Jurors obviously like to see a man act like a man
"Friend, I can get more women than a passenger train." 
- Billy Joe Shaver
In a unanimous verdict, the 8-man, 4-woman jury that heard 
the case for aggravated assault with a deadly weapon against 
outlaw singer-songwriter Billy Joe Shaver acquitted him.
The Legendary learned of the verdict from one of the iconic 
outlaw's many friends who called to say that the jurors 
deliberated for about an hour and a half, asking twice to 
review exhibits entered into evidence.  First, they asked to 
see pictures, then they asked for the frame and cylinder of 
the tiny single action North American Arms .22 caliber 
revolver he used to shoot Billy Coker in the face.
The shameful truth is that 54th District Judge Matt Johnson 
ejected The Legendary from the courtroom when he laughed too 
loudly at one of Mr. Shaver's rejoinders to prosecutor Beth 
Toben as she obstinately hammered at his reputation through 
impertinent and hostile, repetitive questions about his 
status as an outlaw writer of country ballads - a man from a 
gallery of honky tonk heroes who have been placed outside 
the protections of conventional society.
The prosecutor asked earlier, "You had the wrong phrase, but 
you wrote the song," in a line of questioning his famed 
Houston defense attorney Dick DeGuerin objected to as 
argumentative and repetitive - irrelevant.
Her affect and demeanor was quite demeaning, to say the 
least.
Another man at that point made a comment, "Oh, woman, go on, 
now..."
After all, the matter goes to the First Amendment rights to 
freely express oneself.  Mr. Shaver expresses himself as an
outlaw.  What of it?
The judge had him ejected.
A few minutes later, she began to question why Mr. Shaver 
didn't leave instead of taking up the challenge to Mr. 
Coker's aggressive and rude behavior in brandishing a deadly 
knife and stirring peoples' drinks with it.
"A chickenshit would have left," he said.
She then began to give him the blues about her speculation 
that he and his ex-wife Wanda had been fighting and he 
wanted her to leave with him instead of talking to Billy
Coker, who said to him, "We're trying to talk. Shut the fuck
up!"
He explained that he had spent a lifetime in beer joints and 
he knows when to leave before trouble starts.
In this case, however, trouble had already started because 
Mr. Coker was berating her over the death by suicide of his 
cousin, her former husband, who shot himself with his own 
gun.  Why didn't he simply go the other direction instead 
of out the back door with Coker?
"No, ma'am, then he would have cut me."
Was the source of the confict really between he and Wanda?
He replied, "Friend, I can get more women than a passenger 
train."  The crowded courtroom burst into merriment.
Mr. Shaver is 70 years of age.
It was when the prosecutor began to question him about an 
autobiographical book he co-authored with Brad Reagan, Honky 
Tonk Hero, University of Texas Press, 2005, that The 
Legendary lost momentary cabin pressure and laughed too 
loudly.
"The truth is, Mr. Shaver, you've had a reputation all your 
life as an outlaw."
"No, ma'am, I wish I had a book about you.  I could 
really..."
The Legendary could not help himself.  His laughter was 
loud, abrupt, and voluble. He was not alone.  The judge, 
visibly upset with The Legendary, ordered his immediate 
ouster.
Oh, well, it was lunch time, anyway, and Tommy Witherspoon 
of the Waco "Tribune-Herald" has constantly reminded The 
Legendary for a week that "This is my house," meaning the 
McLennan County Courthouse.  "If I'd known who you were, I 
would have had you run off immediately," he said, more than 
once.
And it occurs to The Legendary that Ms. Toben in her own way 
was reacting as an outlaw woman, that deadliest of creatures 
who knows how to manipulate outlaw men to her best advantage 
through her actions and her wily behavior. Witnesseth, she 
is a female professional operating in the harsh and bruising 
environment of criminal law as a prosecutor - to great 
effect. Ms. Toben is a force to be reckoned with.
She was fully prepared to seek a conviction against the 
aging troubador that could very well have seen him spending 
the last of his days in the penitentiary because he simply 
would not retreat in the face of aggression toward his 
woman.
Whew.  
Enough said.
The Legendary had a chance to observe Mr. Shaver very 
closely during his trial.  He carried a medicine bag with 
him every day in which he concealed assorted objects he used 
as power fetishes, handling them, then going into periods of 
trance-like meditation, eyes closed.
There was an eagle feather, a short string of multi-colored 
beads, various small objects that he fondled and rubbed in 
his mangled right hand, the one injured horribly in a 
sawmill accident.
He was not really asleep during the afternoons.  He was 
resting his eyes and power napping the way elderly gentlemen 
do, men such as Mr. Willie Nelson, who sat in the courtroom 
with his eyes closed.  There is no telling where 
his warrior soul transported Himself during those periods.
Mr. Shaver's father was a Blackfoot Sioux, obviously a breed 
with a hatchet nose and with Norman and Anglo Saxon 
features.  He had a fearsome reputation as a bootlegger and 
bare knuckle fighter around the Navarro County seat of 
Corsicana.
At one point, The Legendary joined him in meditation and he 
snapped wide awake, giving me a piercing look with his 
ultra-blue eyes.  He asked, "Are you doing okay?"
I replied, "Yes, Mr. Shaver, I'm doing fine.  And so are 
you, sir.  So are you.  Believe it."
Through the worst of it all, he kept his nerve, even when 
the prosecutor quizzed him about serious neck injry gotten 
in an Indian leg wrestling match at The Bellagio in Las 
Vegas during a bacchanal arranged by Billy Gibbons of ZZ Top 
when he and Wanda Shaver re-did their wedding vows.
Obviously, these attacks on his credibility did not the 
least bit of good with the jury of his peers.  The men and 
women who judged him found that the State of Texas had 
failed to prove that he was not in fear for his life when he 
acted to defend himself and his wife.  His use of deadly 
force, therefore, was justified, the point upon which his 
attorney, Dick DeGuerin, hammered constantly through ques-
tioning of witnesses, objections and implication.
He got that point on the record is numerous ways.
Mr. Shaver's trials are not completely over.
He still faces a Class C felony charge of carrying a firearm 
on premises licensed to sell alcoholic beverages that 
derives more than 51 percent of its gross revenue from on-
premises sales of the poteen while licensed to carry a con-
cealed handgun.
He was bound over for trial on the cause on a $7,500 
appearance bond.
If convicted, he is eligible for probation because he has 
never before been convicted of a felony crime.
"And a man is a man for a'that," saith Bonnie Robert Burns, 
poet laureate of Scotland and the first Grand Master of 
Scottish Freemasons.
Something ancient and honorable was reaffirmed in Six 
Shooter Junction today.
So mote it be.
Depend upon it.
Believe it.
I have spoken. It is my humble prayer. I am sincere.
- The Legendary
Friday, April 9, 2010
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