WWDD - What would the Duke Do?
“Courage
is being scared to death, but saddling up anyway.” ~John
Wayne
Temple
– When M/Sgt. C.J. Grisham showed up at the Temple Police
Department to get his Kimber semi-auto .45 ACP pistol and a Blackjack
Firearms AR-15 confiscated on March 16, they told him to come back
with some “evidence.”
Evidence
of what?
The
world saw a couple of police officers take the weapons and stash them
in the trunk of a patrol car when they arrested him; the arrest was
depicted on both his camera, which he struggled to hand off to his
son Chris, Jr., and a dashcam video with which the car is outfitted.
And
then they brought out both items to publish as evidence for jurors on
two panels who sat in judgment of whether he had interfered with the
duties of a public official, a misdemeanor offense.
In
the first trial, the panel deadlocked. A mistrial resulted. In the
second trial, jurors were able to quickly reach a unanimous verdict
of guilt when the judge revised his jury instruction. They concluded
that he had, in fact, put his hands on the rifle when the officer
made a move to take it away from him.
He
stands convicted, fined $2,000 for the Class B misdemeanor offense.
Officer Ermis skins his smoke wagon... |
All
concerned agree – it's not a gun offense. It's a case of disorderly
conduct, promenading down a rural road with a loaded rifle and
pistol, then becoming disagreeable and loud when Officer Steve Ermis
determined he would disarm him, jammed the muzzle of a pistol into
the back of his neck and bent him over the hood of the cop car. He
and his son were on a 10-mile hike in pursuit of a Boy Scout merit
badge. They chose to walk along Prairie View Road and Hwy. 36 near
the Temple Airport.
“Prosecutors
claimed it wasn't a gun case yet paraded my guns through the
courtroom, had the officer show how "easy" it would be "if"
I decided to use my rifle to shoot him or others, incessantly brought
up the fact that we were hiking near an airport and school (the
school was closed and I live literally 10 feet from the airport fence
and shoot in my front yard), and made a point of explaining to the
jury that "normal" people don't hunt with and AR-15 (umm, I
do!).”
He
returned, and the cops told him he would have to make a quick run to
Belton to see County Attorney Jim Nichols.
Mr.
Nichols demanded that he obtain a court order by having his attorney
file a motion showing cause why he should be restored to the
possession of his weapons.
“I
have the phone conversation recorded where TPD is telling me that Jim
Nichols' office said they will only speak to my attorney,” said
Sgt. Grisham.
But
there's a back story, here, and it emerged today as he answered
questions on the Open Carry Texas Facebook site.
In
multiple plea bargain offers, the prosecutors suggested he could get
his guns back and pay only a small fine if he would only plead
guilty. “I don't take the guilty plea,” he replied. They also
suggested he could always just leave Bell County to make the entire
problem go away.
Grisham
wouldn't hear of it.
Asked
why he won't consider just going into court with his attorney, he
replied, “David,
they WANT me to use my attorney so it costs me more money. I'm going
to get my guns back without my attorney because I'm not going to play
their game. I won't submit to their corporate system.”
He
elaborated, saying he intends to approach the media and the
Commissioners Court, seeking relief.
“Bell
County Attorney Jim Nichols is up to his typical anti-gun agenda. He
is refusing to return my firearms to me, in spite of the fact that -
according to their own testimony during the trial - this isn't a gun
case. TPD said they don't have possession of my guns and I had to
call the prosecutors office. However, TPD was told to convey to me
that they wouldn't be giving back my guns and that I couldn't demand
them back, to have my attorney do that (presumably so they can tell
HIM they aren't giving them back). They are still in possession of
stolen property: my Kimber .45 Ultra Carry Pro, Blackjack Firearms
AR-15 Serial #0003, and my SERPA holster.”
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