Friendswood: Man charged after "pulling gun" on salesmen

[seamusTX]

In Friendswood (northern Galveston County) Friday a 27-year-old resident was arrested and charged with aggravated assault after he allegedly used a firearm to threaten two door-to-door salesmen.

The salesmen were also arrested and charged with misdemeanor soliciting without a license.

http://www.galvestondailynews.com/news/ ... f6878.html" onclick="window.open(this.href);return false;

The salesmen were 20-some-year-olds from Oklahoma and Iowa. I guess they just happened to run into each other and decide to sell magazines in a cul-de-sac in Friendswood.

Actually, the magazine sales scam is decades old. These people typically claim to be college students trying to work their way through school. Usually the victims never see a magazine. They don't steal enough from any one victim to warrant felony charges, and if the consumer complains enough they can actually issue a subscription.

I used to try to be civil to these people. Now I just tell them to go away. If for some reason they don't make an about-face, I tell them to get the [bad word] out of here. That seems to work.

Unfortunately, the resident is now looking at 4- to 5-figure fees for bond and lawyers to keep his posterior out of prison.

- Jim

[barstoolguru]

he should have though that out before pulling a gun, that is going to cost him

[rp_photo]

I know that a person has rights to display weapons on their own property, but what are the limits?

Or perhaps it didn't happen on the man's property.

Actually, the magazine sales scam is decades old. These people typically claim to be college students trying to work their way through school. Usually the victims never see a magazine. They don't steal enough from any one victim to warrant felony charges, and if the consumer complains enough they can actually issue a subscription.

That scam may need to be updated, as fewer buy printed magazines these days.

[E.Marquez]

I know that a person has rights to display weapons on their own property, but what are the limits?

Or perhaps it didn't happen on the man's property.

Actually, the magazine sales scam is decades old. These people typically claim to be college students trying to work their way through school. Usually the victims never see a magazine. They don't steal enough from any one victim to warrant felony charges, and if the consumer complains enough they can actually issue a subscription.

That scam may need to be updated, as fewer buy printed magazines these days.

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:

In PART

(8) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;

AND

(b) It is a defense to prosecution under Subsection (a)(4)
that the actor had significant provocation for his abusive or
threatening conduct.

So was he addressing such conduct from the solicitors?

AND

(c) For purposes of this section:
(1) an act is deemed to occur in a public place or near
a private residence if it produces its offensive or proscribed
consequences in the public place or near a private residence;

http://law.onecle.com/texas/penal/42.01.00.html" onclick="window.open(this.href);return false;

[rp_photo]

As I understand it, it is generally OK to answer one's door with a openly-carried or held weapon as long as unwarranted threats aren't made.

What if the salesmen saw a legally-displayed weapon and exagerated a bit as far as threats?

[seamusTX]

I know that a person has rights to display weapons on their own property, but what are the limits?

The unfortunate resident was charged with aggravated assault.

You can't legally point a firearm at another person unless there is a threat of bodily harm or one of the offenses listed in the well-known Penal Code 9.31, etc.

The memo does not seem to have gone out that you can't do the "get off my lawn" thing with annoying salesmen, Jehovah's Witnesses, Mormons, girl scouts, or anyone else who shows up on your front porch to pester you.

The scammers and robbers making probes do not hesitate to call 911 (if they don't have outstanding warrants). This also goes for road-ragers.

- Jim

[PUCKER]

I've had these jokers come around before...the last time I asked them politely to leave, they did not, I was outside on my side patio working on installing pavers...I had a nice hand-held sledge in my right hand....I quipped to them that "arguing with the man with the hammer would not be a smart thing to do, now LEAVE!"...and they did. I get the persistence thing, I do...but when someone tells you to leave their property, well, you really should leave.

[E.Marquez]

I know that a person has rights to display weapons on their own property, but what are the limits?

The unfortunate resident was charged with aggravated assault.

You can't legally point a firearm at another person unless there is a threat of bodily harm or one of the offenses listed in the well-known Penal Code 9.31, etc.

The memo does not seem to have gone out that you can't do the "get off my lawn" thing with annoying salesmen, Jehovah's Witnesses, Mormons, girl scouts, or anyone else who shows up on your front porch to pester you.

The scammers and robbers making probes do not hesitate to call 911 (if they don't have outstanding warrants). This also goes for road-ragers.

- Jim

So, we should invite them in to see the new sound proof basment addition you just finished

[Seabear]

If you have asked them to leave and they don't, aren't they comitting criminal trespass ?

PC §30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.(b) For purposes of this section:
(1) “Entry” means the intrusion of the entire body.
(2) “Notice” means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

[Abraham]

How do the police KNOW the salesmen were telling the truth about the gun?

Was their word accepted at face value because there were two of them and only one of him?

Anyone can accuse, doesn't mean it's the truth.

Or, did the homeowner fess up to pointing a gun at them?

Anyone here know the details?

[Charles L. Cotton]

How do the police KNOW the salesmen were telling the truth about the gun?

Was their word accepted at face value because there were two of them and only one of him?

Anyone can accuse, doesn't mean it's the truth.

Or, did the homeowner fess up to pointing a gun at them?

Anyone here know the details?

According to the article (for whatever that's worth), the homeowner refused to talk further when the officer asked him about the gun. So they didn't get his side of the story.

Something else to remember is that apparently he confronted them after his mother bought one or more magazines. If that's correct, he may have been demanding a refund rather than demanding them to leave.

Chas.

[seamusTX]

If you have asked them to leave and they don't, aren't they comitting criminal trespass ?

Yes, if they were actually on private property.

How do the police KNOW the salesmen were telling the truth about the gun?

I don't know.

Police officers don't just arrest everyone who looks at them sideways. They try to get a realistic picture of the situation. They call this the totality of circumstances and evidence.

I don't know about the Friendswood PD, but many agencies in Galveston County now have to get a go-ahead from the assistant district attorney on call before they make a felony arrest.

There is a lot more audio and video recording these days than in the past. Nearly everyone has a cell phone or some kind of "smart" device that has a camera and can record audio. Maybe that was a factor. Having someone do a "Death Wish" pose is not something that would look good in court.

- Jim

[A-R]

How do the police KNOW the salesmen were telling the truth about the gun?

Was their word accepted at face value because there were two of them and only one of him?

Anyone can accuse, doesn't mean it's the truth.

Or, did the homeowner fess up to pointing a gun at them?

Anyone here know the details?

According to the article (for whatever that's worth), the homeowner refused to talk further when the officer asked him about the gun. So they didn't get his side of the story.

Something else to remember is that apparently he confronted them after his mother bought one or more magazines. If that's correct, he may have been demanding a refund rather than demanding them to leave.

Chas.

And we don't know whether confrontation took place on private property or if he pursued them onto public property to confront them

[Charles L. Cotton]

I know Friendswood PD's Chief personally and he's staunchly pro-gun and has no problem with defending oneself. (He's a retired Marine Corps Col.) I suspect there's a lot more to this event than is being reported. It could also be that the "salesmen" threatened him, or the gun was never pulled from a holster, or . . . Who knows?

Chas.

[Katygunnut]

It will be interesting to see what comes out on this one. I sure hope that there is some solid evidence that the homeowners gun actually left it's holster, and not just that he was open carrying, to support an arrest. As noted, with the prevalance of smart phones, the "victims" likely both had audio and video recording devices that they could have used to gather evidence, if they were truly threatened at gun point.

Now if the facts show that the homeowner just lost it and pointed a gun at 2 sales people who were not threatening him in any way, then that homeowner should definitely be locked up.