supposed Law Officer did not take offense to being video taped or you might have lost your video camera as well. I’ve always been a law abiding citizen and in most of the random interactions I’ve had with Law Enforcement Officers I have found them to me rude, intimidating and closed minded with an enormous ego. It’s as if they have an Us (Cops) versus Them (Citizens) attitude. I used to have great respect for the law enforcement community but as I have grown older and accumulated more experience, my respect continually diminishes. At one point my son had considered a career in law enforcement, however, an interaction between myself, his mother and a local police officer while he was present changed his mind. The actions of the police officer were horrible. I’m happy to say that due to the actions of this particular police officer my son is now starting his third year of medical school and doing quite well. On occasion I have entertained the thought of sending a ‘Thank You’ note to the police officer for his bad behavior and dissuading my son from pursuing a career in law enforcement.

  4. Also have your attorney look up Texas Penal code 9.31(c) (1) If before any resistance is offered a peace officer uses or attempts to use greater force than necessary a person is justified using force even deadly force to resist that arrest! When the officer walked up and grabbed you without any justification whatsoever he was violating your rights!

  5. Please setup a Paypal account so that us old dogs who are not so computer savvy can easily donate. Great job on standing up for our rights and not backing down in the face of tyranny.

    • Sir, you can donate to CJ’s legal defense fund here at indiegogo. He explains that he is way over his goal and some will be used to refund SSG Nate Sampson’s funds he spent in fighting charges like what CJ is currently going through and I think the rest of the legal fund will go towards a lawsuit.

      http://www.indiegogo.com/projects/2nd-amendment-legal-defense-fund

  6. Oops…too late. While I appreciate the fact that you would rather your supporters not inundate temple pd with calls and emails, you have to admit they are just reaping what they have sown. Two years ago I faced law enforcement on an out of control ego trip, and even though it wasn’t as egregious as this instance it still cost me significantly financially to stand by my principles and win the day through the system. While I respect that you ask us to leave them be…I’m glad they have felt our disgust for their actions.

  7. Yeah, too late for me too, email already sent. Maybe you should put this on the main page of your site, because I am new to your site and just now seen the “news” section that this is listed under. I am a little confused, because CJ was the one calling for the police involved to lose their jobs. I don’t see how people emailing the Temple police department requesting the same thing CJ did is problem to the effect of quote “but the community of Temple, which CJ loves, has to deal with”. What is this causing the community of Temple to have to deal with? I can understand it may effect the prosecutor digging in his heels, but how does this effect the community of Temple?

    • Dwayne, the big thing is that people are threatening the lives and families of the officers involved and the city council. That is just not what CJ wanted. Even he himself has received death threats. There are people who do not understand civilized discussion and he asked me to put up a post asking people to stop emailing the PD and the coucil so that hopefully, those who are the ugliest and most threatening would also stop. It is unfortunate that people cannot express themselves in a civilized manner without resorting to name-calling and threats. But thank you for your support.

  8. In one post it was mentioned he lost his right to carry concealed everywhere. When he wins his case, will those rights be restored?

    Also, when he wins, will all records, files, fingerprints, etc related to his arrest be destroyed? It is bad enough he was violated like this without having his “file” pop up any time he gets a speeding ticket or applies for a job that does a background search.

    I would think a smart city manager would be putting some police officers on administrative leave, or firing them, or requiring them to take additional courses and training in both law and decision making in stressful confrontations. The heck with the DA who is probably seeking attention for a political office run, anyway. If an employee of any company was hired to do a job, and subsequently it was learned they did not know the job or abused their position or were incompetent to handle confrontation/negotiation/ decisions — they would be fired. The higher level city officers could smartly show how skilled their leadership and support of the common man is by taking administrative action they have the right to exercise.

    Anyway, I was more curious about the aftermath consequences of a citizen standing up for their rights.

  9. The prosecutor should resign. He has already breached the peace of the community. He has already proven he is a public menace. He should be allowed to peacebly remove his belongings, that of his family’s belongings within 24 hours and be dumped at the county line. The prosecutor is a criminal and public menace.
    The city has no right to complain. They didn’t fire the man, the phones should never stop ringing until the prosecutor gets a job at McDonalds in another jurisdiction, sweeping the floor while being denied access to a cash register.
    This is the problem with hiring pettifoggers, shysters and vermin. Lawyers begging their clients to knuckle under because of the threats coming from the city is a serious “defense” mistake.
    Lawyers are the scum of the earth, and should be required to go to re-education camps. We need to abolish law licenses and their holders.
    The reason this case exists is because LAWYERS are out of control. Lawyers are banned from seeing the Kingdom of Heaven. The gates of heaven they shall never see.
    What ignorant man told the cop and encouraged the cop to act like a thug? Lawyer.
    What rebellious man goad cops into violence? Lawyers.
    What criminal syndicate drums up false charges to bring business to their syndicate? Lawyers.
    What criminal mob does the defense attorney work for? It ain’t Mr. BoyScout. The licenced confidence man works for the criminal syndicate; Bar Association. He serves the “law” (romanism; civil law), he does not defend God’s right order.
    Keep calling until the prosecutor he is either run out of town, or, after given a trial, found guilty of being a public menace and horse whipped in the town square.
    50 lashes, minimum.

  10. Please be sure that we all are made aware of the final outcome of this situation. CJ should not cave in, under any circumstances. If he needs donations for a defense fund please publicize that fact and how to get $$ to him.
    Thank you.
    Retired SFC

  11. Pingback: Iniquity, Dishonor, and Infidelity | A Soldier's Perspective

  12. Why don’t we have a look at what he did(CJ). He broke the law as soon as the officer said something to him. By CHL law we are required to identify that we have a CHL license and carrying a concealed handgun, why is that not stated by everybody talking about the law.

    The officer has the right to secure the area when asking question, I have family that are police officers I would like the to come home at night, not get shot because of a man standing with a AR that is in position to fire in a moment that’s why it’s slung in the front. I live in the area he was walking for the past 18 years and I’ve seen 2 coyotes in that time, but you have a right to carry out here, but think how you would feel with a man you don’t know with an AR and you didn’t he had a concealed handgun also asking question that the man felt you didn’t have the right to ask. He was within city limits and other people have a right to feel safe in their home also.

    I’m for the 2rd Amendment and leave my guns alone! But others have rights, this could of gone completely different if all concern would of taken a moment to see it from the other side instead just thinking of me like most do these days.
    OH! I’m a veteran also I twenty-two years in the army from 72-95, that doesn’t give you no right to act like your above the law or your better than anybody else. We did our job for the people of this country so they could feel safe here and go about their lives without fear.

    • Oh, TXRUMBLES, where do I begin to educate you?

      He broke the law as soon as the officer said something to him. By CHL law we are required to identify that we have a CHL license and carrying a concealed handgun, why is that not stated by everybody talking about the law.

      Wrong. Let me quote you the law about the duty to inform. According to Government Code §411.205, “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.” Let me put this into 2nd grade language I think you’ll understand. If an officer doesn’t legally ask me to identify myself, I have no legal obligation to display my CHL. \

      The officer has the right to secure the area when asking question, I have family that are police officers I would like the to come home at night, not get shot because of a man standing with a AR that is in position to fire in a moment that’s why it’s slung in the front.

      Wrong again. There are numerous Supreme Court precendents that protect an individual from illegal search and SEIZURE. In Brown v. Texas, SCOTUS recognized that an officer cannot even ask for identification unless the individual is suspected of committing a crime. In Terry v. Ohio, SCOTUS noted that officers cannot search individuals unless there was probably cause that a crime was committed, is being committed, or is about to be committed. Delaware v. Prousse also requires suspicion by the detaining officer that a crime is, was or will be committed before detaining an individual. The FACT is that less than .001% of officers are killed in the line of duty by guns, so your fears are largely unsubstantiated.

      I live in the area he was walking for the past 18 years and I’ve seen 2 coyotes in that time, but you have a right to carry out here, but think how you would feel with a man you don’t know with an AR and you didn’t he had a concealed handgun also asking question that the man felt you didn’t have the right to ask. He was within city limits and other people have a right to feel safe in their home also.

      Benjamin Franklin said, “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” The fact that someone does “feel safe” because a person is committing lawful acts and exercising his rights to carry a firearm is no concern of anyone else. The problem doesn’t lie with the individual carrying a gun, but with the individual who has an irrational fear of the mere site of a gun. As for the coyotes, you obviously don’t live where I live. We have coyotes on our property every. single. night. I think we’ve successfully killed most of them. I didn’t carry a rifle because I was afraid of being attacked by anything. If I was afraid of being attacked, I would have only needed my pistol. However, because we were hiking through and along pastures that are largely owned by my family, if I had the opportunity to shoot a feral hog or coyote at distance, I would have loved the opportunity. I also carried because it’s not against the law, plain and simple.

      I’m for the 2rd Amendment and leave my guns alone! But others have rights, this could of gone completely different if all concern would of taken a moment to see it from the other side instead just thinking of me like most do these days.

      When you say you are for the 2A and then say BUT, you lose your credibility. I did not infringe upon anyone’s rights when I exercised mine. As a matter of fact, our rights cease to be legitimate when they infringe upon another individual’s rights. For example, I have the right to yell “FIRE” anywhere I want. But, if I’m in a crowded building or movie theater, doing so would infringe upon another’s rights to safety and free enterprise. That is why I can yell fire at home, but not in a movie theater.

      I completely agree that this could have gone differently had the officer respected my right to free travel and keep and bear arms. When he attempted to steal my weapon without request, demand, notice, or warrant, he infringed on my rights and I responded as anyone should.

      OH! I’m a veteran also I twenty-two years in the army from 72-95, that doesn’t give you no right to act like your above the law or your better than anybody else. We did our job for the people of this country so they could feel safe here and go about their lives without fear.

      Congratulations and thank you for your service. The only person acting like they were above the law was the officer on the scene. Then, his supervisor when he showed up. I will, however, deign to admit that I am a better person because I knew my rights and the laws better than the officers. I also have more integrity and honor than those officers. If Americans are fearful at the mere SIGHT of a weapon, this country is more lost than I thought and your service and mine has been in vain.

      • I like the way you use your brain and not give in to people that can see the truth. We are no longer a free country. We no longer have rights. We the people gave them up. We gave them up to let other tell us how to live. We give them up because we fell safer with goverment telling us what is right and wrong. We have be come what we where told would happen by past leadders. We got to much in to home life and not in to standing up for what we all really want. We have had smoke screen after smoke screen.

        We need to understand one thing knowledge is power. We have got lost from the path. We need to get back on befor it is to late. We need thinkers not people just to follow. We now look like trains. We follow we lisson we do. We fo not thing for ones self any more. Open your eyes we are sheep and the wolfs are winning.

        Look around everyone running there own race but not winning because you can when you fo not understand the rules. The rules are not there but you can find them if you just stop this way of thinking. The rich do not run a race they have us to do it they just act like a leach. We the people. Hu. More like we the sheep.

    • I also wonder if you’ll rethink your position when the charges are dismissed or I’m found not guilty of the bogus charges against me.

  13. Good luck in your upcoming trial. I really don’t see any legal grounds they have against you but the government makes up their own laws these days. I really don’t see this country turning around anytime soon or ever for that matter. I really feel sorry for my children and can only imagine what this country will be like by the time they are adults. Thank you for your service to our country and once again good luck from Mississippi.

  14. I strongly suggest that MSGT Grisham and his attorney’s do an open records request and see how may complaints of misconduct have been filed against the police department in question. I STRONGLY suggest they do this and i can almost gurantee they will be pleasantly surprised. Especiallly in the past couple of months!!

  15. CJ…I am sure you are aware and youfr attorney is also…but after this is over…have this “arrest” removed from your record….never happend..you will have a clean record. I was falsely charged when a person criminally tresspassed into my house (ex girl friend) and tried to remove my property….then smashed my property. I called 911 and I was arrested because she said I had hit her (lie) and she made marks io n her neck and said I did it. The case was nol prossed by the state…I should have never been charged, I broke no laws but it cost me 5 K that I did not have at the time and I did get the arrest record removed. Also…good answer to Mr TX. Keep your chin up/

    • What you had done is called Record Expunging. Which I’m sure CJ will probably request.

      Oh and I hope your Ex-girl friend was charged with False reporting to law enforcement. I don’t know were you are from but were I live(Arizona) that carries a maximum 6 Month Imprisonment term and $2500 fine. If she wasn’t charged and processed, file a complaint with your District Attorneys Office. They love that kind of stuff.

  16. Hey C.J., Good Luck from Ontario Canada.

  17. Also an OIF and OEF veteran, Sgt type. Would have been glad to have you for a boss. Im out now, I was only in 4 years. I really have nothing pertinent to add other than you have my support as well. Keep us posted.

  18. Wondering if there is an update.

    • CJ has a court date on 31 July (I believe it is to enter his plea, NOT GUILTY, of course) then they will have the criminal trial. CJ is busy being active with his new non-profit, Open Carry Texas and doing open carry walks and educating the public.

      • last post i saw said court date for cj to plead.

        where has it gone since then?

        my hope is they dismissed all charges and cj has had the option to take his legal actions against who ever deserves them.

        thanks

        • It’s more the opposite. They have blocked out 2 or 3 days for a trial in October. Check the main page. I did an update but I can’t remember the dates.

  19. Screw the cops – I worked as a Armed Posse man in Arizona. I looked at going full time. But after I saw the real way they work, and the “good ol buddy” covering for each other when they step out of bounds…. I left them.

    This cop got caught with his pants down because they had a camera, and that pissed them off. So, they did the only thing they new how. Arrested him for some bogus claim. Then when they know they were licked because the F’d up, they reduce the charges to some other unjustified charge.

    The cops in this state are out of control, power hungry ALPHA males… They’re all the same- just piss one off and he’s going to handcuff you and write you up for some bogus claim.

  20. Hello, I see that it is not only in Brazil that police find themselves above the law, and I am amazed that this is happening in the U.S. too often wonder if I was shooting with his son and probably a minor at his side and was his safe conduct indirectly for your sake and your family, that evidence would have? fight the system? that puts employees above suspicion, the footage leaves no doubt of infringement of the law by the police officer who was in a lonely place, and with the arrival of his superior sacramented his blunder, not dissipate to fight for their rights, one hug and SUCCESS ALWAYS.

  21. Wish I read this before I sent e-mail to Temple PD. Just so you know I picked up this story on my units bulletin board in N.Y.! so you are not alone. We will stand with our brother in arms and support you and your family which I am sure this also took a toll on.

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