When the cops make up the law : Lone Star Times

When the cops make up the law

by Owen Courrèges · 07/07/2007 9:34 am

A portion of Rick’s post below really got to me:

“I told him I would kill his dogs if they ever came back on my property,” he said.

For that, Floyd Simon was issued a citation for disorderly conduct and assault by threat.

I know this is nonsense. Texas Penal Code Section 22.01(a)(2) governs assault by threat. Here’s what it says:

(a) a person commits an offense if the person . . . (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.

#1: A dog is not a person, and this guy sure as hell wasn’t married to his pit bulls. I can threaten your stupid dog as much as I please; it isn’t assault. These laws protect persons, not dogs.

#2: The threatened injury wasn’t “imminent.” This is a clear requirement of the statute. “Showing of “imminent” bodily injury as required to prove assault by verbal threats means a danger which must be instantly met and which is near at hand, in that it is on the verge of happening.” Hill v. State, (App. 11 Dist. 1992) 844 S.W.2d 937. Heck, even if this guy had threatened the neighbor himself, it wouldn’t have been assault. In fact, it’s comical to think that this triple-amputee was an immediate threat to anybody.

The police are not allowed to make up the law as they go along because they confront two angry neighbors. At most, the man was guilty of disorderly conduct as charged, but even then, if the man was still on his own property when he made the threat, he can’t be legitimately charged with anything.

Finally, you would have to believe that his threat constituted “fighting words.” I don’t think threatening to kill your neighbors dog if and only if the dog trespasses on your property, and after said dog has decapitated your own pet, constitutes language that can reasonably be read as threatening an imminent breach of peace.

If the story is accurate, there is so much wrong here it boggles the mind.

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Comments

12 Responses to “When the cops make up the law”

gregg on July 7th, 2007 at 10:08 am

Cops can do whatever they want. They have guns and can usually kick your a$$.
southerntragedy on July 7th, 2007 at 10:13 am

Owen: I am going by my neighbors house this evening or tomorrow to talk to him. Thanks for the information. I will pass it along to him.

You’ve got to understand that this is a small, redneck town. The cops can do anything they want.
It’s the police station, court, and water M.U.D., for goodness sakes!
american woman on July 7th, 2007 at 10:16 am

Southern Tragedy be sure to tell him he has a firestorm of supporters out here. To make this man even go to court to have this dismissed is just wrong! Keep us informed please.
vlou on July 7th, 2007 at 11:20 am

This poor man was wronged by the police, probably just because they wanted to quell the situation. I personally know of a gentleman who shot a stray
angry dog with a dog tag (there is a leash law) that came after his 7-year old daughter on their driveway (she just got off the school bus) and then charged at them as they closed the door. He got cited by the police after the owner found out and he had to get a lawyer and had to go to court. He said he was not sure if the dog was rabid and being that it was growling and chasing his young daughter for no reason and on his property, he took his small rifle and shot it to prevent it from biting his daughter. The judge threw out the charge (also, the dog’s owner never showed up for the hearing).
PBFloyd on July 7th, 2007 at 2:38 pm

You forget, since the PC nazi’s have begun dictating policy, you can only express outrage if you are the right color………I know nothing was said about race but I’ll bet dollars against donut holes that the guy given the citation was white………stupid bubba! Just because these monsters ripped his pet’s head off……he should learn to be more tolleerrraaannntttt!!!!!!!!
jimb on July 7th, 2007 at 3:39 pm

also, the dog’s owner never showed up for the hearing

Probably because he knew that he didn’t have a leg to stand on, and the judge would probably have charged him with something…
borderplex on July 7th, 2007 at 5:21 pm

I think it has less to do with the dogs and more to do with property rights. Don’t we have the right to protect and defend our property? (Please don’t tell PETA I referred to the dog as property)
Dov on July 7th, 2007 at 8:07 pm

There are some good cops. But most cops think they know more then the average citizen. ESPECIALLY when it comes to HPD.
SC on July 8th, 2007 at 12:25 am

HCSD has a few in the northwest too.
T-Hawkk on July 8th, 2007 at 1:07 am

Saddest story I’ve heard in years…

Don’t cops have some level of discretion?

I normally support cops but not in this case.

Maybe the cop owns a pit bull too.
southerntragedy on July 8th, 2007 at 11:23 am

#10 T-Hawkk: Don’t worry, shuug. My neighbor’s and I are working on this, and WILL NOT let it go. It takes at least 2 weeks for Mr. Simon’s tickets to show up, first. We are not going to let it go. If anyone wants to help him with this miscarriage of justice, you can contact me at:

southerntragedy@hotmail.com

On a lighter note:

A teacher is explaining biology to her 4th grade students. “Human beings are the only animals that stutter”, she says.

A little girl raises her hand. “I had a kitty-cat who stuttered”, she volunteered.

The teacher, knowing how precious some of these stories could become, asked the girl to describe the incident.

“Well”, she began, “I was in the back yard with my kitty and the rottweiler that lives next door got a running start and before we knew it, he jumped over the fence into our yard!

“That must’ve been scary”, said the teacher. “It sure was”, said the little girl. “My kitty raised his back, went ‘Fffff, Fffff, Fffff’…

and before he could say “fudge,” the rottweiler ate him!” /ducks, hauls butt, running zig-zag patterns
DeepPurple on July 8th, 2007 at 2:00 pm

#1,#8

Amen.