Temple, TX Prosecutor

ShootWhenICan

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Apr 5, 2012
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Things are getting crazier and crazier out there.



Bell County Attorney Jim Nichols Violating State Law by Holding Veteran’s Guns

I’ve been digging my nose into Texas law as it relates to the disposition of my guns that were stolen from me by Temple Police Officer Steven Ermis and endorsed by Sergeant Thomas Menix.

Yesterday, I went to the Temple Police Department to request my guns back now that my case is over. The receptionist behind the thick, bullet-proof glass looked at me confused, seemingly incredulous at the request. Two other TPD officers loitered nearby, also shocked at such a request. She asked me if I had an appointment with the evidence technician.

I responded that I did not; I was just there to pick up my guns. I was informed that I needed to make an appointment with TPD evidence custodian to get possession of my private property. Herald/MARIANNE LIJEWSKIJim Nichols - running for Bell County Attorney



Here's the whole ting and an audio clip too:
Bell County Attorney Jim Nichols Violating State Law by Holding Veteran?s Guns - Freedom Outpost | Freedom Outpost
 

London

The advocate's Devil.
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If you are being represented by an attorney it is common practice for the state to refuse to deal with you directly until they receive notice from your attorney that he has been fired. Expect them to talk to you like a Jew in Auschwitz until they get that letter; trust me I've been there. It sucks and it's stupid but that's the way it is.
 

ShootWhenICan

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Apr 5, 2012
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"It sucks and it's stupid but that's the way it is."


And would it have been like that if he was there picking up some other object, not a gun or a knife, but something completely "harmless"?
 

London

The advocate's Devil.
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"It sucks and it's stupid but that's the way it is."


And would it have been like that if he was there picking up some other object, not a gun or a knife, but something completely "harmless"?
I have no idea. I got a gun back from my local PD in CA without my lawyer. The reasons given seem valid.

In TX I can't even talk to the Child Support assholes until my lawyer sends them a letter saying I now represent myself, so I am not surprised by this.
 

benenglish

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I read the article referenced by the OP. Then I read the guidelines referenced in that article. From that link:

If there is no prosecution or conviction for an offense involving the weapon, the magistrate to whom the seizure was reported shall, within 61 days after determining there will be no prosecution, notify in writing the person found in possession of the weapon that the person is entitled to the weapon upon written request to the magistrate. If the person does not make a timely written request, before the 121st day after the date of notification the magistrate shall order the weapon destroyed or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the magistrate. The law enforcement agency holding the weapon may request an order of destruction or forfeiture from the magistrate if no order has been made within 121 days from the date of notification.
The person who wrote the first blog makes no mention of making a written request to the magistrate. No mention is made of receiving the notice from the magistrate that's required. In fact, he specifically says the 61 days has not yet expired.

This is one of those things, it seems (somebody correct me if I'm worng), where if you just know how to dot the I's and cross the T's, you can get what you want. It's not one of those things where you just waltz into the offices of a law enforcement entity and say "Gimme my guns!" to the receptionist.
 

txinvestigator

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May 28, 2008
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I read the article referenced by the OP. Then I read the guidelines referenced in that article. From that link:



The person who wrote the first blog makes no mention of making a written request to the magistrate. No mention is made of receiving the notice from the magistrate that's required. In fact, he specifically says the 61 days has not yet expired.

This is one of those things, it seems (somebody correct me if I'm worng), where if you just know how to dot the I's and cross the T's, you can get what you want. It's not one of those things where you just waltz into the offices of a law enforcement entity and say "Gimme my guns!" to the receptionist.

That never stops anyone from throwing a rant writing fit. ;)
 

Army 1911

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I know a guy who accidently shot his wife. Cops took that gun only along with ammo for it, chair she was in, spent bullet and a book that the bullet went through. No charges filed. 6 weeks later he got his gun back with no problems. He did have to make an appointment whit the evidence sergeant. This was in Richardson.
 

Mreed911

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In TX I can't even talk to the Child Support $#@!s until my lawyer sends them a letter saying I now represent myself, so I am not surprised by this.
I have custody of my kiddo in TX. I've found the CSU folks the worst part of the AG's office. EVERY significant interaction has required involvement from my state congressmen and/or the AG's Ombudsman. They're STILL not being aggressive in obtaining child support, primarily because the NCP (non-custodial parent) is female, IMO, but I digress...

The person who wrote the first blog makes no mention of making a written request to the magistrate. No mention is made of receiving the notice from the magistrate that's required. In fact, he specifically says the 61 days has not yet expired.

This is one of those things, it seems (somebody correct me if I'm worng), where if you just know how to dot the I's and cross the T's, you can get what you want. It's not one of those things where you just waltz into the offices of a law enforcement entity and say "Gimme my guns!" to the receptionist.
Agreed. I will say, however, from experience as a LEO that occasionally had to arrest folks in Bell County for a short time (thankfully), the system the DA's office uses to review and file cases is very different from every other county in Texas I've dealt with, but that was under a prior DA's administration so I can't comment on this current one. My experience was they love bureaucracy - it seems to provide them some sort of sense of protection from actually having to do anything. This might be because a lot of the folks they interact with are also active-duty military off-base from Ft. Hood.
 
Jan 5, 2012
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Ive lived in the Temple Belton area for 39 years. My background includes Belton police. Lots of interaction with TPD. Employed with the Bell co sheriffs office once upon a time.

You not getting your guns back. Is due to you pissing off Bell co. You can site law all day long. This is Bell County Texas. They do things the way they want. Laws be damned.

From folks getting bailed out of jail ~after being found dead in a holding cell. Deputies beating the ever living snot out of people. Male jailers searching female inmates.

15 year veteran detective of TPD getting sweeped away for child porn.

Ive seen people lose their career and liberty. All because of 'POPO'. Pissing off peace officer'.

Screen tests, where an imaginary cat runs in front of the patrol car. Breaks are slammed. The person in back bounched of the 'screen'.

Depuites for this county are not chosen on their abilities as a peace officer. Their chosen on the merit on how well they can keep their mouth shut.

This is Bell County Texas.

Do some reserch. If they will allow you. Into how many officer shootings that have taken place in the city of Temple. Pick a time span. Say 5 years. Compare it to Killeen. Hell, compare it to Austin. Arrest rates also. It'll make want to puke.

Ask yourself who wrote a check for 60 million for the justice center. Even though the voters said no. They didnt want to pay for it. Somebody did. Whom? Well he didnt want his name made public.

This is Bell County Texas.


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