Police Arrest Man With Gun At La Palmera

[TxEMTP69]

[url]http://www.kristv.com/Global/story.asp?S=10357703&nav=menu192_2[/URL]

No mention of if any intentions were ever stated

I hate malls to begin with...

 

[MadMo44Mag]

Well - no CHL permit and a stolen gun.
Nothing said about a stolen property charge - just he has a SEMI AUTO" gun
Just gotta love it.

 

[txinvestigator]

CORPUS CHRISTI - A man with a gun was arrested at La Palmera Mall Wednesday.
Police had gotten a tip that the suspect, Rafael Ortega, was in the mall armed with a gun.
When officers found Ortega and searched him, they found a .40-caliber semi-automatic in his waistband.
A check revealed the pistol had been stolen from an employee at NAS-Kingsville. Ortega faces charges for carrying a concealed weapon.

I hate the media. Texas has no charge of "carrying a concealed weapon".

He had to have been charged with UCW.

Regarding the stolen handgun; Texas also does not have a "possession of stolen property" charge. You have to be able to connect him in some way to the burglary or whatever resulted in the theft of the handgun.

I imagine that the detectives are working to link him to the theft of the handgun and then charge him.

 

[MadMo44Mag]

Thanks TXI
That explains why the stolen gun was a no issue in the article.
Yes, I hate the media as well!!!!

 

[Big country]

"It is OK that you stole the gun you just can't be carrying the damn thing around. What is wrong with you boy?" future quote from the judge in that case. Why are the DA's everywhere going so easy on criminals, I know some prisons are over crowded but this is reticules. Some thug steals a gun and is only looking at the charge for carrying it, slap him with both charges and send him away to meet Big Bubba in the big house with the little rooms.

 

[txinvestigator]

"It is OK that you stole the gun you just can't be carrying the damn thing around. What is wrong with you boy?" future quote from the judge in that case. Why are the DA's everywhere going so easy on criminals, I know some prisons are over crowded but this is reticules. Some thug steals a gun and is only looking at the charge for carrying it, slap him with both charges and send him away to meet Big Bubba in the big house with the little rooms.

How can you make the connection that just because the gun had been reported stolen, that HE must have stolen it?

It is not illegal to be in possession of stolen property.

 

[Big country]

I guessed. And it is unlawful to knowingly take or receive stolen goods. And I thought I said something about the idea that the detective was gathering evidence to file a charge, But I looked over it again and I did not say anything about it. Sorry that is my mistake so lets judge me on my judgemental comment alone please.

 

[Big country]

Yes txinvestigator you are correct, there is no evidence that he actually stole the gun. But you are taking the statement out of context. The first statement was meant to poke fun at lazy politically correct DA's, not to be taken as fact.

 

[txinvestigator]

I guessed. And it is unlawful to knowingly take or receive stolen goods.

Yes it is.

And I thought I said something about the idea that the detective was gathering evidence to file a charge, But I looked over it again and I did not say anything about it.

I wrote it.

 

[Big country]

Then it is still pertinent that the gun was stolen!

 

[robocop10mm]

How can you make the connection that just because the gun had been reported stolen, that HE must have stolen it?

It is not illegal to be in possession of stolen property.

It depends on how much time had transpired between the theft and the possession.

It is illegal to possess stolen property. It's called Theft by Appropriation. When it is a firearm it is a State Jail Felony. I can make that case all day long even in liberal Travis County.

 

[Big country]

Thank you!

 

[txinvestigator]

It depends on how much time had transpired between the theft and the possession.

It is illegal to possess stolen property.

No, it is not. But to be fair, I'd admit being wrong upon being shown that possession of stolen property is illegal.

There is no, "theft by appropriation" charge in the penal code.

The entire theft section of the penal code is based on "appropiation" of property.

 

[robocop10mm]

There is no charge of Theft in the Penal Code. There is a title of Theft. The charge is different than the title. Check the Texas Criminal Forms and Trial Manual book #7, Page 79. Theft-By Appropriation is the actual charge that comes from the Penal Code title of Theft.

The Penal Code is the law. The actual charge is different that the Penal Code statute. What most people call Assault w/Injury M/A is actually called Assault by Causing Bodily Injury. Most courts accept the abbreviated charge title but it is not techically correct.

Of couse there is still the concept of Legal Precedent. If the Courts will not accept a charge in that jurisdiction, the precedent is that it is not an offense in that jurisdiction.

 

[txinvestigator]

There is no charge of Theft in the Penal Code. There is a title of Theft.

If you want to nit-pick, there is an OFFENSE of Theft.



And that does not change the fact that it is not illegal to be in possession of stolen property.

It is illegal if you appropriated the property KNOWING it was stolen.

 

[Texan2]

If you want to nit-pick, there is an OFFENSE of Theft.



And that does not change the fact that it is not illegal to be in possession of stolen property.

It is illegal if you appropriated the property KNOWING it was stolen.

This looks like it could get good!

There actually is some case law (I have it somewhere in my office from a legislative update class from years ago) that stated that finding stolen items on a person the same day of a felony theft was probable cause to make an arrest. It would be a weak case without anything more substantial, but at least it is recognized as PC.

 

[TxEMTP69]

This looks like it could get good!

agreed

 

[Shorts]

ha ha Mom told me about that guy at the mall. Idiot.

 

[Big country]

This looks like it could get good!

agreed

For sure