I Love Temple

templeI need to take the time to inject some sanity into the current situation. I want to make something PERFECTLY clear. I love the City of Temple!

I understand that with the current gun control debate raging in congress and state after state succumbing to increased gun control and encroachment of our rights it would be natural to blame an entity for the actions of its members. But, the truth is that the City of Temple is NOT an anti-gun city. The Temple Police Department is NOT an anti-gun department.

This city is like a family. For the most part, we get along well with each other. Crime is not very high (that I’m aware of) and the standard of living is good. Our downtown is beautiful and historic. It’s populated with small, mom and pop restaurants, bookstores, and shops. There is a moving memorial to all the fallen Temple residents that paid the ultimate sacrifice fighting this nation’s wars.

Temple is very pro-military. I even flew a special flag on the 10th anniversary of 9/11 specifically for the City to put on its wall. Citizens of Temple took care of me and my team while we were deployed sending us care packages and letters.

This is a wonderful, conservative town. I hate that people are lashing out and saying they will never step foot here. I assure you, those who avoid Temple are doing themselves a disservice. I can’t think of anywhere else I’d rather be in the greatest state in the union.

We also have a great police department. Sure, there are some rough edges and they are being addressed. But, I urge you not to denigrate the entire police force. Up until March 16th, I never once had a negative encounter with a Temple PD officer. This tells me that incidents like mine aren’t the accepted practice in the department. I know a few of the officers personally and it pains me to see them accused of things that don’t apply to the majority of them. There is no agenda by the Temple PD to disarm citizens that I’m aware of. I do think that Bell County has too many issues pertaining the lawful carrying of firearms and there are too many instances of people being illegally disarmed in the area. I also disagree with the oppressive nature of the motorcycle cops that seem to serve no purpose but raising revenue for the city. However, that is a problem that EVERY city has. Too often, our police officers are reduced to being nothing more than local tax collectors along the veins of the Sheriff of Nottingham (and no, I’ve never gotten a speeding ticket in Temple).

Even with that said, I love and respect this city and I love and respect the Temple PD. Right now, there are trust issues because of how I was treated and how the supervisors don’t seem to be willing to reel in their officers. The good news is that those officers that need reeling in are few and far between.

It is simply unfair and inaccurate to blame the City of Temple for what happened to me. We will see whether or not the Temple PD supports the actions of its officer. Based on the statements released by CPL Wilcox, I tend to believe that at least some of the accusations may be true.

So, I’m asking for a temporary truce. Until the charges are dropped or this is prosecuted, I humbly ask that you exercise judicious reservations in criticizing the city and police department. Now, if you think the actions of the officers on the scene based on what you saw in the video were outside the bounds of their authority, I understand that. I’m with you there. But, let’s back off the phone calls and emails and Facebook postings and give the city and PD a chance to formulate an appropriate response.

Remember, right now this is not in the hands of the City of Temple or the Temple PD. Only the Bell County prosecutors can drop the charges. The Chief of Police and Mayor can probably put some pressure on prosecutors, but the decision is ultimately in the prosecutors’ hands. Believe me, no one wants justice more than I do. I’m confident that I will get justice and I know that I will cleared of all charges against me. But, please be respectful and engage in meaningful dialogue in your communications. Temper your emotions and convey your feelings intelligently and professionally.

I love the City of Temple! I was born here. I spent my summers growing up working on our family farm here. I have many friends here. We have a friendly City Council and we’re about to have a great mayor in Danny Dunn (shameless plug). If you come here, I think you’ll love it too. Just don’t speed. They want nothing more than to take your money. 😉

27 Comments on “I Love Temple

  1. CJ
    I hear by find you guilty of
    “contempt of cop” in the 1st degree and also a violation of the Temple Texas ordinance
    “you no minded the police”
    LOL
    Good Luck

  2. Quo Warranto

    A writ of quo warranto is not a petition, but a notice of demand, issued by a demandant, to a respondant claiming some delegated power, and filed with a court of competent jurisdiction, to hold a hearing within 3 to 20 days, depending on the distance of the respondant to the court, to present proof of his authority to execute his claimed powers. If the court finds the proof insufficient, or if the court fails to hold the hearing, the respondant must cease to exercise the power. If the power is to hold an office, he must vacate the office.

    The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondant, not on the demandant.

    By itself, the writ does not seek the support of the court to order the respondant to cease the exercise or vacate the office. That would be an accompanying writ of prohibito or a writ of mandamus. All such writs contemplate enforcement by the people as militia, although that could include the sheriff or constable as commander of militia. The right involved is that of the respondant to present his evidence.

    These writs are called prerogative writs because they are supposed to be docketed ahead of all other cases except other prerogative writs. The demandant represents the sovereign, the people, and anyone may appear in that capacity, even without a personal stake in the decision.

    A writ of habeas corpus may be regarded as a subset of quo warranto, for cases where the claimed power is to hold a prisoner, but with the addition of a requirement to produce the prisoner in court, not just appear to present evidence of authority.

    The prerogative writ of quo warranto has been suppressed at the federal level in the United States, and deprecated at the state level, but remains a right under the Ninth Amendment, which was understood and presumed by the Founders, and which affords the only judicial remedy for violations of the Constitution by public officials and agents. Here are a few writings on the subject. Revival of the writs must be combined with reviving standing for private prosecution of public rights, subverted by the “cases and controversies” doctrine and the decision in Frothingham v. Mellon, 262 U.S. 447 (1923), which is discussed in an article by Steve Winter, The Metaphor of Standing and the Problem of Self-Governance.

    Although some of these writings are copyrighted, we are assured that all the chapters of all the ones still copyrighted have been attached to pleadings in various cases, and thus made part of the public record, thereby putting them into the public domain.

    A critical key to achieving federal constitutional compliance is to resurrect quo warranto and other common law writs. This involves reasserting and strengthening the original All-Writs Act and repealing or declaring unconstitutional legislation, such as the Tax Anti-Injunction Act, and those Rules of Judicial Procedure, that have restricted the jurisdiction of federal courts to accept these writs and grant a fair hearing (“oyer”) and a decision on the merits (“terminer”) on such demands.

    For further reading:
    1. The Practice of Extraordinary Remedies, Chester James Antieau, 1987, Chapter on Quo Warranto.
    2. A Treatise on Extraordinary Legal Remedies, Embracing Mandamus, Quo Warranto and Prohibition, James L. High, 1896, Section on Quo Warranto.
    3. A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus, Certiorari, and Quo Warranto, Horace G. Wood, 1896, Section on Quo Warranto.

    Useful quotes:
    1.”Jurisdiction can be challenged at any time.” Basso v. Utah Power & Light Co., 495 F 2nd 906 at 910.
    2.”It is axiomatic that the prosecution must always prove territorial jurisdiction over a crime in order to sustain a conviction therefore.” U.S. v. Benson, 495 F.2d, at 481 (5th Cir., 1974).
    3.”The law provides that once State and Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980).
    4.”Where there is absence of proof of jurisdiction, all administrative and judicial proceedings are a nullity, and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack.” Thompson v Tolmie, 2 Pet. 157, 7 L. Ed. 381; and Griffith v. Frazier, 8 Cr. 9, 3 L. Ed. 471.
    5.”the burden of proving jurisdiction rests upon the party asserting it.” Bindell v. City of Harvey, 212 Ill.App.3d 1042, 571 N.E.2d 1017 (1st Dist. 1991).

  3. ” An officer who acts in violation of the Constitution ceases to represent the government.”
    Brookfield Const. co. v. Stweart , 284 F. supp. 94

    ” An officer may be held liable in damages to any person injured in the consequence
    of a breach of any of the duties connected with his/her office…
    The liablity for ANY nonfeasance,misfeasance,and for malfeasance in office is his/her individual,
    not official capacity.”
    70 Am Jur 2d. Sec. 50 VII civil liability
    This is any sworn office holder not just a cop.

  4. Hey MSGT please ask your lawyer to examine the force and effect of the writ of quo warranto and demand that he serve the city and the county with the writ and I promise the charges will go away. It has the effect of asking the dept “by what authority do you do these things?” When they act ultra vires, or vi et armis they have violated their oath of office and fidelty and this writ has the effect of shutting down the city charter and dissolves the incorporation stopping commerce. I am guessing there is some dollar signs and zeros to be protected there. Pax aut bellum, MOLON LABE!
    Respectfully in truth and liberty,
    Phillip – Defender of the republic and the one of the sovereign people spoken of in Yick Wo v. Hopkins US 118.356,370

  5. Thanks for your letter, CJ. I am sorry for the situation for all involved. You captured the spirit of this community very well. This event does not represent our community. I thank you very much for stating it so well. I believe that this is an opportunity for improvement for all of us. I trust that we will do better.

  6. Steve, you need to go back to sleep. If there is no probable cause, officer Ermis can only ask questions and, even so, CJ was not obligated to answer these questions without knowing why he was being questioned. If the officer was doing his job correctly, why didn’t he read him his Miranda Rights after he placed him under arrest? Why did he commit a battery against CJ in grabbing his rifle? Even though “peace officers” do so many times, they are not permitted by law to break the law when enforcing the law. This incident portrays a series of legal blunders and outright intentional violations of the law committed by the officer and his sergeant. It illustrates this officers inability, refusal or lack of knowledge of his job to follow the dictates of the law with regard to his profession. Even his sergeant, Minnicks I believe was his name, said that they didn’t have to follow the law. Ermins should suffer the consequences of his actions and so should his sergeant. Both are and should be held to a higher standard of trust because of the position they hold and when they don’t they are an embarrassment to their profession and the citizens who they are supposed to represent and serve. CJ, I fully support your actions and believe to are entitled to full restitution of your weapons and integrity, punitive and compensatory damages and to expunge any record of this incident. You are also entitled to apologies from the officers to yourself, your family and the city of Temple for their actions and to your employer, the US Army, for slandering the reputation of one of their members.

  7. This officer did nothing wrong and CJ’s actions forced that situation. If CJ respected the Police Department then CJ should have never acted the way that he did. CJ got what he deserved for his total lack of cooperation which kept that officer from simply trying to do his job. Be glad they reduced the charge, I think the Class A should have stood.

    The officer should be commended for doing his job and having to put up with all of this crap because of CJ’s agenda that CJ is trying to fight through him. I am sure that this officer has a family that he must support and CJ’s actions put his livelihood at risk through all CJ’s legal suits. I am sure that officer would have been happy never to have had that type of confrontation with CJ, but CJ did this to himself and CJ is responsible for the consequences of HIS actions not the officer.

    Hope CJ is found guilty and if he is not out of the army, then he is dishonorably discharged. CJ has no respect for his family, his community or law enforcement. CJ’s comments above are contrary to everything that he has shown to this date and that I have read about him and his confrontational agenda using the cloud of the 2nd Amendment.

    • Steve your an idiot. It was mighty late when you were writing your comment. Were you drunko or just a flaming liberal?

    • wow, STEVE!!! lay of the crack. The cop was way out of line!!! He had to take a oath to be a cop. how can any- one trust some one if they cant hold up his oath?

    • I hear North Korea is looking for a few good men, maybe consider going there, they love those who don’t think, or question anything and just do what they are told. You’d be a perfect fit. Maybe red China? We certainly don’t need the likes of you here that is for sure.

  8. It’s hard not to be judgemental about a city that treats its citizens with such disregard. I’m sorry to say it it but I hope I never have to go through your town based on your experience. I try to avoid places where people are mistreated. If it happens once, it can happen again. Try being a minority and see how much worse things can get. I have been arrested falsely aswell and have manged to fight the incidents because at the time I had resources to do it. I am also a concealed carry permit holder despite the extraordinarily bad experiences I have had with LEO’s, proving I am an upright citizen, as are you. Wish you the best!

  9. Handled yourself pretty well. I don’t consider this a statement lending itself to vindictiveness, but rather a thought of using the justice system in order to punish a police officer whom apparently has no regard for the law and from his demeanor along with his actions show he is quite accustomed to violating anothers rights. With that said, all of the public servants involved in this should be made to answer legally in every way including if at all possible for them to be brought before a grand jury. If not, is it not likely the same thing will just go on and on?

  10. You also might enjoy this quote:

    “A strong body makes the mind strong. As to the species of exercise, I advise the gun. While this gives a moderate exercise to the body, it gives boldness, enterprise, and independance to the mind. Games played with the ball and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be the constant companion of your walks.” – Thomas Jefferson

  11. I saw your interview with AJ good luck with your fight, and God Bless

  12. Hurray, Apple!

    I’m aware of and have been trying to find that very USC citation to recommend to CJ and his attorney! But you beat me to it.

    CJ – he is right – Officer Obie has opened himself up to a Federal Civil Rights suit which you can and should take to him. One consideration you should discuss with your counsel is timing. It is probably a waste of time to have your complaint heard by the current Justice Department – it is not interested in Constitutional Rights or the rule of law. However, the next administration probably will be. Food for thought on when you want to file the complaint without exceeding the statute of limitations .

    I’m proud of the way you stood up for yourself, and honestly, for all of us. A right not exercised, (and defended) will be taken away. I will continue to follow your case. God be with you.

    Greg
    Marietta GA – We take the 2nd very seriously here.

  13. Unfortunately there are too many ‘law enforcement officers’ who don’t know what being a Peace Officer is all about. That cop sounded like he just didnt like a mere civilian (non cop) questioning His Personal Authority. I contributed to the legal fund and hope you sue the heck out of them. Public attention and emptying their wallets is all that these people seem to understand.

    Job well done Sgt Grisham. An Attaboy to your son also. He did well under circumstances that would be stressful for any youngster.

  14. FYI: CIVIL RIGHTS LIABILITY UNDER 42 U.S.C. § 1983:

    42 U.S.C. § 1983, commonly referred to as “section 1983” provides:

    “Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.”

    CJ, your Lawyer can go after the “individual who acted illegally under the color of law” with this Civil Rights law. Once you get a personal judgement against the individual (not a judgement against the police department or the city which you and your neighbors ultimately end up paying ).

    Once you have a Section 1983 judgement against the person who violated your Civil Rights under this law, then take his house, his car, his boat, his bank account, what ever he owns of value, you can get it, or force him into bankruptcy, which is what he is attempting to do to you by putting you in the system falsely.

    Stay Strong.
    Morgan

    • :” A statute does not trump the Constitution.”
      People v. Ortiz ( 1995) 32 Cal. APP.4 TH At
      P.292, Fn 2
      ” An officer who acts in violation of the Constitution ceases to represent the government.”
      Brookfield Const. co. v. Stweart , 284 F. supp. 94

      ” An officer may be held liable in damages to any person injured in the consequence
      of a breach of any of the duties connected with his/her office…
      The liablity for ANY nonfeasance,misfeasance,and for malfeasance in office is his/her individual,
      not official capacity.”
      70 Am Jur 2d. Sec. 50 VII civil liability
      This is any sworn office holder not just a cop

  15. Well said C.J. While I do agree that it is wrong to create a mass hatred of the city of Temple due to the actions of one police officer, I do hope that you stand your ground as a law-abiding citizen that happened to be carrying an AR-15. What happened was wrong. Flat wrong. With that being said, I have no grandiose ideas about the city of Temple crumbling to the ground over it. But, I do hope that when you have your day in court that not only are the charges against you dropped, but that you receive a very public and written apology form the dept and the officer responsible. It is wonderful to see that you are a reasonable man and have not become full of hate over a very unfortunate incident. Good for you. Well wishes to both you and your son.

  16. CJ,
    Just saw the interview on AJ. You are a Patriot, and I’m sure along with my commendation, a certain few individuals named Washington, Jefferson, Franklin, Payne, Jackson, Smedley and a few others would be DAMN PROUD of you.
    Shoulder-to-Shoulder,

  17. Good letter CJ. Hope the County responds positively. This incident was blown out of proportion.

    • Well, many of us don’t think this was blown out of proportion at all.

      A uniformed officer violated this mans Constitutional rights. While doing so, he also endangered the man’s life (and potentially that of his son) by drawing his weapon on him. That officer carried out an assault. Then both cops fabricated charges to try to cover themselves.

      This is serious business and, unfortunately, happens much too often in this country today.

      • Agreed, Best of luck to you fighting this false charge and harassment.

    • I get what your saying JD. But we need to get rid of these bad seeds in law enforcement. I have many of buds that are cops and that have seen the video. He trumped up charges on you .Plus the commanding officer let him go threw with the chump charge. and when they do that they are breaking the law. they should be punished. if i was on a jury i would find him guilty of that. i get they city is a nice city. this guy will get paid time off, that is the code of the streets for the police, they are a gang

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