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seamusTX wrote:A 22-year-old man was arrested on a charge of aggravated assault with a deadly weapon. He is accused of striking a bar patron with a pistol:

http://galvestondailynews.com/story/314874" onclick="window.open(this.href);return false;

His name is given in the link but no other information such as residence or occupation.

- Jim

A little more information

http://www.khou.com/home/Stabbing-victi ... 11225.html" onclick="window.open(this.href);return false;

seamusTX wrote:Also, if you look at the timeline, there was enough time between the people being ejected from the bar and the assault for someone to have retrieved a weapon from a vehicle. That would make it difficult to sustain a charge of carrying a firearm in a bar. - Jim

That is one reason why a DA may file charges such a failure to report a felony.

seamusTX wrote:Nobody said the other two guys were LEOs. They might have been fellow body-art enthusiasts or "furries."

There actually are only a few statutes in the penal code that apply only to LEOs. Mostly those have to do with places weapons prohibited and abuse of authority. Otherwise they have to obey the same laws as everyone else.

Penalties for stuff like drinking or conduct unbecoming are agency regulations.

- Jim

I wasn't suggesting that the law applies only to LEOs. I just thought that it was interesting that the names were not reported. My theory is that will use the failure to report charge to "convince" the person to testify against Mr. Dumas. If he/they were LEOs, it would look very bad for them not reporting a felony committed in their presence.

Keith B wrote:

seamusTX wrote:Somebody correct me if I'm wrong, but this offense is used to prosecute people who were involved in a crime but did not commit the main criminal act. The guy who was arrested was not simply a bystander. He was allegedly involved in the fight.

Think of the mopes who make cell phone video of crimes and put them on YouTube without bothering to tell the police. Usually these people know who the perpetrators are and other material information.

- Jim

I thank that was the intent Jim, but the way it is written will apply to anyone who would know that the crime was being committed but turn their backs and walk away without reporting it.

Police accused Dumas and two acquaintances of leaving the scene. Dumas was arrested at Galveston police headquarters, Porretto said.

Police charged another man with a Class A misdemeanor, accusing him of failing to report a felony offense. Police are seeking a third man accused of being with Dumas in connection with the incident. Charges are pending against him, Porretto said.

Wouldn't this be a good charge against an LEO who was in a bar drinking with his LEO buddy and witnessed him stab someone?

SC1903A3 wrote:

A friend of the suspect was also arrested and charged with failing to report a felony.

Would someone please explain this to me. Since when is it a crime for failure to report a crime?

§ 38.171. FAILURE TO REPORT FELONY. (a) A person commits
an offense if the person:
(1) observes the commission of a felony under
circumstances in which a reasonable person would believe that an
offense had been committed in which serious bodily injury or death
may have resulted; and
(2) fails to immediately report the commission of the
offense to a peace officer or law enforcement agency under
circumstances in which:
(A) a reasonable person would believe that the
commission of the offense had not been reported; and
(B) the person could immediately report the
commission of the offense without placing himself or herself in
danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.

I have been wondering as to the identity of Dumas' drinking buddies.
I also have been wondering what they do for a living.
Enquiring minds gots to know.