Former County Commissioner Arrested For Unlawful Carrying

[carlson1]

http://www.kltv.com/Global/story.asp?S=11708430" onclick="window.open(this.href);return false;
There is a video if you follow the link. It is to the right of the picture of Mr. Cooper.

Former Smith County Commissioner arrested, says accusations false

TYLER, TX (KLTV) - A former Smith County Commissioner arrested for unlawfully carrying a handgun says the accusations against him are just not true.

Tyler police arrested Derrell Cooper this weekend after an alleged disturbance at Harley's clothing store. Police were called after Cooper was asked to leave the store, and wouldn't. Cooper had a small caliber handgun on him when he went inside. No gun was ever pulled, but Cooper says he still left in handcuffs.

"There were two assault rifles and a lady policeman that had a pistol that was drawn right at me, and I said, 'God, I'm fixin' to die,'" said Cooper. "They not only falsely arrested me, they falsely accused me…and they're at fault."

Cooper actually showed us his handgun license, which doesn't expire until next year. He says he plans to file charges against the city.

Tyler police say Cooper's charge will be changed to criminal trespassing since he didn't leave the store when asked. Police say DPS will also be notified because licensed handgun carriers are required to have their licenses with them at all times.

[PappaGun]

Former Smith County Commissioner Cooper doesn't sound like the brightest bulb in the box.

Keep your plastic in your wallet.
Pretty simple.
It helps avoid all kinds of problems.

[5thGenTexan]

Let's see no plastic on you while carrying in trouble with the DPS, not leaving when asked to in trouble with the local PD. Both at the same time while packing big headache. Politicians and bureacrats that only applies to the little people, I love it when one of them get their just deserts and finds the rules really do apply to them also.

[chabouk]

He was asked to leave and didn't: "oral communication" violation of 30.06, trespassing by a CHL.

[C-dub]

He might not have been asked to leave because of the gun. It sounds like he was causing a disturbance and was asked to leave and refused. Wouldn't he have been trespassing at that point? That's when he found himself in violation of 30.05 since he had a gun, license or no, at the time.

I think!

[PappaGun]

He might not have been asked to leave because of the gun. It sounds like he was causing a disturbance and was asked to leave and refused. Wouldn't he have been trespassing at that point? That's when he found himself in violation of 30.05 since he had a gun, license or no, at the time.

I think!

Yes. I agree.
The gun was a secondary issue and only became a problem when he apparently refused to leave when asked.

[TheArmedFarmer]

Yeah, he definitely broke the law by:

a) Not leaving when told to.

b) Not carrying his CHL with him.

Having said that, if I was on the jury, I would acquit. We ought to have the right to carry, period. This guy is in trouble because of infringing laws. The law is the law, true, and most here do follow it, but that doesn't mean it's a good law.

By the way, this guy was a Smith County commissioner. I know we have a member on this board who is also a Smith County commissioner (user: TxCommish). Maybe he knows Mr. Cooper.

[mr surveyor]

I believe that Mr. Cooper is definately guilty of trespass, if in fact he was asked by the appropriate owner/manager/agent of the property to leave, and refused to cooperate. It's my understanding that the firearm possession is just another exercise in PhD...piled higher and deeper.... making additional charges that would in fact be more severe than the basic trespass charge in the acsence of a weapon.

Before I reiterate my stance on private property owner's rights (as it may pertain in this case to the former commissioner being asked to leave the property) I would like to know a few more details that lead up to the request for law enforcement to be called.


surv

[Oldgringo]

TheArmedFarmer wrote:

The law is the law, true, and most here do follow it, but that doesn't mean it's a good law.

Do we get to choose?

[TheArmedFarmer]

TheArmedFarmer wrote:

The law is the law, true, and most here do follow it, but that doesn't mean it's a good law.

Do we get to choose?

No, we don't. This is why I have a CHL even though I believe the concept is an infringement.

Nevertheless, the job of a jury member is to judge the accused AS WELL AS the law in question.

[Dragonfighter]

Former Smith County Commissioner Cooper doesn't sound like the brightest bulb in the box.

Keep your plastic in your wallet.
Pretty simple.
It helps avoid all kinds of problems.

Unless you are getting dressed, holster and leave the wallet on the dresser, only to find out when you are out shopping and the wife asks you to pay for lunch.

Disclaimer: In lieu of the evidential use of internet posts, I am in know way stating that this occurrence is anything more than a hypothetical situation nor am I stating any direct knowledge of such an incident ever occurring.

[TheArmedFarmer]

Disclaimer: In lieu of the evidential use of internet posts, I am in know way stating that this occurrence is anything more than a hypothetical situation nor am I stating any direct knowledge of such an incident ever occurring.

[Oldgringo]

Former Smith County Commissioner Cooper doesn't sound like the brightest bulb in the box.

Keep your plastic in your wallet.
Pretty simple.
It helps avoid all kinds of problems.

Our Sheriff and I were talking one day about the follies of our Commissioner's Court. Sheriff opined, after some of the things that he'd heard from his contemporaries in other counties, he was starting to believe that there weren't but four Commissioners in Texas and they moved around from county to county. I said , stop it, you're killing me.

[surprise_i'm_armed]

Cooper actually showed us his handgun license, which doesn't expire until next year.

We have a conflict in the facts of this case. The above quote was in the OP.
But maybe the "us" was the reporters, so we are still unsure if he had his
plastic on him to show to the responding LEO's.

Some say he didn't have his plastic on him at the time of the incident.

Which is it?

If he had it on him, he's legal on that point.

If he did not have it on him, he's not legal.

SIA

[mr surveyor]

Some say he didn't have his plastic on him at the time of the incident.

Which is it?

If he had it on him, he's legal on that point.

If he did not have it on him, he's not legal.

SIA

he may not be guilty of "all charges", but would he not still be guilty of trespass if he was asked to leave the property and refused?