Susan Buxton wants her gun back

Paladin · Post by **Paladin** » Mon Dec 12, 2005 3:27 pm

http://www.dfw.com/mld/dfw/news/opinion/13377049.htm

"Posted on Sun, Dec. 11, 2005

What one woman wants for Christmas: a returned gun

By J.R. LABBE

Star-Telegram Staff Writer

Susan Gaylord Buxton wants her gun back.

She could have a long wait, given how slowly the wheels of justice can grind.

Buxton, known from hither to yon as the gun-toting granny, is confused about why Arlington police seized her handgun after she shot an intruder Nov. 9. It's not as if the circumstances under which Buxton used the Smith & Wesson .38-caliber featherweight are in question. The 66-year-old Buxton shot Christopher Lessner, 22, as he lunged at her from inside her hall closet. He'd broken into the house after fleeing from Arlington police at a traffic stop.

The story became fodder for late-night TV jokes, radio talk shows -- even a song parody. Buxton, who's got spunk to spare, doesn't mind the jesting but she's serious as a stroke about getting her gun back.

For his part, Lessner sits in the Tarrant County Jail, nursing a gunshot wound to the leg and unable to make a $15,750 bond for charges of criminal mischief, criminal trespass and evading arrest. There's an additional $5,000 bond for a theft he's charged with committing two days earlier in Euless.

Buxton, who has not been criminally charged, understands that the officers who responded to her 28-year-old granddaughter's 911 call needed to secure the premises. She willingly handed over her gun -- actually, she dropped it to the ground when directed to do so by an officer who was pointing his sidearm at her. Why police confiscated the gun is what has her baffled.

"What does it have to do with the case against Lessner?" Buxton asked. "It's not like he's charged with getting himself shot."

Christy Gilfour, media spokeswoman for the Arlington Police Department, said she is aware of Buxton's determination to retrieve her personal property, but the department isn't calling the shots.

"Until the case has gone through the entire adjudication process, the district attorney has asked us to hold onto it," Gilfour said Wednesday. "With any kind of criminal investigation that involves a weapon, even if our officers are involved in a shooting, we take the weapon and hold onto it."

Mark Thielman, an assistant district attorney in the county's criminal division, confirmed that the handgun is in the Arlington police property room at the direction of his office.

"It is undisputed that it was seized by police as part of a criminal investigation," Thielman said. "What particular relevance it has for the state in connection with prosecuting charges against Lessner or for the defense, I can't tell you.

"The defendant has a constitutional interest in receiving a full and fair defense. If his lawyer thinks those things are relevant, then the gun remains as evidence in the case. We have contacted Lessner through his lawyer and asked if they would agree to release the evidence that has been seized by police at this point. He indicated that he is not willing to do so."

That explanation doesn't sit well with Buxton, who thinks "the good guys aren't supposed to be penalized, and I consider myself one of the good guys."

"I didn't feel like a victim the first time, simply because I had a firearm and I knew how to use it, and that at least made us equal," said Buxton, who has completed the training and testing to receive a state-issued concealed carry permit. "But I feel victimized by my own police department because they won't return my property."

Buxton has enlisted the help of Arlington attorney Albert Ross to try to get her gun back. Ross, a member of the NRA and the Texas State Rifle Association, is contemplating filing a motion that would force Lessner's court-appointed attorney to declare in court why the gun is relevant.

"I think he's hanging onto it just for the hassle factor," Ross said Thursday. "If a judge enters an order to give Susan her gun back, it might force someone who doesn't want that to happen to go up on appeal. I don't think the state should pay for a court-appointed defense attorney to appeal such an order."

Buxton's frustration is understandable, but the truth is that she has the full force of the state working on her behalf to prosecute the suspect. Right now you couldn't convince her of that, since she sees the good guys -- the police and the district attorney's office -- as part of her problem.

As much as crime victims and victims' advocates dislike hearing it, the American justice system is about protecting the defendant's right to a fair trial. The accused, who is presumed innocent until proven guilty by a jury of peers, must have the leeway to mount a full defense. It's a well-established concept of our criminal justice system that if the prosecution has information that could cast doubt on the defendant's guilt, the evidence must be handed over.

It's impossible to know what Lessner's lawyer might argue, or by what stretch of the imagination Buxton's gun would figure into his defense. For now, her .38 remains in the police property room.

But thanks to the handgun and Buxton's ability to use it, this grandmother of 11 will spend Christmas with her family -- and Lessner will remain in the Tarrant County Jail, where his Christmas cheer will be three hots and a cot."

Paladin · Post by **Paladin** » Mon Dec 12, 2005 3:29 pm

I have the feeling she's not going to get it back anytime soon. All the more reason to have more than one gun.

It would probably be easier just to get a new one.

txinvestigator · Post by **txinvestigator** » Mon Dec 12, 2005 6:36 pm

It seems as though the poolice and DA have not yet decided if she will be charged. I imagine the case WILL have to go before the Grand Jury.

Charles?????

GlockenHammer · Post by **GlockenHammer** » Mon Dec 12, 2005 10:34 pm

Seems like there should be a "loaner pool" for this sort of thing. What are the liability issues if I "loan" my gun to someone who uses it improperly?

jbirds1210 · Post by **jbirds1210** » Mon Dec 12, 2005 10:39 pm

Glockenhammer,
I agree....we should all throw in five bucks and mail the lady a check!

Can the police be held responsible if someone breaks in and hurts this lady after she is left with no way to protect herself? I understand that the gun is evidence.....and rightfully so, but after a bullet is shot into the ballistics tank, it should be immediately returned to her. I would hate to run into the lady with only a kitchen knife to defend herself..it might get ugly

ElGato · Post by **ElGato** » Mon Dec 12, 2005 11:13 pm

I was thinking the same thing, Granny shouldn't be without a gun, I can imagine how I would feel if I only had one and they had taken it.

Son of a Gun, I just realized I haven't been without a gun since 1948, 46 if you count the old Daisy Red Rider.

Some of the Guys who live in that area want to start a collection and find her a good 38, used would work, I would be more than happy to help out with a donation.

Tomcat

Post by **Charles L. Cotton** » Mon Dec 12, 2005 11:15 pm

txinvestigator wrote:It seems as though the poolice and DA have not yet decided if she will be charged. I imagine the case WILL have to go before the Grand Jury.

Charles?????

I don't have any information on this. I'll see if I can get something and report back.

Edited 12/15/05: I had a brain fade. I was thinking of the wrong person, so I deleted my comment about a presentation to the Grandy Jury. I still think it'll go to the GJ, but not for the reason I previously stated.

Regards,
Chas.

jbirds1210 · Post by **jbirds1210** » Tue Dec 13, 2005 11:15 am

Charles,
If any of us ever have to shoot someone lawfully...isn't it better for our peace of mind that the DA to go ahead and take it before a Grand Jury? It seems like I would want that part to be over with and behind me! For some reason I was under the impression that a Grand Jury always reviewd shootings. Thanks.
Jason

Kalrog · Post by **Kalrog** » Tue Dec 13, 2005 11:18 am

jbirds1210 wrote:Can the police be held responsible if someone breaks in and hurts this lady after she is left with no way to protect herself?

No

txinvestigator · Post by **txinvestigator** » Tue Dec 13, 2005 11:18 am

jbirds1210 wrote:Charles,
If any of us ever have to shoot someone lawfully...isn't it better for our peace of mind that the DA to go ahead and take it before a Grand Jury? It seems like I would want that part to be over with and behind me! For some reason I was under the impression that a Grand Jury always reviewd shootings. Thanks.
Jason

Yeah, That what I meant. Until the Grand Jury hears it, it is an open case. all evidence will be kept.

stevie_d_64 · Post by **stevie_d_64** » Tue Dec 13, 2005 11:32 am

It sure sounds like they (DA's) don't want to schedule any kind of hearing till next year to resolve any of these loose ends...

Hoping all of this hoopla will just go away in time...

I thought I had heard that a close relative of hers had loaned her another firearm??? Another pistol of some sort...

I'd still like to hear how our elderly lady in New Orleans is doing after her run in with the contracted Law Enforcement after Katrina...Wonder if she got her pistol back???

Paladin · Post by **Paladin** » Tue Dec 13, 2005 12:25 pm

stevie_d_64 wrote: I'd still like to hear how our elderly lady in New Orleans is doing after her run in with the contracted Law Enforcement after Katrina...Wonder if she got her pistol back???

Not sure about the lady in New Orleans, but I read many of the NOLA confiscations were returned. Of course not everyone who had a gun taken was given a reciept... So I imagine some did not get their guns back.

Post by **Charles L. Cotton** » Tue Dec 13, 2005 2:01 pm

jbirds1210 wrote:Charles,
If any of us ever have to shoot someone lawfully...isn't it better for our peace of mind that the DA to go ahead and take it before a Grand Jury? It seems like I would want that part to be over with and behind me! For some reason I was under the impression that a Grand Jury always reviewd shootings. Thanks.
Jason

One other point to add to the responses: A "No Bill" from the Grand Jury doesn't mean that the case can't be submitted to another Grand Jury later, or the same Grand Jury for that matter. However, as txinvestigator said, a "No Bill" usually means the case is closed, unless it's a case that may have other suspects like murder and rape cases.

Regards,
Chas.

Paladin · Post by **Paladin** » Thu Dec 15, 2005 1:25 pm

stevie_d_64 wrote:I'd still like to hear how our elderly lady in New Orleans is doing after her run in with the contracted Law Enforcement after Katrina...Wonder if she got her pistol back???

http://news.yahoo.com/s/usnw/20051214/p ... ery103_xml

"NEW ORLEANS, Dec. 14 /U.S. Newswire/ -- A New Orleans woman is recovering from surgery this week from injuries resulting from when she was roughed-up by authorities who forced her to leave her home a week after Hurricane Katrina. Patricia Konie, 58, has filed a Federal lawsuit over the injuries and other violations of civil rights.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

Konie was greeting a reporter and photographer from a San Francisco TV station and a journalist from the London Times when police unexpectedly entered her home. When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder.

After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A Federal lawsuit was filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds."

Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of
Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court.""

stevie_d_64 · Post by **stevie_d_64** » Thu Dec 15, 2005 2:49 pm

Paladin wrote:
stevie_d_64 wrote:I'd still like to hear how our elderly lady in New Orleans is doing after her run in with the contracted Law Enforcement after Katrina...Wonder if she got her pistol back???
http://news.yahoo.com/s/usnw/20051214/p ... ery103_xml

"NEW ORLEANS, Dec. 14 /U.S. Newswire/ -- A New Orleans woman is recovering from surgery this week from injuries resulting from when she was roughed-up by authorities who forced her to leave her home a week after Hurricane Katrina. Patricia Konie, 58, has filed a Federal lawsuit over the injuries and other violations of civil rights.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

Konie was greeting a reporter and photographer from a San Francisco TV station and a journalist from the London Times when police unexpectedly entered her home. When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder.

After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A Federal lawsuit was filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds."

Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of
Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court.""

Glad you found this update...Thanks...

This kind of stuff really tests my metal...

I wonder what condition her house was in when she came back???

If a court has ruled against the police procedures (maybe not in this case), what was the penalty/punishment levied???

I'd like to know what was done...And what those California L.E.'s have to look forward to???