13.4 ounce. Additional pun intended.
Posted on 11/20/2009 8:44:56 AM PST by Orange1998
by JASON WHITELY / WFAA-TV
Posted on November 20, 2009 at 12:56 AM
WYLIE - A canister of pepper spray is now at the center of a Wylie dispute after a North Texas man found out what most people don't know, anyone who carries it can face a felony.
Jason Simpkins admitted he looked suspicious when a Wylie officer stopped him while he was driving his truck with a jet ski inside his lawn mowing trailer.
It happened early on the morning of August 22.
"I didn't have a problem with it at first," Simpkins said. "I gave him my drivers license. I thought, 'Okay, you know, it does look suspicious.'"
Police were curious if it was stolen, but Simpkins provided proof he owned the jet ski.
The officer then noted that Simpkins' speaker for his truck alarm positioned in his grill looked similar to a siren, though the officer never tested it to see what sound it emitted. News 8 did and heard a loud screeching sound, but no type of emergency tone.
Simpkins had what police thought were red lights in his grill, as well. But, again, no officer activated them. The "lights" don't illuminate, but are rather part of a laser detection system.
Officers also saw a police scanner and a law enforcement type light switch often used to activate emergency strobes. The scanner isn't illegal to have and no one tried switching on the lights, which would have illuminated nothing more than fog lights.
After an extensive check, police discovered Simpkins had no criminal warrants and no prior record.
But, 40 minutes and four officers later, questions continued.
"They said, 'Do you have any weapons.?'" he said. "I think out of respect for officers, if an officer says, 'Hey, do you have any weapons in your truck or your vehicle?' you should tell them. It's an officer safety thing."
Jason volunteered information that he had a four-ounce can of pepper spray he purchased legally inside his satchel in the cab of his truck. The spray is sold to the public, but marketed as law-enforcement strength.
The investigating officer, a young man named Officer Silas Hughes, said it was illegal to possess. That was something that even surprised his sergeant.
"Is that a prohibited weapon?" the sergeant asked Hughes according to a recording of the dash cam video.
"Yeah, you're not supposed to have it," Hughes said.
"Really?" the sergeant pressed.
"[You] can't have police-strength pepper spray," he said. "I can look it up in the penal code real quick. I can't remember exactly where it's at, but I know it's in there."
But, there is no such wording in the Texas Penal Code.
Simpkins, who the dash cam video showed was cooperative, said he couldn't believe what happened next, which was all captured on the dash cam video.
HUGHES: "You can carry stuff like Mace, things like that, like the little stuff you buy on TV, that kind of deal. This is a no-no. You can't do this."
SIMPKINS: "Really?"
HUGHES: "That being said, you want to turn around and put your hands behind your back?"
SIMPKINS: "Wait, wait."
HUGHES: "Put your hands behind your back."
SIMPKINS: "I'm under arrest for..."
HUGHES: "I've asked you twice. Number three time, turn around and put your hands behind your back."
Simpkins complied.
He was arrested and charged with a third-degree felony. Pepper spray, Wylie police alleged that night, is a prohibited weapon. A Collin County Grand Jury agreed to prosecute the case, but refused to indict.
John Duscio, Wylie's police chief, said the system worked.
"They didn't say the officer did anything wrong," Duscio said. "They just felt there wasn't enough to continue on because there is a lot of variance, a lot of gray in that law."
The chief admitted he has never heard of another case similar to it. But, he adamantly supported his officers as they considered the totality of the circumstances.
The exception in the law is vague, stating pepper spray is illegal to possess in anything "other than a small chemical dispenser sold commercially for personal protection."
"Is this one small?" Chief Duscio asked holding up a two ounce canister of pepper spray.
"Is this one small?" he asked holding up Simpkins' much taller four ounce black canister. "You might say it's small. I might say it's not. The law doesn't clearly state what small is or what a chemical dispensing device really is."
Wylie police tested the flaw in the law and lost. Simpkins said he is just upset it happened at his expense. He lost $6,200 in expenses related to the arrest and hiring an attorney, he said.
Since the grand jury refused to indict, essentially dropping the charge, Simpkins wants a refund and his record expunged.
Duscio said he met with Simpkins but would not divulge what was discussed or what might happen.
A call to the Wylie city manager, Mindy Manson, was not returned as of 10 p.m. Thursday.
And this is why you never, ever volunteer information to a cop who has stopped you, and never submit to a search.
And this is why you never, ever volunteer information to a cop who has stopped you, and never submit to a search.
I'd say these asshole cops should be voted out or fired.
I remember when I was a rookie in my field. I knew a lot of little ins-and-outs on a computer, and when I started working help desk jobs, I would gladly pick up where a less-experienced person left off, even if it made them look bad.
This is a case of a young rookie officer who recalled infinitesimally small details about the penal code and charged an otherwise compliant citizen with possession of an illegal weapon.
Wow... the video is totally fishing. Most LEOs would just let the guy go once the jet ski was confirmed to be owned by the driver, but they were just looking for ANYTHING to get this guy. And for what?
This story makes my blood boil. Fire all of these ass clowns immediately.
“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted and you create a nation of law-breakers.”
Quote by: Ayn Rand
(1905-1982) Author
Source: “Atlas Shrugged”, Part II, Chapter 3
Common in Cali, but I’m sorry to see Texas join in......
Seems open and shut to me. He was arrested for mere possession yet all the Police Chief would discuss after researching the law was whether it was a “small amount”. Small amount could be referring to the number of cans vs. the size of the can. This guy is owed a humble apology and restitution.
In a jurisdiction where the cops think they are tough ass, what happens when you refuse?
The chief is a disgrace, as many of them are.
His men should have been reprimanded and the charges dropped the same day.
It’s a shame, as an honest person would not want to be uncooperative - but the price of being a ‘nice guy’ is just too high. Pity that a few idiots are forcing the public to treat the police as an enemy, until proven otherwise.
Cooperating with the police apparently is a good way to end up with a felony rap. Don’t. Don’t give any info you are not legally obligated to give. Be polite but take the 5th. Always.
http://www.youtube.com/watch?v=i8z7NC5sgik Great Video why you should never talk to the police!!
At least they didn’t shoot his dog.
Lawyer time. Even if only the bottom feeders are interested in the case.
13.4 ounce. Additional pun intended.
I saw a book at Barnes and Noble a few months ago. Titled something like, “Never trust a cop†or “what cops don’t want you to knowâ€. Basically, it was a “Stay out of jail kit†for the average law abiding citizen. It explained that the legal system is so jacked and there are so many obscure laws now, that you shouldn’t even speak to a police officer. You should carry a laminated card that says you are taking the 5th and request your attorney even if it is a traffic stop. With instructions for the “arresting officer†if he needs anything more than Driver’s License and registration. Very sad state of affairs in our country.
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