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Mistrial In Case Of Soldier At Center Of Gun-Rights Debate
http://www.kwtx.com ^ | 10/18/13 | Nick Delgado

Posted on 10/18/2013 2:51:39 PM PDT by BBell

BELTON (October 18, 2013)—A mistrial was declared after jurors deadlocked Friday following two full days of deliberation in the trial of Army Master Sgt. Christopher "C.J." Grisham of Temple, whose case has drawn the attention of gun-rights advocates nationwide.

Grisham expressed frustration Friday of having to go through the ordeal of a trial because of the “actions of an abusive police officer.”

It was not immediately clear whether prosecutors will retry him.

The six-member jury started deliberating the misdemeanor case Thursday morning after both sides rested Wednesday afternoon.

Grisham was arrested in March 2013 after police received a report about a man who was carrying an assault-style rifle while walking along Airport Road in West Temple.

Grisham told the responding officers he was just walking with his son to help him get a Boy Scout Badge, but police confiscated the rifle and arrested him after the encounter his son recorded on camera.

The video shot by Grisham’s son quickly went viral and the arrest triggered a series of demonstrations.

Grisham was charged with misdemeanor interference with the duties of an officer.

"I don't think it's fair that I'm even being charged with this crime," Grisham said before the start of the trial Tuesday.

"The fact that I'm here in court for one I don't think that very fair to begin with because my son and I weren't doing anything wrong.

"I think after the facts speak for themselves I'll be set free,” he said.

"You can't let the police make up the rules as they go," said Keith Lee, a member of Open Carry Texas who showed up to support Grisham.

"Somebody has to stand up and say enough is enough."

Grisham said he was just relieved the trial is underway after seven months of waiting.

"I hope that it inspires them to understand that you don't have to sit back," Grisham said.

"It's a hard road obviously but hopefully after this is over there will be some training done in the police force to where it doesn't happen again to someone else."


TOPICS: Culture/Society; US: Texas
KEYWORDS: banglist; grisham; guncontrol; secondamendment
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To: William Tell

You are incorrect. Evidence is NOT required, probable cause is NOT required. What is required is “reasonable suspicion” a much lower standard. See Terry vs Ohio


21 posted on 10/18/2013 4:09:00 PM PDT by taxcontrol
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To: taxcontrol
"I could postulate a number of potential offenses, but the one most likely to be relevant to the situation would be poaching as it hunting out of season or without proper license (since the report indicated that it was a rural area)."

And what would you postulate had he been open carrying in an urban area?

I could postulate you're a kiddy porn addict because you have an internet connection. Just turn your smart phone over to the nice officer now so he can clear you of any wrongdoing. You have nothing to hide, right?

22 posted on 10/18/2013 4:17:42 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: William Tell

That. You got it.


23 posted on 10/18/2013 4:18:11 PM PDT by LaRueLaDue
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To: Dr. Bogus Pachysandra; DJ Taylor
I’ll take Yon’s words over his. He seems to be a complete buttwart!

I read Yon's entire article. He makes an almost irrefutable case that Grisham is an unstable attention whore who is probably a danger to himself and others.

Yon doesn't make any point whatsoever that Grisham was at fault in any way in the incident with the cop in Temple, TX or that the cop acted lawfully though.

24 posted on 10/18/2013 4:20:30 PM PDT by TigersEye (Stupid is a Progressive disease.)
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To: taxcontrol
Exercising ones Constitutional rights is not grounds for detainment.
What was clearly done was a civil rights violation of the 2nd Amendment.
People seem to be stuck on Color being the only civil right in America.
25 posted on 10/18/2013 4:22:20 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: BBell

>> “but hopefully after this is over there will be some training done in the police force to where it doesn’t happen again to someone else.” <<

.
I hope nobody is holding their breath.


26 posted on 10/18/2013 4:22:46 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Joe 6-pack
Well, there is the catch all ... “disorderly conduct” (which defines an offense, in part, as “displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm”). Now the fact that someone was already alarmed enough to call in a police report would be enough to support reasonable suspicion.

Now I understand you may not like the current laws and how SCOTUS has ruled on them. But the current state of affairs is that just about anything can be used to support “reasonable suspicion” as I have tried to show.

- walking down a rural road with a gun on your shoulder (poaching)
- walking down a city street when some liberal pansy metro-person gets all upset (disorderly conduct)

27 posted on 10/18/2013 4:27:37 PM PDT by taxcontrol
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To: taxcontrol
and then questioned as to his actions to establish if he was a treat.

Nope. He was a trick.

Happy Halloween!

28 posted on 10/18/2013 4:27:53 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: William Tell

I came away with much the same impression, just short of thinking Yon is a looney tune. “He doth protest too much” leaps to mind while reading his screed like a blaze orange cow in a field of grass.


29 posted on 10/18/2013 4:29:35 PM PDT by TigersEye (Stupid is a Progressive disease.)
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To: MaxMax

Not according to Terry vs Ohio.

And as long as the standard remains “reasonable suspicion”, the rights of the citizens can and will be trampled on. If you dont like this current state of affairs, work to elect politicians who will change the laws and require a higher standard like probable cause for a stop.


30 posted on 10/18/2013 4:30:17 PM PDT by taxcontrol
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To: BBell

cops think they are the only ones with a right to a gun and they are wrong


31 posted on 10/18/2013 4:45:33 PM PDT by yldstrk (My heroes have always been cowboys)
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To: BBell

According to him who cannot be named on this site initials AJ californian’s have been moving to TX in droves and when they get there they bring their nanny state attitudes with them and its ruining TX.

I can say all the New Yorkers and other yankees who have moved to GA have not done us any favors. Atlanta is now nanny state central. They leave the chitholes they came from and then create a new chithole where they move to.


32 posted on 10/18/2013 4:53:39 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: taxcontrol
taxcontrol said: "Evidence is NOT required, ..."

I'm sure that any "articulable reason" which would justify a Terry Stop would be admissible in a court of law and thus would constitute "evidence".

What "reasonable suspicion" would allow you to detain Grisham for poaching?

33 posted on 10/18/2013 4:58:07 PM PDT by William Tell
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To: taxcontrol
taxcontrol said: Well, there is the catch all ... “disorderly conduct”

Yes. And at least one state ( I can't remember which one) has passed legislation clarifying that simply bearing arms in public is NOT disorderly conduct.

It won't be disorderly conduct in ANY state as soon as the courts stop ignoring the Second Amendment.

34 posted on 10/18/2013 5:03:58 PM PDT by William Tell
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To: TigersEye
"He makes an almost irrefutable case that Grisham is an unstable attention whore who is probably a danger to himself and others.

At the risk of offending the strong anti-law enforcement element here on Free Republic, try to put yourself, for a moment, in this police officer’s shoes.

You have responded to a frightened citizen’s 911 call and you come upon a heavily armed man acting in an unstable, erratic, uncooperative, and confrontational manner. What would you do to defuse the situation?

Your options are to either double-tap or disarm. You can’t just walk away.

35 posted on 10/18/2013 5:16:13 PM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats have sided with our enemy.)
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To: DJ Taylor
You have responded to a frightened citizen’s 911 call and you come upon a heavily armed man acting in an unstable, erratic, uncooperative, and confrontational manner.

That is an interesting hypothetical but I haven't seen any evidence at all that Grisham was acting in an unstable, erratic, uncooperative, and confrontational manner.

36 posted on 10/18/2013 5:29:30 PM PDT by TigersEye (Stupid is a Progressive disease.)
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To: BBell

If you’re walking in the woods where there are wild hogs then you should go armed.


37 posted on 10/18/2013 5:36:58 PM PDT by marron
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To: William Tell

Yes, and that is exactly what we need more of. Sadly, recent events in Washington tell me that many will have to be replaced before we get there at a national level. Perhaps the states are our only refuge now.


38 posted on 10/18/2013 7:12:17 PM PDT by taxcontrol
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To: marron

Having hunted wild hogs in Texas... There is much truth to your statement.

I used a Winchester .30-30 with 220 gr soft-point bullets. A 10mm with 180 gr Hornady XTP’s for backup.


39 posted on 10/18/2013 7:15:52 PM PDT by Dead Corpse (I will not comply.)
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To: William Tell

I’m sure that any number of reasons could be strung together... walking down a road ... known rabbit and or small game area ... Rifle known to be a small game caliber (.223) ... Carrying a bag to potentially hold illegal game (backpack)

My point is that if anyone of us can come up with these “reasonable suspicions”, LEO’s can as well. A sad state of affairs and one that will only be corrected if we put in place legislators who have and present a strong defense of the 2nd Amendment. That will only happen if gun owners get involved in the election process.


40 posted on 10/18/2013 7:17:27 PM PDT by taxcontrol
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