Bedford PD Lt Roberts response

[Commander]

Today, I received an email from Bedford PD's Lt Roberts. He refers to a section of the law that I highlighted. That section was 46.035 (i) - Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06

Philip,

First, let say thank you for your interest in that matter and expressing your concerns. We take everyone's opinions seriously, and I would like to take a moment to address a couple of issues which you raised.

In regards to the "context" in which I used the term Exception. The term Exception is legal term, just a Defense and Affirmative Defense are legal terms. When I used this term, the context is was meant was in regards to the word as the legal term, as this was discussed during my contact with the reporter. This was in response to a question about the language to a section in 30.06, which relates that "(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035."

In regards to your last highlighted section, regards to notice being required even in this section as it is required under 30.06,it was reported that notice was posted at the entrances to the facility. I would also like to assure you (and ever citizen) that we review all cases before cases are formally forwarded to the District Attorneys Office for prosecution, and this is being done in this matter also.

Additionally, I am including an e-mail from Chief Flory, in which he relates a few points regarding this incident:

Dear Concerned Citizens:

Thank you for your interest and for taking the time to voice your opinions and concerns regarding the issue surrounding the arrest of a Concealed Handgun Licensee by members of the Bedford Police Department. We take your opinions and concern(s) seriously. Please let me take the opportunity to address our justification for the arrest and the circumstances surrounding it. Nothing that I am about to disclose is confidential and all information is subject to Texas Open Records Laws. I will address the issues in bullet points.

The "hospital" is Springwood Psychiatric Center. Affiliated and next
door to Harris H-E-B Hospital. Is houses patients being treated for a
variety of psychiatric disorders including drugs/alcohol addiction and
those that have attempted suicide (some with weapons)
It has a secure lockup area where some patients are being help under
emergency mental detention status therefore are not allowed to leave
under their own free will. In this secure lockup area, our own Bedford
Police Officers are not allowed to carry weapons; they must secure them
at the door even if we are responding to a disturbance.
The employee who was arrested had placed her handgun in her purse, had
put her purse in a room that was not secure and was within the look-down
area. Other employees and patients had access to the weapon.
The employee had been given prior written notice by her employer that
weapons are not allowed on the premises of the facility. It is our
opinion that regardless of the wording of the sign that was posted on
both the front and rear doors of the facility that this written notice
suffices for purposes of "notice" as required by statute.
The Tarrant County District Attorney's Office has been consulted
regarding this case and agrees that the arrest was credible.

As we do in all cases, a thorough review of the facts will be conducted by our Criminal Investigations Division who will consult further with the D.A.'s Office on this arrest.

As your Police Chief I, and all members of the Bedford Police Department are committed to enforcing the law legally, ethically and with integrity. I have made what I believe to be an aggressive and thorough initial review of the facts surrounding this issue and feel certain that we acted appropriately and within the law. However, if we find that after further discussions with the D.A.'s office that somehow we misinterpreted the law, I assure each of you we will take appropriate action.

Thank you,

David Flory
Bedford Police Chief


Again, I want to thank you interest in this matter and expressing your concerns.



Kirk L. Roberts, Lieutenant
Criminal Investigations
Bedford Police Department
W - (817) 952-2414
kroberts@ci.bedford.tx.us

By my reading of the section that I underlined, he has not seen the wording posted at the door of the hospital.

[jimlongley]

Well, there's a bureaucratic non-answer for you.

[Mike1951]

In regards to your last highlighted section, regards to notice being required even in this section as it is required under 30.06,it was reported that notice was posted at the entrances to the facility.

And it's clear that he still hasn't read the entire section or is incapable of understanding it.

[DoubleActionCHL]

A very old police officer friend of mine is fond of saying that "A uniformed office is just one letter away from an uninformed officer." Having recently gotten his Phd in Criminal Justice, his pet peeve is his fellow officers who don't bother to learn or understand the law.

It will be interesting to see the Chief and Lt.'s responses if and when it becomes apparent to them that they aren't fully understanding these statutes or that the hospital didn't comply.

[WildBill]

Edited

[txinvestigator]

I just noticed something published this evening on the Bedford Police Department Website. In their daily crime report they are listing the incident with the nurse's aide as an "Emergency Detention" rather than an arrest.

http://www.bedfordpolice.com/dailycrime.htm

An emergency detention is a involuntary committment order issued by a judge. I don't see anything that would correlate to the arrest of the nurse.

[WildBill]

Edited

[Mike1951]

The police can make an emergency detention without an order by a judge.

§ 573.001(a). “A peace officer, without a warrant, may take a person into custody if the officer: (1) has reason to believe and does believe that: (A) the person is mentally ill; and (B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (2) believes that there is not sufficient time to obtain a warrant before taking the person into custody. (a) A substantial risk of serious harm to the person or other sunder Subsection (a)(1)(B) may be demonstrated by: (1) the person's behavior; or (2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty. (b) The peace officer may form the belief that the person meets the criteria for apprehension: (1) from a representation of a credible person; or (2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.�

From what I see, there would hardly be grounds.

[WildBill]

From what I see, there would hardly be grounds.

Well, I was wrong about my post.

[Mike1951]

A person in a pysch ward with a gun?

Maybe working there makes one insane?

[txinvestigator]

The police can make an emergency detention without an order by a judge.

§ 573.001(a). “A peace officer, without a warrant, may take a person into custody if the officer: (1) has reason to believe and does believe that: (A) the person is mentally ill; and (B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (2) believes that there is not sufficient time to obtain a warrant before taking the person into custody. (a) A substantial risk of serious harm to the person or other sunder Subsection (a)(1)(B) may be demonstrated by: (1) the person's behavior; or (2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty. (b) The peace officer may form the belief that the person meets the criteria for apprehension: (1) from a representation of a credible person; or (2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.�

Absoultely correct. I am glad you pointed that out.

However, I don't believe this arrest was for the nurse.