Posted on Mar 29, 2018
I have conflicting feelings over this. I know that open carry is a thing in Texas, but who crossed the line, if anyone?
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CJ Grisham, President of Open Carry Texas, Army veteran and recent candidate for State Representative in District 55, along with a couple of other people was arrested yesterday in Olmos Park, TX (Bexar County). He was tazed and subsequently injured in that arrest with a head injury and was hospitalized. I was told that the head injury was a large gash on the back of the head. He also suffered numerous scrapes on his wrists and arms.
Grisham and crew were legally opening carrying pistols and long guns in response to an event last week when an Olmos Park police officer drew guns on and detained someone with a protest sign solely for the reason of open carrying a pistol (which turned out to be a training fake).
Grisham had a phone conversation with the Olmos Park Police Chief, Rene Valenciano about their policies, etc. in which the chief seemed entirely unconcerned with his officers illegally detaining people for a perfectly legal activity. (The conversation will be linked in the comments below).
Grisham and crew went to Olmos Park yesterday and were legally and peacefully open carrying and got arrested for it. There is a video of the arrest. There was no articulated probable cause for the arrest. The police showed up, including Chief Valenciano and ordered Grisham and his crew to the ground. Grisham at least refused. It was Valenciano that personally tazed and arrested Grisham.
Between the phone call and video from the site, it's very clear this was an illegal arrest by an oath breaking police officer and they will be held accountable.
Grisham and crew were legally opening carrying pistols and long guns in response to an event last week when an Olmos Park police officer drew guns on and detained someone with a protest sign solely for the reason of open carrying a pistol (which turned out to be a training fake).
Grisham had a phone conversation with the Olmos Park Police Chief, Rene Valenciano about their policies, etc. in which the chief seemed entirely unconcerned with his officers illegally detaining people for a perfectly legal activity. (The conversation will be linked in the comments below).
Grisham and crew went to Olmos Park yesterday and were legally and peacefully open carrying and got arrested for it. There is a video of the arrest. There was no articulated probable cause for the arrest. The police showed up, including Chief Valenciano and ordered Grisham and his crew to the ground. Grisham at least refused. It was Valenciano that personally tazed and arrested Grisham.
Between the phone call and video from the site, it's very clear this was an illegal arrest by an oath breaking police officer and they will be held accountable.
Posted >1 y ago
Responses: 427
Based on this report, I believe Chief Valenciano, at the very least, should be reprimanded and retrained in the laws of the State of Texas. I would also support his impeachment as a Law Enforcement Officer.
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Just because you are in the right does not relieve you from the responsibility to follow a LEOs order. By being in the right but refusing to comply he moved over into the wrong category. Now he's injured (could have died) and complicit in a situation that escalated as a direct result of his actions. Whether right or wrong, just what are officers supposed to do when an armed citizen refuses to comply? Short answer: First the sheriff was wrong and then Grisham was wrong. Two wrongs still don't make a right.
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As a law enforcement this report sickens me. If true, I hope the chief and his office serve prison time for such an agreagious call constitutional violation
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Just another DOUCHEBAG who couldn't serve in the military so he is trying to make a name for himself by tasering a military person. He'll get off with a warning and maybe suspended with pay for a time then he will be right back in office violating peoples rights again. The time is coming! Soon they will be screaming "police lives matter." Keep violating our rights, see what happens!
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New York city illegally detains citizens from other states when they are carrying. And the courts there allow it. Same for its own citizens.
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As a 40-year law enforcement veteran and an elected official, veteran, and current practitioner, I hate to see these types of interchanges because most often such encounters can be resolved peacefully. When one is exercising their rights they do have constitutional safeguards but even when you are right or think you are in the right, it is better to comply with the instructions from law enforcement and sort out the conflicting issues after the situation is stabilized. Right and wrong can be sorted out afterwards by those involved or by state/federal investigators or the courts. When one does not comply with orders from a peace officer that is normally a separate offense (e.g., resisting, obstructing, delaying a peace officer) at least in my state. It is true, the police must reasonably justify their actions and they are subject to public scrutiny, civil liability and in some extreme cases, could even be criminally culpable. The 2nd Amendment issue is a sensitive one and obviously sacred to most Americans; however, federal, state, and local laws pertaining to firearms vary from jurisdiction to jurisdiction. I don't condone the actions of the police in this case or the demonstrators based on what I know but you also have to realize there have been a lot of peace officers killed in Texas this year and in previous years and police at all levels get a little touchy over handguns and long guns being displayed, especially at demonstrations. I sympathize with the cause but you have to realize cops have officer safety concerns and this situation should have been handled in such a way on both sides so that mutual understanding, respect, and a peaceful outcome was likely to occur instead of a confrontation and the arrest of at least some of the demonstrators. I am a big 2nd Amendment advocate but all gun owners have to be prudent in how they exercise their rights and realize that most negative contacts, even those that appear to be reasonably orchestrated, will be used by anti-gun advocates and in many instances, the media, to portray a negative perception of gun owners. I am grieved that this happened but I am also reluctant to pass judgment on either side because I wasn't there and videos can be deceiving and may not capture all of the action or facts in every incident. I'd like to think I would have handled this situation differently as a law enforcement leader but it is important at this juncture that an independent investigative body such as the State's Texas Rangers or perhaps attorney general investigate the incident to properly assess where the blame belongs and in this case, there may be some scrutiny applied to both factions. Thanks, Jon
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I see a civil suit in the making. This left wing police chief needs to lose his job and his accreditation's as well.
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Whats are you conflicted aboutt.? The officers crossed the line - big time. While I prefer concealed carry, there are times when open would be appropriate. Whether or not this occasion was appropriate or not is beside the point legally. Two things that are very "big in Texas" are the U.S. Constitution and the Texas Constitution. There is another thing to consider about "crossing the line" that is very clear in Texas Statues: It is a criminal offense for officials (including corrupt police officers) to deprive citizens of rights "under color of law."
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Yes.. Don't know what the conflict is.....The Constitution of the US (and the Constitution of Texas) are big things in Texas.....
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