unlawful carry of a handgun (licensed)

[stroo]

Water over the dam for you, but for the rest of us, this is one of the reasons why you need to report what you think is bad behavior by an LEO. He obviously reported you with his spin on the event.

[asleepatthereel]

Did you ever report it to IAD? Something isnt right here. As I recall, the officer even gave your gun back to you. If you had committed a crime, Why didnt he retain the gun and call for back up officers to take you to jail? And why didnt you receive notice from DPS if your plastic had been revoked?

[DoubleJ]

I think the charge stems from the original encounter. the idjit was saying that JHutto couldn't carry into the restaurant because they sold alcohol.

that was my take.

[melkor41]

I know we are supposed to have a right to face our accusers, but it seems that he did not even know he was being accused!

If the charge is from the officer reporting that he carried into the restraunt that sold booze a quick glance at the TABC records should show if they were 51% or not at the time for the trial.

[Keith B]

I think the charge stems from the original encounter. the idjit was saying that JHutto couldn't carry into the restaurant because they sold alcohol.

that was my take.

You may be right, but I assumed it was the failure to conceal. Probably a combination of all of the above. Sounds like the LEO was having a bad day, didn't like the way jhutto was driving and decided to be a jerk about all of it.

[DoubleJ]

My rationale (or lack thereof) was that failing to conceal would be a charge of Failure to Conceal, whereas carrying where one cannot carry would be the UCW charge. course, I could be wrong, it's happened before!
your second point I completely and totally agree with.

[Frost]

The only explanation that makes any sense to me is that someone saw his gun and took down his license plate number and a warrant was issued for failure to conceal.

[aardwolf]

I think the trick would be proving intent.

[DoubleJ]

I think the trick would be proving intent.

agreed, but if the only POV that is filed, at least right now, is of the "Cop's," then JHutto has an uphill battle.
I think once everyone sits down, 'specially a good lawyer, and starts talking about "reasonableness, well, I believe JHutto will be squared away.
shewt, may even have cause to sue this idjit for damage. I don't know what damages, but sumpin'!
anyway, hope it works out!

[AEA]

If it were me, when he asked if I was going into the restaurant that served alcohol, I would have said "Yes, and I am gonna have a beer too, wanna join me?"

And it all of this was the reason for him to be arrested when re-newing his Driver's License with no notice (Legal) of DPS revoking his CHL Permit, I would get the best Lawyer I could afford and take them all to Court. I would also end up with my License back and some money in my pocket for more guns and beer!

[Mike1951]

by AEA on Mon Oct 15, 2007 7:08 am

It's just not worth it to mess with someone's career on a single incident.

If you think he was yelling at you for the stop and your gun,......what do you think he might do after he gets a reprimand or worse from his department? Some people hold grudges and I certainly would not want to be on the receiving end of this Guy over getting your feelings hurt on one occasion.

Words were said, nobody got shot, leave it at that.

If nothing else, this should be a lesson to all of us to report every incident, immediately, with no concern for the officer's career or how he will react.

Many gave jhutto advice to let it drop and that is the decision he made.

He is now reaping what was sown.

[AEA]

Mike1951,

As you have brought to everyone's attention, I was one of many who said to let it slide.
The outcome is that the Cop was a bigger jerk than I originally perceived and I agree that the incident should have been reported.

Hindsight is the answer to future problems and I also agree that every incident should be reported.

I would've still had that beer, and I am glad to see he is getting a Lawyer that will straighten these yahoo's out!

[jhutto]

I want caring at the DMV, and as far as I know my licence has not been revoked. i was obtaining the M designation on my DL...

HIS report says i was driving reaklessly, tring to pass people in a construction zone He followed and came to my window and said "whats going on" It is his assertion that he showed his badge then I intentionally untucked my shirt and showed him my gun in a threatening manner. (hence the charge)

How stupid would I have to be? OMG> and if I did that why would he give me my gun back.??? And why wouldnt he arrest me / shoot me ...

HIS STORY is an ABSOLUTE LIE, and it makes me upset. There are plenty of leos that still have ethics, but this one obviously does not.

[asleepatthereel]

From what I have read, the officer might be in for a rude awakening. It still seems strange that you never recieved any kind of notice from DPS as to the status of your plastic, or from the PD as to any warrants. If all you say is true, and I have no reason to doubt you, This officer needs to be counseled at the very least. If he is the hothead he sounds like, he needs to be taken off the street. Its officers like that that give LE a bad public image. Sometimes they forget who they work for, or get an authority complex. Thankfully it is but a fraction of officers that behave that way. I know under the circumstances it may be hard to believe, but remember that the vast majority of LEOs are on our side, and wouldnt think of letting a bad day affect their proffesionalism.

I hope everything works out for you.

[shootthesheet]

I would go after him with everything I had.

Every good LEO should agree that it is more important to protect the image of the police than cover up so one bad cop can get his retirement. It is my opinion that any officers past career should be considered but if found guilty of whatever should pay a higher cost than anyone else. I understand the "brotherhood" angle but loyalty ends when crime begins. Any guilt is not up to me and I am making a general statement with what one sided piece of info I have read.

God bless and protect the majority good LEOs out there.