Asked 6/25/2016 – San Antonio, TX

I was pursued in 2007 by an out of jurisdiction, officer who had recently been arrested himself for DWI and was out on bond. He was in his military fatigues and showed me his military shield and held me at gunpoint with his military issued weapon for an outstanding traffic violation 3-4 towns and another county from where this officer tried to stop me and then pursued me and then held me at gun point until other officers arrived. He said that I ran him over with my vehicle, which never happened and that I evaded arrest which I did. I was charged with the evading and a 1st degree assault on police officer with a deadly weapon. The only witness was the passenger in my car who also stated I never hit him. Since he was out on bond did he have the right to come after me and also if he was not an active officer with the city, was he in the right by using his military issued gun and badge? What about the arresting officers who were from a different town and no one witnessed should it not have been a complaint first? And how long is the statue? I was on probation for 5 years and all of this information about him being on bond has just come to mine and counties attention.

Answer

What you describe is not a wrongful arrest; you admit to having outstanding warrants for your arrest. The fact the warrants were from a different town from where you were arrested is irrelevant, as is the type of weapon an officer had in his possession, or the fact other officers were called from a different town. The fact that the officer who initially detained you had a pending criminal case SHOULD have been disclosed to you and your attorney during the pendency of the criminal case against you. This is exculpatory evidence (Brady material) can be used to set aside any previous conviction entered in the case you describe above. Talk with an attorney in your area who deals in post judgment appeals