James Michael Tesi warned any police officer who stopped him for any traffic offense that the officer's actions would be "unconstitutional and unlawful." Such a stop could result in Tesi taking the officer to an "appropriate" court. That document was found in Tesi's truck following his shootout with Colleyville warrant officer John Fossett on July 21. It was read to the jury by prosecutor Jim Hudson on the fourth day of Tesi's trial. He is charged with aggravated assault on a public servant.
The five-page, legal-sounding document says Tesi, as a free and sovereign citizen does not need anyone's permission to drive on the streets. He does not need a driver's license, license plates or insurance. If an officer requests those its of him, Tesi's affidavit states that officer would be "in ignorance of the law."
Tesi's attorney, Ronald Hudson, countered that the document merely stated Tesi's beliefs. "Has this country suspended our rights to believe what we want?" he asked. "We are free to state our opinion whether someone likes it or not."
Hurst crime scene investigator Officer Ryan Rider said on the stand that the document was seized as evidence since it "identified the individual involved" in the shootout. Rider was on the stand at Hardin's request. He was grilled this morning on whether or not he collected all the available evidence following the July shootout between Tesi and Fosset that resulted in Tesi being shot in the leg and face. Fossett was not injured.
Hardin, asked Rider why he did not take blood and bone samples from inside Tesi's Ford Ranger truck, why he did not remove bullets from inside Tesi's garage wall or even find all the bullet holes and why he did not lift fingerprints off Tesi's gun. "In this case, we don't have a complete preservation of all evidence from the scene, do we?" Hardin asked Rider. The officer replied "I believe we do."
"You don't have the physical evidence from behind the wall," Hardin said.
"The evidence is in the wall," Rider replied. He explained that he did not want to further damage the wall digging out the bullets that he already knew were .40-caliber rounds from Fossett's service weapon.
At one point, Hardin tried to introduce into evidence a boogey board that he said came from the garage and had a bullet hole. But prosecutor Jim Hudson objected after Rider said he could say for sure that board came from the garage. -- Steve Norder