New Year's eve arrest at Houston Hyatt

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ELB
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Re: New Year's eve arrest at Houston Hyatt

#46

Post by ELB » Tue Jan 09, 2018 6:38 pm

Caliber wrote:If I remember correctly, as it relates Texas gun laws, your "home" is where you sleep overnight (including a hotel room), your car, or a house boat. If that's so, then he should be able to bring a gun into the hotel room.

Correct or no?
I believe the relevant chapter of law is PC 46, and it does not speak to "home".

It deals with "person's own premises or premises under the person's control".

The definition of "premises" is thus:
"premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
except with regard to weapons-free zones, where the definition of "premises' is whatever is defined in the Education code.

"Premises" includes real property, and I think a hotel room counts as real property, but is it under the guest's control? The link provided by dlh above seems indicate it is not, at least not to the extent that "home" or recreational vehicle is:
dlh wrote:...

This is an interesting article discussing the rights and duties of hotels and their guests, but no mention of the criminal trespass issue:

http://www.dentonlaw.com/newsarticles/t ... t-alagood/
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Re: New Year's eve arrest at Houston Hyatt

#47

Post by philip964 » Tue Jan 09, 2018 6:41 pm

TreyHouston wrote:“Ziemba's bond is set at $100,000.
The DA's office said the bond is high because he was already out on bond when he committed another crime.” Added: will see the judge on Friday, I guess to enter plea?

I heard this at lunch today. His previous “crime” has to do with a weapons charge. From what I understood, this “crime” he is only being charged with trespassing and assault on an police officer.

WHO IS THIS GUY??
For those of you not from Houston the high bond became somewhat of a surprise. One of Houston's problems right now is professional criminals are getting 6,000 dollar bonds for their 30th arrest in two months. They make enough money from robbing and burglarizing that they can make the $600 every two day cash requirement for the bonds. The judges blamed the DA for not alerting them to the problem, the DA blames everyone's "right" to bond out of jail on crimes they haven't been convicted of. The police of course feel they are just a cog in a revolving door and are tired of rearresting the same folks everyday.

I'm figuring the high bond was due to it being a high profile "gun" crime and his lack of preferential status.
Last edited by philip964 on Wed Jan 10, 2018 10:00 am, edited 2 times in total.

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Re: New Year's eve arrest at Houston Hyatt

#48

Post by C-dub » Tue Jan 09, 2018 11:28 pm

Pariah3j wrote:
srothstein wrote:I think we may need to pay very close attention to this case. It may have a side effect we do not like.

The man had rented a room from the hotel and was asked to leave. The police arrested him and did charge him with criminal trespass for refusing to leave. Think about this for a minute.

Several times, we have stated in this forum that a hotel room is like an extension of your residence. You have control of it and can carry guns in there despite a 30.06 sign properly posted on the hotel doors. If the hotel room is an extension of your home (or the equivalent thereof) then this is a true statement.

But if I am asked to leave my own home or residence, I cannot be charged with criminal trespass for declining to leave. To get me out of my home against my will takes an eviction order from a court. This is true if I own the home and failed to pay a mortgage or tax on it, and it is true if I rent an apartment and break the lease in some way (such as having a loud party or not paying my rent).

The suspect in this case was charged with criminal trespass. I could be worried about things for no reason, having missed something somewhere. But I think this case needs to be watched very carefully to make sure we do not lose out on something by a poor decision.
I didn't read the article linked, but my understanding is he was asked to leave the Bar in the Hotel, not his hotel room. That's where the criminal trespass charges come into play from what I was reading, but IANAL so I may be wrong here.
I also wondered about that. Was he asked to leave the just the bar or the hotel entirely? Does it make a difference?
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Re: New Year's eve arrest at Houston Hyatt

#49

Post by RottenApple » Wed Jan 10, 2018 1:21 am

ELB wrote:"Premises" includes real property, and I think a hotel room counts as real property, but is it under the guest's control?
Can the guest lock it and prevent normal access by hotel staff or anyone else? If so, then it is 100% under their control. At least in my opinion. YMMV.


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Re: New Year's eve arrest at Houston Hyatt

#50

Post by philip964 » Wed Jan 10, 2018 10:02 am

philip964 wrote:
TreyHouston wrote:“Ziemba's bond is set at $100,000.
The DA's office said the bond is high because he was already out on bond when he committed another crime.” Added: will see the judge on Friday, I guess to enter plea?

I heard this at lunch today. His previous “crime” has to do with a weapons charge. From what I understood, this “crime” he is only being charged with trespassing and assault on an police officer.

WHO IS THIS GUY??
For those of you not from Houston the high bond became somewhat of a surprise. One of Houston's problems right now is professional criminals are getting 6,000 dollar bonds for their 30th arrest in two months. They make enough money from robbing and burglarizing that they can make the $600 every two day cash requirement for the bonds. The judges blamed the DA for not alerting them to the problem, the DA blames everyone's "right" to bond out of jail on crimes they haven't been convicted of. The police of course feel they are just a cog in a revolving door and are tired of rearresting the same folks everyday.

I'm figuring the high bond was due to it being a high profile "gun" crime and his lack of preferential status.
Here is a $100,000 bond for a man "with ties to another county", but its only for murder and pointing a gun at a police officer. He later cut the ankle monitor off and committed more crimes.

https://www.click2houston.com/news/hous ... -low-bonds_

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Re: New Year's eve arrest at Houston Hyatt

#51

Post by SQLGeek » Wed Jan 10, 2018 11:08 am

srothstein wrote:I think we may need to pay very close attention to this case. It may have a side effect we do not like.

The man had rented a room from the hotel and was asked to leave. The police arrested him and did charge him with criminal trespass for refusing to leave. Think about this for a minute.

Several times, we have stated in this forum that a hotel room is like an extension of your residence. You have control of it and can carry guns in there despite a 30.06 sign properly posted on the hotel doors. If the hotel room is an extension of your home (or the equivalent thereof) then this is a true statement.

But if I am asked to leave my own home or residence, I cannot be charged with criminal trespass for declining to leave. To get me out of my home against my will takes an eviction order from a court. This is true if I own the home and failed to pay a mortgage or tax on it, and it is true if I rent an apartment and break the lease in some way (such as having a loud party or not paying my rent).

The suspect in this case was charged with criminal trespass. I could be worried about things for no reason, having missed something somewhere. But I think this case needs to be watched very carefully to make sure we do not lose out on something by a poor decision.
This raises a hypothetical legal and logistics question.

Say I have a couple of handguns locked up in cases in my room from a competition, etc. I have had several drinks at the hotel bar and am legally intoxicated. I perhaps get a little loud at the hotel bar, maybe get into a minor verbal altercation with somebody and a manager tells me I cannot stay at the hotel any longer.

What would happen in this situation? I can't drive. I'm intoxicated and have to handle concealed handguns to presumably load them into a taxi to find another hotel. Even if I comply completely with the manager, am I more likely to be taken into custody just because I have handguns in my room?

Now before you say "Well you shouldn't be drinking or getting into altercations", I agree! And it's highly unlikely that I would get myself into trouble after having a few. But I am curious.
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Re: New Year's eve arrest at Houston Hyatt

#52

Post by SQLGeek » Wed Jan 10, 2018 11:14 am

rotor wrote: They guy brought firearms into a hotel that had a no firearm policy.
The Houston Hyatt is posted with both 30.06 and 30.07.
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Re: New Year's eve arrest at Houston Hyatt

#53

Post by rotor » Wed Jan 10, 2018 12:19 pm

SQLGeek wrote:
rotor wrote: They guy brought firearms into a hotel that had a no firearm policy.
The Houston Hyatt is posted with both 30.06 and 30.07.
I don't understand what you are trying to prove taking a partial quote from me. This guy brought firearms into a place that has a no firearms policy. The fact that they post 30.06/07 only applies to LTC holders. The fact that it is posted 30.06/07 is irrelevant in this case.
He brought firearms into the hotel, both handguns and long guns, was drunk and was asked to leave and refused. Trespass. Let's say he didn't bring any guns in, was drunk and asked to leave and refused. Trespass.

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Re: New Year's eve arrest at Houston Hyatt

#54

Post by SQLGeek » Wed Jan 10, 2018 5:00 pm

I wasn't trying to prove anything. I was simply correcting what I thought at the time was erroneous information. I see now that I misread that part of your post and I apologize for that. :tiphat:
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Re: New Year's eve arrest at Houston Hyatt

#55

Post by rotor » Wed Jan 10, 2018 5:33 pm

SQLGeek wrote:I wasn't trying to prove anything. I was simply correcting what I thought at the time was erroneous information. I see now that I misread that part of your post and I apologize for that. :tiphat:
No problem.


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Re: New Year's eve arrest at Houston Hyatt

#56

Post by O.F.Fascist » Wed Apr 11, 2018 10:45 pm

Bump for outcome.

https://www.chron.com/news/houston-texa ... 825784.php
Russell Lawrence Ziemba, who was arrested for kicking a police officer who found a stash of weapons in his downtown Houston hotel room on New Year's Eve, will get his high-capacity guns back after a county grand jury declined to indict him on any felony charges earlier this week.
...
After being arrested and charged with assault of a police officer, the 49-year-old Tomball man’s case was reviewed by a grand jury. On Monday, prosecutors failed to convince grand jurors that there was enough evidence to proceed on a criminal case, effectively dismissing it.
...
“The surveillance video from the Hyatt Regency showed insufficient evidence that Mr. Ziemba kicked the officer when he was being arrested for trespassing,” Easterling said in a brief emailed statement. “Everybody looked at it, homicide looked at it, and there was zero evidence of bad intent. He was just having a good time in a hotel, drinking.”
...
Easterling said Ziemba is now in drug and alcohol treatment with the Veterans Administration. He still faces misdemeanor charges of trespass. Notes in the file indicate that case would be resolved after the grand jury action.
Guy is lucky he had a reasonable Grand Jury. I wonder if the officer exaggerated the assault allegation in an attempt to hit this guy with a felony and strip him of his gun rights.


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Re: New Year's eve arrest at Houston Hyatt

#57

Post by philip964 » Thu Apr 12, 2018 9:21 pm

O.F.Fascist wrote:Bump for outcome.

https://www.chron.com/news/houston-texa ... 825784.php
Russell Lawrence Ziemba, who was arrested for kicking a police officer who found a stash of weapons in his downtown Houston hotel room on New Year's Eve, will get his high-capacity guns back after a county grand jury declined to indict him on any felony charges earlier this week.
...
After being arrested and charged with assault of a police officer, the 49-year-old Tomball man’s case was reviewed by a grand jury. On Monday, prosecutors failed to convince grand jurors that there was enough evidence to proceed on a criminal case, effectively dismissing it.
...
“The surveillance video from the Hyatt Regency showed insufficient evidence that Mr. Ziemba kicked the officer when he was being arrested for trespassing,” Easterling said in a brief emailed statement. “Everybody looked at it, homicide looked at it, and there was zero evidence of bad intent. He was just having a good time in a hotel, drinking.”
...
Easterling said Ziemba is now in drug and alcohol treatment with the Veterans Administration. He still faces misdemeanor charges of trespass. Notes in the file indicate that case would be resolved after the grand jury action.
Guy is lucky he had a reasonable Grand Jury. I wonder if the officer exaggerated the assault allegation in an attempt to hit this guy with a felony and strip him of his gun rights.
A very interesting development. I thought a DA could get a ham sandwich indicted. This man was given $100,000 bond in a city that seems to be a revolving door for repeat criminals getting out of jail, on very low bonds. (they have a right to be free because they haven't been convicted yet or something to that effect from the DA) Correct me if I am wrong, the arrested man's lawyer didn't get to say anything to the grand jury, the grand jury came up with this on their own, after hearing the DA, evidence, which I assume included a statement from a police officer that the defendant kicked him. Wow.

Did the Grand Jury like guns so much that they smelled a rat and over reach by just about everybody against the guy who just didn't want his guns stolen and then decided to have a good time on New Years Eve. Was there any discussion on how he got so drunk in the hotel. Drinking in his room or buying drinks at the hotel bar? Inquiring minds want to know.

Our drunken gun owner did not get off unharmed. I'm assuming the $100,000 bond cost him $10,000 he won't get back, plus attorney fees to this point, plus it sounds like some more.

Very interesting. I would not expect the same ending to this story in California or Austin.


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Re: New Year's eve arrest at Houston Hyatt

#58

Post by dlh » Fri Apr 13, 2018 7:53 am

Possibly the reporter got it wrong and the D.A. submitted it as a "no-rec" case. That means the District Attorney did not make a recommendation and simply let the grand jury decide.

If they really want to pursue charges the police could always ask the County Attorney or the City Attorney to file the assault case as a lesser misdemeanor offense without grand jury involvement.

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Re: New Year's eve arrest at Houston Hyatt

#59

Post by Keith B » Fri Apr 13, 2018 9:54 am

O.F.Fascist wrote:
Guy is lucky he had a reasonable Grand Jury. I wonder if the officer exaggerated the assault allegation in an attempt to hit this guy with a felony and strip him of his gun rights.
I doubt it. He probably did kick at the officer, but the video didn't catch enough of it to prove it was a kick, which means it was probably not much of one to start with.
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Re: New Year's eve arrest at Houston Hyatt

#60

Post by Soccerdad1995 » Fri Apr 13, 2018 10:21 am

Keith B wrote:
O.F.Fascist wrote:
Guy is lucky he had a reasonable Grand Jury. I wonder if the officer exaggerated the assault allegation in an attempt to hit this guy with a felony and strip him of his gun rights.
I doubt it. He probably did kick at the officer, but the video didn't catch enough of it to prove it was a kick, which means it was probably not much of one to start with.
Or they could both be right, and what the officer perceived as a kick in the heat of the moment was just the suspect drunkenly flailing a bit during the encounter. Who knows.

It would be nice to see a change in the law such that the attorney's fees and bond fees are reimbursed to defendants who are found not guilty, without the defendant having to file a civil suit. In any event, the $100,000 bond does seem a bit high given that the only accusation was of a guy getting drunk and possibly kicking at an officer who had been called in to toss him out of the hotel.
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