DPS Trooper Not Charged for Leaving Gun

[ErnieP]

Pflugerville police report a TX Dept of Public Safety trooper left his gun and badge this past Sunday at a Dollar General store. The Austin American Statesman reported: "[O]fficials said the weapon was found by people at the store, who turned it in to management."

The following article reports the items were found and turned in by a father and son. It appears the decision to not pursue criminal charges (gun left accessible to minor children), was probably due to innocent, lack of "intent" on the part of the trooper. Let us hope the prosecutor would feel the same if the person had just been a CHL.

http://www.keyetv.com/content/news/topn ... ZX99A.cspx" onclick="window.open(this.href);return false;

[Bob Landry]

How funny that it's the trooper on the picture at the gas pumps saying you'll lose you licence if you drive off..

[nitrogen]

I'm sure that if a regular non-LEO made the same mistake, the same leeway would be given, right?
right?

[seamusTX]

The people who found it are lucky that they were not charged with possession of stolen property. That has happened to people who found and tried to return cops' guns.

I've made my mind up if I ever find a firearm to call 911 and stay there until the cops arrive.

Ernie, you are correct about the reason for not prosecuting. PC §46.13 requires criminal negligence, which is a high standard of proof to meet.

There also generally is a no-harm-no-foul principle, though prosecutors increasingly don't respect it.

- Jim

[AEA]

I don't quite understand this........

Did he do it on purpose? If he did not do it on purpose, how is it that he did it at all? Where was the gun and badge left? Was it in the bathroom? Was it at the check out counter?

Why/how did he do this and is he still a DPS Trooper?

[seamusTX]

I don't know of any job where perfection is a reasonable standard of performance. We the people have a lot of money invested in a DPS officer. It makes no sense to fire one for a harmless mistake.

Besides, the guy is going to suffer enough with jokes like, "Joe, it's ten o'clock. Do you know where your gun is?"

- Jim

[longtooth]

I'm sure that if a regular non-LEO made the same mistake, the same leeway would be given, right?
right?

nitrogen you are soooo funny that I may still be laughing toooo hard to go to sleep when I go to bed tonight.

[longtooth]

I don't know of any job where perfection is a reasonable standard of performance. We the people have a lot of money invested in a DPS officer. It makes no sense to fire one for a harmless mistake.

Besides, the guy is going to suffer enough with jokes like, "Joe, it's ten o'clock. Do you know where your gun is?"

- Jim

Yes Jim, but there are some mistakes that are not acceptable.
When I was working in a machine shop here, myself & one more gentleman worked on huge 3-way valves. 5 figure parts & very few of those started w/ a "1" & a month of labor from pattern set up to ship.
Boss said on several occasions, "nobody pays folks to make mistakes, I pay you 2 not to make them."

I dont advocate firing him either but a "we will talk to him" or a piece of paper in his file w/ an expiration date is unacceptable too.

[tfrazier]

I dont advocate firing him either but a "we will talk to him" or a piece of paper in his file w/ an expiration date is unacceptable too.

Law Enforcement agencies are very quick to dish out copious amounts of disciplinary action so they can protect themselves from any liability for their employee's actions.

These guys get paid very little for the job they do and the "we will talk to him" or "piece of paper in his file" is usually actually a multi-day suspension WITHOUT pay that will have him and his wife traveling to the pawn shop to sell some keepsake so they can buy diapers or groceries.

I'm not exaggerating. Give the guy a break unless some other facts arise proving he's done it before or there was some intentional wrong-doing.

[Captain Matt]

They should let the people who found it keep it (if they're eligible to own firearms) and make the trooper replace the firearm at his own expense. That would be a good compromise between a slap on the wrist and losing his job.

[seamusTX]

OK. We're all entitled to an opinion.

- Jim

[tfrazier]

OK. We're all entitled to an opinion.

- Jim

Nope. I'm pretty sure I'm the only one entitled to an opinion. I just allow the rest of you to have one.

[ELB]

By nature, politics/ideology and upbringing, I am very much law and order oriented and likely to support cops on a general basis. However I have lived long enough and seen enough to learn that people in the law enforcement apparatus, including police, prosectors, and judges, do not deserver blanket or knee-jerk support. They are given extra powers and privileges, and I, at least, expect extra effort out of them to meet their responsibilties.

I particularly take a dim view of police organizations, or state bar organizations, dealing with misbehavior "in-house" that would result in public criminal and/or civil penalties if committed by a citizen.

For a cop to leave behind his ticket book, or hat, or some other piece of non-lethal gear is a mistake. To leave behind his gun and badge -- this is a serious act of negligence. If a civilian had left behind a handgun and his CHL, and the store had reported it to police, would he "get a piece of paper in his file?" And would it be handled out of public view? Or would it result in a police record, if only of arrest or charges dropped? This can be a serious consequence for at least some occupations...

If he has to spend a few days at home w/o pay and hock his computer or something to make it to the next paycheck, I would hope it gets his attention, and that he is thankful he still has a job.

[Commander Cody]

This gives me a lot of what ifs. What if a youngster found it while out of sight of a parent or adult? What if the youngster had an accidental discharge? What if a BG found it and used it? Etc.

[jbirds1210]

If a civilian had left behind a handgun and his CHL, and the store had reported it to police, would he "get a piece of paper in his file?" And would it be handled out of public view? Or would it result in a police record, if only of arrest or charges dropped?

I would say that some might handle it out of the public view.

Jason