Wolf Trap – The Setup

Gary Hunt
Outpost of Freedom
April 14, 2015

 

On March 26, 2015, a Montana radio host, William Wolf, was arrested by the FBI (not the BATF) in violation of 18 US Code §922 (o)

(o)           (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

The “machine gun” in question may have been legal, until modified by the FBI, as explained in the Criminal Complaint. So, let’s look at some of the information gleaned from the Complaint (underlining, mine):

During [a] meeting [September 30, 2014], Wolf expressed interest in CHS [Ed Gray] introducing Wolf to a former colleague who could possibly provide technical or monetary assistance in building the gun [this would be a flame throwing gun that had previously been mentioned].

Yes, the informant was Ed Gray. I got this information directly from Wolf, before communications were cut off — but that is another story.

On October 10, 2014, a CHS [Confidential Human Source – Ed Gray] introduced Wolf to the colleague, who in actuality was a FBI undercover employee (“UCE”).

Gray brought his agent (handler) in to meet Wolf.

At one point during [a] meeting [December 18, 2014], the UCE stated to Wolf that he would ask his contacts about acquiring a flamethrower for Wolf. Wolf immediately replied, “Try to get me a Russian automatic shotgun too.”

[In a footnote] The possession of the type of flamethrower described by Wolf to the UCE is not regulated under the laws of the United States and thus would not violate federal law to possess such a device.

According to Wolf, the offer was made and then he made the request.

The FBI acquired a firearm with the specifications desired by Wolf—i.e., a Saiga-12 fully-automatic shotgun with a shortened military grade barrel. FBI Headquarters modified a semi-automatic Saiga-12 gauge shotgun to a fully- automatic with a shortened barrel.

So, the FBI manufactured an Automatic shotgun from a Semi-automatic shotgun.

The CHS stated that in addition to the $600.00 previously arranged for by the UCE [Ed Gray], an additional $125.00 was necessary due to the conversion of the shotgun to fully automatic. Wolf agreed to the pay the extra $125.00 for the conversion.

So, now the cost, since they couldn’t come up with what the said they could, goes from $600 to $725. not really significant, except with regard to detail.

The UCE informed Wolf that his “supplier” was a Class III dealer and had converted the firearm from semi-automatic to full- automatic, to which Wolf acknowledged.

On March 26, Wolf took possession of the shotgun and,

Wolf then paid the UCE $720.00 for the firearm and took possession of it from the UCE. Wolf placed the encased firearm into his vehicle. Wolf was then taken into custody by the FBI without incident.

There is that picky detail. The bill was for $725, according to the previous agreement. The UCE only got $720. I suppose that they were so excited that they were wetting their pants because the managed to entrap Wolf, or, they just aren’t concerned with details in their reports.

The Complaint then ends with the:

CONCLUSION

Based on the information contained in this Affidavit, there is probable cause to believe that William Krisstofer Wolf knowingly possessed a machine gun, in violation 18 U.S.C. § 922(o).

First, let’s look at what they did and question the legality, and then at why they did it, and question the legality.

What They Did

As I understand it, if I wanted to purchase a machine gun and went to a gun store operated by a Class III licensee, he would hand me some paperwork for a background check and some paperwork for the Class III license. I would complete the forms and return them to him. He would then submit the forms to BATF and if the background came back clean, then the Class III license would probably also be issued.

However, if I went to the same gun store and said that I wanted to purchase a machine gun, and they said that will be $725 dollars, and if he didn’t require me to complete any paperwork, background check or Class III license application, I must assume that I am in compliance, as it is his legal responsibility to take the aforementioned steps to comply with his license. If I accepted that offer, he then took my money and handed me the machine gun, I would have satisfied every obligation placed upon me by a federal licensee.

The UCE was presented as, and did not deny, that he was a Class III licensee. So, who is the criminal party?

But, let’s assume that there is exception to 18 US Code §922 (o) (posted above). Well, there are two exceptions. The second exempts anybody who had acquired the machine gun prior to effective date of the rule.

The interesting one, however, and reading it with full regard to the punctuation (we are still a nation of laws, not of man, I presume), we can see that it says, as the first exemption (ellipsis … connotes words omitted for clarification):

(A) a transfer… by… the authority of the United States or any agency thereof…

So, if it was transferred by an agency of the United States, it is exempt, as per §922 (o) (2) (B). However, if as was represented by Ed Gray, that UCE was a Class III licensee, then it is not exempt, however, the guilty party (criminal) is not the one that relied upon the licensee, rather it is the licensee who violated the conditions of his license and the federal rules. This doesn’t even venture into who modified a semi-automatic rifle into an automatic, and whether he was properly (legally) authorized to do so.

That aside, though very significant, we can still rely upon the Complaint to determine what the focus of their efforts was — the motive for the set up and entrapment. After all, we all know that every crime has a motive. It is the government’s motive we are pursuing, for if there was a subsequent crime resulting from the government’s crime, which one is more important for us to concern ourselves with?

Why They Did It

Wolf made clear in his various meetings and radio shows what he thought of the government, which most of us already see as a bit out of hand. So, in one radio show, beginning back in November 2013, he presented his purpose,

to educate the public on how to counter action at the local, state and federal levels that were viewed as overstepping on constitutional rights… Over the next twelve months, Wolf repeatedly espoused his contempt for local judges, law enforcement, the county attorney, city and county commissioners, and the agents and agencies of the federal government.

Perhaps a bit overbroad in its inclusiveness, but not beyond the sympathies of many. He also called for:

Wolf called for a “restoration of the constitutional government.”

and

Wolf stated on multiple occasions that he considered agents of the government (local, state, or federal) to be the true enemy to the American people.

In a July 2014 radio show,

Wolf asked his program listeners “Are you willing to attempt a restoration of our constitutional government? Because that is what we are going to do.

And, in a December 18, 2014

Wolf described his plan to conduct a meeting in late January 2015 for the purpose of educating the public about “committees of safety.” Wolf viewed these committees of safety as the last peaceful method to address his grievances with the government.

So, though he referred to the historical Committees of Safety, and is seeking a peaceful solution, they seem to be offended by the function of Committees of Safety being the means of peaceful redress of grievances and the right of self-defense, and the defense of others.

Obviously, they don’t like the way the Wolf talks about dealing with the problem, and they can’t charge him with sedition, nor can the charge him with unlawful speech, so they have committed criminal acts against him in order to entrap him into committing acts which may appear criminal, though, as explained above, are not.

Camp Lone Star – Act Two: The Contradictions
Scene 3: To Be, or Not to Be – Forthright

Gary Hunt
Outpost of Freedom
April 14, 2015

In Act One: The Government Charade, Judge Hanen graciously gave Prosecuting Attorney Hagen, the opportunity to respond to the Motions to Suppress and Dismiss, in greater detail, since he had failed to address some of the points presented in Mr. Sorola’s motions. The deadline for the response was April 10. So, we anxiously awaited that filing to see if Hagen could dig out of the hole he had created for himself, with his prosecution (persecution?) of K. C. Massey.

Well, I received a copy of Government’s Supplementary Response To Motion Suppress And Motion To Dismiss Indictment, on Friday, April 10. Now, it is typical of the “case law” method, which, well, let’s use the description of Teddy Roosevelt’s thoughts on this method, from the book “Bully Pulpit”, by Doris Kearns Goodwin. Case law method was developed at Harvard in 1872. “Though the pleasure he took in his studies is amply expressed in his journal, he was troubled that ‘some of the teaching of the law books and of the classroom seemed to me to be against justice.’ He noted critically that ‘we are concerned with [the] question of what law is, not what it ought to be.'” So, like Teddy, we are stuck with “what law is, not what it ought to be.”

Hagen’s Response addresses a number of higher court opinions, both Supreme and appellate, though we will only be looking at those opinions of the Supreme Court. So, let’s look at just how Mr. Hagen attempts to extricate himself from that hole. At this time, we will only address the Response to the Motion to Suppress.

First, he addresses the Motion to Suppress Evidence. In so doing, he lists the following:

(i) Defendant was observed carrying a rifle and that observation was made prior to any alleged search or stop;
(ii) Defendant was asked for his identification by law enforcement in the course of investigating a shooting involving a federal agent;
(iii) Defendant was detained after the shooting occurred as potential witnesses;
(iv) Defendant’s firearms were seized to protect both law enforcement and civilian witnesses; and,
(v) Defendant’s possession of two firearms was in violation of both state and federal law.

Regarding (i), this was discussed in the previous article. If the act was criminal, why did the government not arrest Massey when the observation was made? The answers rests on identification of Massey and determination of his status, none of which would have occurred had the “stop” or “detention” not occurred. Should we “cooperate” with law enforcement if going about our daily lives might result in subjecting ourselves to directed persecution? In this case, the shooter, in violation of both law and policy, and, the subject of the “investigation”, goes free, while the non-witness is subsequently arrested. One has to wonder if this whole thing was a set up to “get Massey”.

Regarding (ii) & (iii), that, too, was addressed in the previous post. Someone who, like the “investigator”, Cantu, had no more information than Cantu had, until Cantu received a radio message and passed that same information on to Massey, does not really qualify as a witness to anything. This leaves the question of “stop” or “detention” open, and that will be discussed shortly.

Regarding (iv), Foerster, Massey, and Varner, all retained their weapons, posing no threat, as testified to by Cantu. Subsequently, the decision was made, by persons unknown, that the weapons should be “secured”. “Seized”, as described in the Response, has no relationship to the testimony.

Regarding (v), here comes a problem, with Hagen’s comprehension skills. He quotes Texas Penal Code, as follows:

Texas Penal Code § 46.04 Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possess a firearm:

(1) After conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) After the period described by Subdivision (1), at any location other than the premises at which the person lives.

So, it says, in the singular, that he is in violation “if he possess a firearm”, before the fifth anniversary. Are we to assume that if he possesses more than one firearm, he is exempt from violation? It says nothing about any limitation after the fifth anniversary. Except, perhaps, in some secret version of Texas law that Hagen has hidden in his drawers.

Now, if Hagen is suggesting that Massey was not at “the premises at which the person lives”, the government also already stated that Massey had been at Camp Lone Star for four months. So, can there be any doubt as to where he lived at the time of this incident? The purpose of this provision is, without doubt, to provide the means for protecting the “premise”. Does that preclude someone from going on to his neighbor’s property, with that neighbor’s permission, to provide for that protection?

However, we can put that all aside, as Massey is not charged with violation of state law, Hagen has charged him with violation of federal law. The Sheriff’s Office has not chosen to file charges against Massey in their jurisdiction, so that makes Hagen’s argument somewhere on the other side of moot.

So, let’s look at the Supreme Court decisions that Hagen has cited to defend his position. First is Hiibel v. Sixth Judicial District Court Nevada 542 US 177. He argues that “A police officer is free to ask a person for identification without implicating the Fourth Amendment“.

So, let’s see what Hiibel says:

At 177, setting the background of the case, it says, “Petitioner Hiibel was arrested and convicted in a Nevada court for refusing to identify himself to a police officer during an investigative stop involving a reported assault. Nevada’s “stop and identify” statute requires a person detained by an officer under suspicious circumstances to identify himself.”

At 184, we find “Here there is no question that the initial stop was based on reasonable suspicion, satisfying the Fourth Amendment requirements noted in Brown.“

Then finally, at 185, the pages cited by Hagen, we find, “Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment. “‘[I]nterrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.”… the Court has recognized that a law enforcement officer’s reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further.“

So, just what were the “suspicious circumstances”, or “reasonable suspicion”, that existed on August 29, 2014, on the Sabal Palms property? Perhaps Hagen should be instructing BPS, FBI, and others, as to what is required to “investigate” and require that one identify himself, absent the criteria established by the Supreme Court. I suppose that we could also ask Mr. Hagen what the difference is between and “interview”, as described in testimony, and, “interrogation”, as cited in this case.

Then, he cites INS v. Delgado 466 US 210. He does not, however, provide any quotation from that case, so I suppose that quantity rather than quality might be his motivation, here. So, to put a context on the current situation, I will provide the quotations. This case refers to whether INS could profile by asking questions of employees being suspected of being illegal aliens. So, here is what the cited page, 216, tells us:

In contrast, a much different situation prevailed in Brown v. Texas, 443 U.S. 47 (1979), when two policemen physically detained the defendant to determine his identity, after the defendant refused the officers’ request to identify himself. The Court held that absent some reasonable suspicion of misconduct, the detention of the defendant to determine his identity violated the defendant’s Fourth Amendment right to be free from an unreasonable seizure.

Unless the circumstances of the encounter are so intimidating as to demonstrate that a reasonable person would have believed he was not free to leave if he had not responded, one cannot say that the questioning resulted in a detention under the Fourth Amendment.

So, the Court has given us a situation, and then concludes, “Unless… a reasonable person would have believed he was not free to leave if he had not responded”, then the questioning was not a detention. However, Hagen as argued that this was a “stop” (Terry Stop), not a detention, and there is no doubt that when Massey “cooperated” in providing his identification, he had already been told that there was an investigation and that he could not leave.

Next, he cites United States v. Sharpe 470 US 675. At least he provides a context, and page (685), though, again, no quotation. So, we will begin at 684:

In that case, law enforcement agents stopped the defendant after his arrival in an airport and seized his luggage for 90 minutes to take it to a narcotics detection dog for a “sniff test.” We decided that an investigative seizure of personal property could be justified under the Terry doctrine, but that “[t]he length of the detention of respondent’s luggage alone precludes the conclusion that the seizure was reasonable in the absence of probable cause.”

And, at the cited page 685:

While it is clear that “the brevity of the invasion of the individual’s Fourth Amendment interests is an important factor in determining whether the seizure is so minimally intrusive as to be justifiable on reasonable suspicion,” we have emphasized the need to consider the law enforcement purposes to be served by the stop as well as the time reasonably needed to effectuate those purposes.

So, in the first instance, a stop of 90 minutes was unreasonable, absent “probable cause”. And, in the second, there was an “invasion of the individual’s Fourth Amendment interests”, rests upon “reasonable suspicion”. They speak of “seizure”. That is what the Prosecution has claimed, and maintained by continue to retain, all of the firearms, except Varner’s. But, they were not “seized”, according to testimony. They were “secured” for Officer Safety.

Okay, just one more. This is United States v. Leon 468 US 897. Though no quotations are given, he points out that Rotunno, the agent who swore to the accuracy of the information used to secure the various Warrants and Criminal Complaint, was present neither at the shooting incident investigation on August 29, nor at the arrest on October 20, 2014. Quite simply, Rotunno “fabricated” (that is a polite form of lying) an important element of what happened on August 29, which implied that Foerster, and Foerster, alone, might have committed a criminal act by “pointing: his firearm at Gonzales. Massey and Varner were innocent parties to the entire episode. So, Hagen’s assertion might apply to Foerster, but the great leap to envelope Massey in his web is without any lawful or legal merit.

That doesn’t however, remove us from consideration of what the court said in U. S, v Leon.

In this case, a warrant was issued based upon observations during a drug trafficking investigation, by law enforcement officers. There was nothing illegal about the observations, nor were there misrepresentations, or outright lies, in the affidavit that resulted in the warrant.

The court held that “Application of the exclusionary rule should continue where a Fourth Amendment violation has been substantial and deliberate, but the balancing approach that has evolved in determining whether the rule should be applied in a variety of contexts – including criminal trials – suggests that the rule should be modified to permit the introduction of evidence obtained by officers reasonably relying on a warrant issued by a detached and neutral magistrate.”

Further, that “the courts must also insist that the magistrate purport to perform his neutral and detached function and not serve merely as a rubber stamp for the police… However the exclusionary rule is designed to deter police misconduct rather than to punish the errors of judges and magistrates.”

And, that “A police officer’s reliance on the magistrate’s probable-cause determination and on the technical sufficiency of the warrant he issues must be objectively reasonable. Suppression remains an appropriate remedy if the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth, or if the issuing magistrate wholly abandoned his detached and neutral judicial role.”

So, though even Foerster may find relief by this decision, Massey was nothing more than a bystander in the events of August 29, and nothing conjured by Hagen can change that relationship. There was never the requisite probable cause, suspicion, or any other factor, that would ensnare Massey in this web. It is only Hagen’s desire to please those “up the river” that forces him to persist in the persecution of K. C. Massey.

Now, I realize that what was just stated might be considered by some to be overstepping the bounds of propriety. However, we must not detach ourselves from the reality that we are constantly presented with the excuse that, “there are only a few bad cops”. We have learned, over time that “few” is a gross misrepresentation of reality.

Let us simply refresh our minds with a recent event wherein an innocent man spent thirty years on Death Row. He was released when his innocence was final acknowledged. His innocence was known by the Prosecutor, from the very beginning. That Prosecutor, Marty Stroud, has repented. Marty Stroud is demonstrative of the subject of the book, “Three Felonies a Day”, by Harvey A. Silverglate, in which the objective is to obtain a conviction, regardless of guilt, and to distort the wording of the law to achieve that end.

Camp Lone Star – Act Two: The Contradictions
Scene 2: To Detain, or Not to Detain? That is the Question.

Gary Hunt
Outpost of Freedom
April 12, 2015

Another question brought up in Sorola’s motion to suppress evidence was also addressed. At issue is whether he was detained, at which point he would have to be read his Miranda rights, which they did not do, or simply stopped for investigative purposes. The latter would be what is referred to as a Terry Stop. It is worth noting that a Terry Stop is defined as:

A brief detention of a person on reasonable suspicion of involvement in criminal activity but short of probable cause for arrest. To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.

As you read the testimony, decide what you believe the answer is. Remember that only two people were witness to any criminal activity — the shooting incident.

Mr. Hagen said, in his initial argument:

[T]he Border Patrol agent [then] fired several shots at Mr. Foerster, thankfully missing.

So that launched a — an investigation since a federal agent had discharged his firearm. That’s what brought the FBI and the Sheriff’s Department and Border Patrol Internal Affairs and all these people out to the area.

But as far as suppressing evidence, I think the government is on solid ground here because before the shots were even fired, there are multiple Border Patrol agents that observed Mr. Massey carrying a firearm, and that’s what he’s charged with is possession of a firearm. Even before he was ever detained or questioned, he was seen carrying a firearm on August 29th of 2014.

And the only relevant information or information I’d say that is critical to our prosecution is his identity, who he is, and I don’t believe that can be suppressed, although I think — I think law enforcement behaved accordingly in all respects in connection with this investigation. Even if it was a bad stop or a bad search or — you can’t suppress identity.

Yes, he is correct. If you were a criminal walking down the streets, absent a warrant, could they just stop and arrest you because you are doing something that many others are doing? We are a nation of laws, not of men. Those laws require that certain procedures be followed, even to the point of protecting a criminal — whether he is a criminal, or not. So, since there are no “Wanted Posters” for K. C. Massey, identification becomes a crucial point.

As Hagen said, “there are multiple Border Patrol agents that observed Mr. Massey carrying a firearm”. So, why didn’t they arrest him, then? Could it possibly be that the law, not men, are the rule?

Hagen continues:

I believe Mr. Massey said to Danny Cantu: Look, nobody got hurt. We’d like to — you know, we’re going to be on our way.

Danny Cantu said: Look, a federal agent discharged his weapon. There’s going to be an investigation. Y’all need to stay around.

Earlier, Cantu had said that he thought that the shots had come from the Mexican side of the border. He received radio communication that a federal agent had done the shooting. Why would someone that was very far from the actual shooting be a witness in an investigation?

Let’s keep in mind some recent events of which we are all aware. We have law enforcement people saying that if you don’t want us to shoot you, you had better cooperate. That might be sound advice if one wasn’t subject to persecution because he cooperated, however, if you believe that under state law you have every right to have a firearm on private property, with the permission of the owner, what are you going to do the next time a law enforcement, any law enforcing, officer wants to detain, stop, hold, or even ID you? It is somewhat difficult to reconcile yourself to the idea passive obedience when one realizes that even if they are not violating the law, the feds might use every trick in their toolbox, if they want to persecute or prosecute you.

So, then Hagen says:

Now, Mr. Massey was detained or was in the area for several hours. I think everyone left around 7:00. I think the evidence will show that shots were fired around 3:45.

Note that Hagen has framed the whole event into over 3 hours. This will be addressed more in Act Two, Scene 3.

Now, we move to the first witness, Agent Cantu, in examination by Hagen.

Q All right. Now, did you give any instruction to Mr. Massey after you first encountered him?

A After we encountered them, I asked him and Mr. Varner if they can hang tight. They were missing one of their — their friends that was with them, and I wasn’t sure where exactly he was. Again, I was still in the back of my head, the shots had rang out. They had called for a supervisor. I was trying to make my way down to where the agents needed me, ensuring safety, that everybody was okay. So I asked them to stay by their Kawasaki as I continued down this dirt road.

Q Okay. So you get to the area where the shooting took place. What do you see?

A As I approach, I see Mr. — Mr. Foerster holding a weapon in his hand. It was just hanging down to his side, but he was holding the weapon as an —

***

So as I came down, I saw Mr. Foerster there holding that weapon. I saw the agent, Marco Gonzalez, approaches me as I’m getting close, and he’s telling me that, you know, he shot at Mr. Foerster; that Mr. Foerster turned in his direction with the weapon and he opened fire. And I was trying to get — Foerster started talking, and so I was trying to get everybody to —

Now, according to Cantu’s testimony, he already had their identification, so essentially, they cannot leave. They have to consider that if they do leave, at best, they no longer have any identification, and, at worst, they might be charged for resisting arrest, or some other bogus charge. After all, who would leave their ID with an LEO, if they were free to leave?

Later, he testifies that he, and Massey, knew what had happened before they got to the ATV. That would, of course, make anything Massey knew nothing more than hearsay.

As we got to the ATV, Mr. Foerster started telling Mr. Massey what had occurred…

Cantu continues, in response to Hagen asking him what happened next:

A As soon as we… Mr. Massey tells me: You know, as far as we’re concerned, nobody was injured. We want to go on our way.

Q Okay. And is there a protocol that you need to follow when an officer discharges a weapon?

A Yes. We need to make notifications. We need to investigate why the firearm was discharged.

Q Okay. Now, at this point in time, did you know whether or not Border Patrol Agent Gonzalez had been threatened or whether or not perhaps Border Patrol Agent Gonzalez had irresponsibly fired upon Foerster? Did you know?

A From what I had gathered, he had fired in — from what Mr. Gonzalez told me. Again, this was preliminary. I was trying to — I had to speak with everyone to figure out kind of what was actually happening, so I wasn’t sure at that point.

***

Q Okay. Did you explain to Mr. Massey — and may I ask you this? When Massey said, “We want to leave,” who was he talking about when he — when he mentioned or by the word “we”?

A Well, Mr. Foerster, Varner and himself were inside the Kawasaki, so that to me told me they all wanted to depart.

Cantu knew that Massey and Varner knew no more than he did. The question involved three people, as Cantu puts it. If the majority should be excluded, reason dictates that he should have said that only Foerster had to remain.

Q Okay. So did you explain to them that an investigation was going to be conducted?

A I did.

Q And how did you explain that to them?

A I told them that they weren’t allowed to leave and that we were going to move to a staging area just further up, which is the — this area right here. My initial thought — and the reason I chose this area was to give us distance from the river that was close by. We moved here to stage the vehicles and kind of get a grip of what actually transpired.

Now, they were not allowed to leave. That means that they are not free to go. However, as explained above, they were being good, State law-abiding, cooperative citizens.

Later in testimony:

Q Okay. Now, did you ask Mr. Massey to provide you with an ID?

A I did, sir.

Q At what point in time did you make that request?

A Our initial encounter, as I approached him with Mr. Varner.

Q Okay. And did — did he provide you with an identification?

A He did.

So, it was when Varner and Cantu met up with Massey that the physical (identification papers, please) ability to leave was removed. This singular act sets the stage for the whole drama of whether it was detention or a Terry Stop.

So, let’s keep the stage set. Cantu has the IDs. Rather than return them he, well:

Q And when Sergeant Valerio showed up, did you provide the IDs from Mr. Massey and Mr. Varner to him?

A Yes, sir. I had not been able — had time to conduct any further investigations on those. When I say that, I mean run records. I mean, normally typically run records when we encounter people. I had not had the time. I was attempting to secure everything that — when Mr. Valerio showed up, I handed him the identifications and kind of gave him the rundown of what had occurred, and he took over at that point.

So, if he gave Valerio the “run down”, the Cameron County Sheriff’s Deputy would know that there were only two witnesses to the shooting.

This is cross-examination by Mr. Sorola, and a repeat of part of Scene 1, and brings in the question posed by the Judge:

Q Okay. Later on do you find out who is shot — who is firing a weapon, a firearm?

A Upon approaching [where] Foerster and Mr. Gonzalez [were], yes.

Q And Agent Gonzalez is the only one that discharged a weapon; is that correct?

A At that point, that’s what I was told, yes.

Q And you were told that by Agent Gonzalez, right?

A Correct. And Mr. Foerster attested to that.

THE COURT: And you said at that time. I mean, nothing subsequent to that time has changed that, have they?

THE WITNESS: No, sir, no. It’s just that —

THE COURT: So as far as you know sitting here today, the only weapon that was shot was — the only weapon discharged was discharged by Agent Gonzalez.

THE WITNESS: Correct.

In confirming (that’s what good attorneys do) that Massey and Varner were detained, Mr. Sorola asks:

Q And this is about 3:45 in the afternoon, correct?

A Correct.

Q Now, you testified earlier that you told Mr. Massey he could not leave the area, right?

A Correct.

Q So he wasn’t free to leave.

A No.

Q He had to stay there.

A Yes.

Q What would you have done had he tried to leave?

A I could have detained — placed him in handcuffs, put him in a unit to secure him to prevent him from leaving the area. But he was being cooperative, and none of that was necessary.

Next, we look at whether there was any reason, at all, to believe that Massey and Varner were complicit, or even aware, of the shooting event — other than having heard the shots.

Q And when the shooting occurred, you didn’t take Mr. Varner’s weapon from him, did you?

A No, sir.

Q You didn’t disarm him?

A No.

Q You didn’t frisk him?

A No.

Q When you encountered Mr. Massey, did you check him for firearms?

A Just the one he was carrying, the longarm, the AK47 weapon.

Q But you didn’t take it from him?

A I did not.

***

THE COURT: Okay. But you had no — you obviously didn’t have any reason to think Mr. Massey was the one that had done the shooting because —

THE WITNESS: No, I —

THE COURT: — you went on. You left him there and went on.

THE WITNESS: Correct.

Here is a rather interesting side note, perhaps a contradiction that has to do with “Officer Safety”. At this time, there are just a few agents in the area. The recipient of the shots fired is still armed, as are Massey and Varner. After additional officers arrive, approaching “between 15 and twenty”, it is determined that the weapons must be “secured”, first to the open ATV, then, later, to the back of the BPS “unit” (why don’t they just call it what it is, instead of government double-speak?)

Q Okay. So Mr. Varner and Mr. Massey just tell you out of the clear blue: We also have firearms on us?

A Yes.

Q And you didn’t see these firearms prior to them telling you?

A I did not.

Q But then are you saying that Mr. Varner then handed you the — the firearm that he had?

A Yes, sir.

Q And what did Mr. Massey do?

A Same thing. They both removed the — their pistols and put them in the back of my unit. The pistols were downloaded and placed there with the remainder — with the other rifles.

Back to the subject of this Act, whether they were detained or stopped. Mr. Sorola still questioning:

Q How long was it that Mr. Massey was not free to leave this area?

A In its entirety, sir, or the investigative agency showed up?

Q In its entirety. From 3:45 when shots are fired, when is Mr. Massey free to go?

A He departed — I’m — I can’t tell you exactly who told him it was — after the investigative agency showed up, they began to interview him. And which agency ultimately told him they were done with their interviews, I couldn’t tell you.

Next Witness, Cameron County Sheriff’s Deputy Daniel Valerio. This will be the handoff of the ID cards, though there arises a question (good memories?) of whether there were two, as Cantu said, or three, as Valerio will testify:

Q Okay. Did you observe or did you meet with an individual by the name of Danny Cantu?

A Yes, I did.

Q And did he provide you with any ID cards?

A Yes, he did, with three ID cards from the persons that were there.

Q Okay. Did he provide you with three ID cards or two ID cards?

A As far as I can remember, it was three ID cards.

Q And soon after arriving, did you request criminal histories and a warrant search on the IDs that had been provided to you?

A Yes, that’s correct.

***

Q All right. Now, did you have reason to believe that Mr. Massey had been carrying a weapon or weapons on that date prior to your arrival?

A Yes, I did.

Q Why did you think that?

A I was informed by the — by David Cantu that this — the suspects, the persons that were there, they were carrying these weapons that he had shown me.

Q All right. Did you — when you first arrived, did you think Mr. Massey had committed a crime? And I’m talking about before you ran the criminal history or anything like that. When you first arrived, did you think he had done anything that — where he should be detained or arrested?

A No. I only had the information on the shooting, but we didn’t know at that point in time what actually had happened.

Q Okay. So if Mr. Massey would have asked you when you arrived at 4:18, told you, “I’m getting out of here,” would you have let him go?

A At that point, yes.

Q Okay. Now, after you learned that he had been in possession of a weapon and he had a felony conviction, did your position change on whether or not you would let him go if he would have asked?

A Yes, it changed based on the information I had and his record and him being in possession. It had changed, that he would have been asked to stay.

Now, wouldn’t the Cameron County Sheriff’s Deputy know that after 5 years, Massey could have a firearm? It is suggested, in other testimony, that he knew. In response to Sorola’s questioning:

Q If I have a felony conviction on my record, is it against the law for me to have a firearm?

A It depends if it’s within five years, sir, or not. That’s something that we would have to further — be further looked into.

So, can there be any doubt, even with the hedging, that Valerio knows what Texas law says.

A Prior to his arrival there.

Q Okay. Now, Mr. Massey had a weapon and a felony prior, but is that why you were out there in the Sabal Palms area, to investigation Mr. Massey?

A No. We were out there for the shooting itself.

Q Okay. And what kind of investigation was conducted by the Sheriff’s Department in connection with the shooting?

A The investigation was at the — who — how it happened, who was the one carrying the weapons also, and who was the one that did the shooting, which was Border Patrol involvement.

Then, we have this:

Q All right. Now, did you speak with — towards the end of the shooting investigation, did you speak with your supervisor to determine whether or not you should return the weapons to Mr. Massey, Foerster and Varner or maintain custody of them?

A That’s correct. I spoke to Lieutenant Diaz. And based on the field investigation, he advised that we were going to collect the weapons. We were going to take custody of them for further investigation.

Q Okay. And was that because of the felony convictions?

A Correct. That’s correct.

Then, Mr. Sorola asks:

Q Sergeant, did you ever get a warrant to take possession of the firearms?

A No, I did not.

Q When you arrived at 4:18, was there any emergency? Was the shooting over?

A That’s correct, yes.

Q Well, when you arrived, the firearms were actually in the possession of Border Patrol, right?

A That’s correct.

Q And when you arrived at 4:18, as far as you’re concerned, Mr. Massey was free to leave?

A That’s correct.

Q Do you know if he was under orders from any other law enforcement not to leave?

A No, I did not. I had no knowledge of that.

Q You don’t know?

A I don’t.

Q But at this time, you have his identification card.

A That’s correct.

Q And you have Mr. Varner’s identification card.

A Uh-huh. Yes.

Q Did you give them back to them?

A After I — after I did the inquiry, yes.

So, there was no justification for the Deputy to retain, or take custody of the firearms — even Foerster’s, as it was clear there was no criminal act on their part. And, they were free to go, if they left their ID with the Deputy.

Next on the stand, David Daniel Cordova, FBI Special Agent, being questioned by Hagen, and who testified that he arrived on the scene at about 6:00 PM, fully two hours after BPS had determined that Gonzales was the only shooter.

Q Okay. Why did you interview Mr. Massey?

A Mr. Massey? At the time it was my understanding that he was a witness to a shooting. A Border Patrol agent had discharged a firearm, and so I needed to obtain the details of what happened.

Q Okay. At that time — did you state earlier that you were investigating a possible assault on a federal agent?

A That’s correct.

Q And were you also investigating a possible assault by a federal agent?

A That is correct.

I suppose that there is a reason that he wanted to investigate the possibility that there was an assault on a federal officer. But, based upon what we know, is it at all possible that the known information wasn’t provided Cordova? If not, why wasn’t he informed what had already been provided by the participants in the shooting event.

Regarding the investigation as to whether there was an assault by a federal agent, we have heard nothing as to the results of that investigation, if it was every completed. Since Gonzales has not been charged with anything,, we must assume that the focus was on Massey, not on the shooter, Gonzales.

Just trying to understand how the investigators and government look at this, I suppose that we could compare it to you being two blocks away from a bank robbery, though you heard shots fired. The government then holds you as a witness, detaining you until they have fully satisfied themselves that, based up the eye witnesses to the account, and extensive, intrusive interviews, they determine that you are now, finally, free to go — subject to subsequent arrest because they have to check with their bosses to see how to charge you with a crime that you didn’t commit –under state law.

Another side note, in answer to another question, Cordova says, about Massey, “I ended up interviewing him along with an HSI agent.” HSI is Homeland Security Investigations, part of US Immigration and Customs Enforcement.

Later on:

Q Do you know if any of the other FBI agents, your supervisor or anybody took any?

A One of our TFOs I believe took some photos.

THE COURT: What’s a TFO?

THE WITNESS: Task force officer.

So, why is a Task Force Officer present during the investigation? The only task force that I can find reference to that might want to be involved is the Domestic Terror Task Force (DTTF).

However, back to whether, or not, Massey was detained, we have the Hagen discussion with the judge:

HAGEN: No. I mean, my understanding, the motion to suppress is that the stop was illegal and that the arrest warrant was based on that, which, you know, my argument would be if Your Honor doesn’t like the stop, there’s certainly a good faith exception that would apply to the arrest and the search warrant wherein ATF agents were not present on the 29th relied on.

THE COURT: What are you referring to as “the stop“?

HAGEN: The August 29th encounter.

So, Hagen has to set the distinction that it was a stop, not a detention. You have read the testimony, and it appears quite clear that Hagen is grasping at straws. However, there is more coming in the next “Scene”.

 

Government was intended to govern the government,

not to govern the people.

 

 

Camp Lone Star – Act Two: The Contradictions
Scene 1: Pointing Weapons, or Not Pointing Weapons?

 Gary Hunt
Outpost of Freedom
April 11, 2015

In previous articles, we have discussed the Criminal Complaint, Arrest Warrant, and Search Warrant. In each of those documents, we have a set paragraph, to wit:

On August 29, 2014, United States Border Patrol Agents from the Fort Brown Border Patrol Station, while in performance of their official duties, encountered an armed individual, identified as John Frederick FOERSTER, in the brush. During this encounter, FOERSTER turned and pointed a firearm at a USBP Agent, who intern [sic] fired several shots at FOERSTER. FOERSTER is a member of “Rusty’s Rangers,” an armed citizen militia group patrolling the border of the United States and Mexico.

In each document bears the signature of “Anthony M. Rotunno, Special Agent ATF”. Below that, it states that it was “Sworn to before me and signed in my presence”, that being signed by “United States Magistrate Judge Ronald G. Morgan”. So, we have Rotunno swearing before Morgan that everything he has said is true. So, let’s see what the story is, now.

Hagen, the Prosecuting Attorney, in giving his response to Sorola’s motion, says:

[T]he way this all came about is there was one agent that was in heavy brush, and he was in hot pursuit of aliens. When he came through a clearing, he encountered John Foerster… Mr. Foerster had a weapon. It was an AK47 type pistol. And when the Border Patrol — and this is probably disputed. I don’t think that Mr. Foerster ever aimed or was planning on shooting the Border Patrol agent. But when the Border Patrol agent came through the brush, Foerster turned in his direction, and he was perceived as a threat by the Border Patrol agent who fired several shots at Mr. Foerster, thankfully missing.

The first witness was Danny Cantu, U. S. Border Patrol. Hagen is questioning him.

Q Okay. Now, at this point in time, did you know whether or not Border Patrol Agent [Marco] Gonzalez had been threatened or whether or not perhaps Border Patrol Agent Gonzalez had irresponsibly fired upon Foerster? Did you know?

A From what I had gathered, he had fired in — from what Mr. Gonzalez told me. Again, this was preliminary. I was trying to — I had to speak with everyone to figure out kind of what was actually happening, so I wasn’t sure at that point.

Well, Gonzales, the only witness to the shooting besides Foerster, made no claim that begins to suggest that the weapon was pointed at Gonzales.

In Hagen’s initial statements, he said, “I believe [Massey] made one res gestae statement in connection with the arrest when he was told that they were going to do a search warrant, and that statement was, ‘There’s another gun in the hotel room, but it’s not mine.'” So, he ‘believes’, based upon something that he didn’t articulate, he makes a claim without foundation, setting the stage for the entire government performance. Perhaps it was Divine Inspiration.

Now, res gestae is a legal term which provides an exception to the prohibition of hearsay, and is met when somebody makes a spontaneous statement, closely connected to an event, before the mind has an opportunity to conjure a falsehood. Hagen perhaps, attempted to lay a foundation that Massey “volunteered” the information about a firearm in the motel room. Perhaps the same applies to the initial interview with Gonzales and the failure to report any instance where Foerster “turned and pointed a firearm at a USBP Agent.”

It also begs the question, why did Cantu state that he had to “speak with everyone”, when the sole shooter had already said that he was the sole shooter?

In cross-examination, Mr. Sorola is questioning Cantu:

Q To your knowledge, at any time were any of those weapons [that were taken from the Camp Lone Star volunteers] fired at this shooting?

A The Winchester (Varner’s] was not, as he was speaking with me when the shots were fired.

Q So at the time of this shooting, do you know who’s discharging what weapons?

A No.

Q Okay. Later on do you find out… who is firing a weapon, a firearm?

A Upon approaching… Foerster and Mr. Gonzalez area, yes.

Q And Agent Gonzalez is the only one that discharged a weapon; is that correct?

A At that point, that’s what I was told, yes.

Q And you were told that by Agent Gonzalez, right?

A Correct. And Mr. Foerster attested to that.

THE COURT: And you said at that time. I mean, nothing subsequent to that time has changed… ?

THE WITNESS: No, sir, no. It’s just that —

THE COURT: So as far as you know sitting here today, the only weapon that was shot was — the only weapon discharged was discharged by Agent Gonzalez.

THE WITNESS: Correct.

So, Cantu knew, the moment that he was able to speak with Gonzales, that no other weapon was fired, except Gonzales’. And, he makes no mention of any pointing or aiming by Foerster.

From that point on, there is no further discussion of pointing because the shooter, Marco Gonzales, after making initial statement, lawyered up, and Foerster has also refused to talk.

Q Okay. Was he [Agent Marco Gonzales, the shooter] going to visit with anybody? Was he going to talk about what happened?

A No. They — we were informed that he was not going to provide a statement out there.

Q All right. And who gave you that information?

A Let me see. Mr. Gerardo Reyes “Rey” Gonzalez.

Q Okay.

A He was the one who informed me that Agent Gonzalez was not going to provide a statement. He was the union leader.

So, though the agents are employees of the Border Patrol, and I’m sure that they are required, as a part of their duties, to file reports on any incidents, especially an officer involved shooting, and the union can “void” that obligation. It kinda makes you wonder who runs BPS — the government, or the union.

Now, since Gonzales has hidden behind the law and his union, it would appear that he has something to hide. Though we have not heard Foerster’s side of the story, he has not been charged with any criminal activity related to the shooting event, only that he was charged, like Massey, with felony possession of a firearm, and has plead guilty to that charge.

Massey is also charged with felony in possession of a firearm and has, rightfully, plead not guilty. He was not apprehended in the commission of a crime, nor did he have any knowledge of any crime, except what he heard during the course of the investigation. He was not even a witness to the crime of the discharge of a firearm by an agent of the government.

So, let’s try to be objective as we look at this “scene”. We have an affidavit, sworn to by Rotunno, in front of a judge. His claims of the weapon being pointed at the Agent flies in the face of what Gonzales and Foerster told the other investigators. Even the prosecuting attorney, Mr. Hagen, says that he doubts that a firearm was pointed at the agent. That was a bald-faced lie on the part of Rotunno, and he was never even at the scene of the shooting. That smells, very strongly, of Perjury.

However, if you lie to a government agent during the course of an investigation, you are subject to 18 US Code § 1001, and subject to 5 years in prison.

Then, we have the only one that committed a possible criminal act who only made some statements to others, before the union got him to lawyer-up.

However, who is the government going after? K. C. Massey, neither Gonzales for shooting at Foerster nor Rotunno for lying in a sworn statement.

It appears that we have returned to that era in history where “The King can do no wrong”. And, the King includes his, not our, public servants.

Government should not be theoretically defensible,

it should be the object of general acceptance.

Camp Lone Star – Act One: The Government Charade

Gary Hunt
Outpost of Freedom
March 31, 2015

Yesterday, when Massey arrived at the courthouse, there were about twenty agents in battle gear and a number of DHS Suburbans parked in front of the courthouse. After going in to the courthouse, he had to visit the Pre-Trial Services. There, he was approached by two agents who wanted to see his sunglasses. They inspected them, thoroughly, and then returned them to Massey. I suppose this is the future — what we can expect because of Google-Glasses. However, finding that they were not dangerous, they were returned to their owner.

At 1:30, he arrived at the hearing. Massey’s attorney, Louis Sorola, read his motion to Suppress Evidence and the Motion to Dismiss. The US Attorney, Hagen, then presented oral arguments against the two motions. Apparently, as we will see later, Hagen failed to address all of the pertinent parts of the motions.

Then, BPS agent Cantu testified. Now, Cantu was there shortly after the shooting took place. There were only two witnesses to the shooting, John (Jesus) Foerster and BPS agent Gonzales. Foerster has pled guilty to the charge of felony possession, though he has yet to be sentenced. Perhaps he is in acting school, being prompted on what his testimony will be if Massey ever goes to trial.

Gonzales has been conspicuously absent, throughout this whole ordeal. However, he is the only one on the government side that was witness to the shooting. However, this cannot be a bar to introducing testimony as to what happened that afternoon, so Cantu testified as if he were present and observed the shooting. I think that is most often referred to as hearsay evidence, and if someone not on the government side presented it, would probably not be allowed. However, Cantu asserts that the weapon was pointed at the agent before he fired at Foerster. Foerster placed, or dropped, his weapon to the ground. Cantu testified than when he arrived, Foerster was holding his weapon and Cantu then took the weapon from him.

So, let’s see, according to the government line, Foerster pointed the weapon toward Gonzales, Gonzales fired, from about thirty feet away, five shoots, all of them missing Forester. Foerster places the gun on the ground, and because of the sound of the shooting, people begin to gather. Cantu arrives and Foerster is holding his weapon — wait, you mean Gonzales, after a shooting incident, let Foerster pick up his loaded weapon? This is almost unbelievable — that Foerster was allowed to carry the weapon until Cantu arrived to join him and Gonzales. Gee, in movies, and even on Cop Block, they always kick the weapon away from the bad guy, even when he is dead.

Okay, on to the next fantasy. As was reported previously (Camp Lone Star – More like Wonderland), they have claimed that Massey was not detained, since if he was detained, they would have to read him his Miranda Rights. So, Cantu takes Massey’s driver’s license, which will not be returned until the end of the investigation by even more government agents, hours later. Cantu also stated that if Massey tried to leave, he would have “cuffed” him and put him in the back of his vehicle. But, remember, now Massey was not detained (he just wasn’t allowed to leave).

Next witness is Sheriff’s Deputy Valerio. He testified that Massey’s driver’s license was handed to him when he arrived. He said that Massey was “free to go”, though he never gave Massey his driver’s license. Massey doesn’t recall anybody, at any time, telling him that he was free to go until the ordeal was over.

Final witness, FBI Special Agent Cordoba. He admits that there was a criminal investigation going on. However, the criminal, if there was one, would only be the person that shot at another person. It is difficult to believe that the criminal is the person that was shot at, and the investigation was directed at Massey and Foerster instead of Gonzales.

Cantu was reading from a notepad, which was not provided through discovery, nor was Massey’s attorney even aware of its existence. Surely agent Gonzales had to prepare a written report, so, that, too, will be made available. And, finally, we may get to see the weapons audit and chain of evidence on the only gun fired that day.

All three witnesses testified that Massey was on private property, which would make possession of a weapon legal under Texas law. So, here we have that conflict that was addressed in Camp Lone Star – Massey & The Clash of Laws.

At the close of the hearing, Hanen gave the government the opportunity to file an additional response, since they failed to address some portions of the motions. I suppose that it will also give them some time to ‘imagineer” (that’s a Disney term for those who make up stories) some effort to cover up what has been uncovered, though I doubt that they are able to undo the damage they have already done to their case. The government has until April 10 to file their amendment/response. The Sorola has until the 17th to respond to the government’s feeble effort to try to make their story believable.

An observation: Judge Hanen is being extremely lenient with the government in allowing them to try to get their story straight. However, with the discrepancies so far, it is nearly inconceivable that they can extricate their falsehoods and come up with a cohesive story supported by the evidence — some yet to be seen by the Accused and his attorney. Perhaps the Judge will find that even the lower levels of government are as prone to lying as those in the high chairs of the Administration.

Camp Lone Star – Who is K. C. Massey?

Gary Hunt
Outpost of Freedom
March 29, 2015

Shortly after K. C. Massey was arrested, I spoke with him and we discussed the fact that he was a felon. He explained that he had turned his life around. So, I asked him to write a bit about his past — what went wrong and how he turned it around. However, before we get to what he had to say, when you read this, keep in mind that prison is supposed to be a rehabilitation system, not a means of vengeance or revenge. Any articles about recidivism show that those returning to prison usually do so within a few years. They never want to talk about those who have rehabilitated, whether a product of the system, or simply because they chose to change their own lives and live an exemplary life.

Now, Massey’s life, in his own words:

I was born in 1966, in Chicago, Illinois, while my father was stationed in the Army on Lake Michigan at a NIKE missile base.

We moved to Texas in 1968. I was raised in a small East Texas community of Palestine until the 3^rd grade. My father was transferred to Dallas to work in the dispatch office of Xerox, after he had been seriously injured in an automobile accident and was unable to perform his normal duty as a Xerox repairman. This was a big culture shock and a very difficult time for me. I had been raised a small town country boy now thrust into big city life and schools.

We moved to an area known as Pleasant Grove an east Dallas area. The name did not equate to the life I was introduced to there. I was a rough crime ridden area of Dallas. As a young white country boy, I was out of place from day one. I remember being chased to and from the bus stop to school and being bullied almost daily. It caused problems for me at home. My dad was always busy working while my mother was a stay at home mom. We were not doing financially well due to my father’s accident and transfer to Dallas after a lengthy recovery from his accident. My mother handmade our clothes and most of my belongings at the time were second hand. That was a cause of ridicule from the neighborhood kids making the bullying against me worse. In the fifth grade my parents transferred me to a Montessori school outside of our neighborhood for 2 reasons. One was to get me away from the bullies in my neighborhood and 2, was to get a “Better education” since I had tested as “Talented and Gifted”. This was a terrible time for me as I was one of about 6 white kids in this all black school in an all-black neighborhood. The bullying got worse causing me to act out at home in a very negative way. My parents didn’t understand the issues at school and thought I was just acting out. My parents in an effort to help me had me sent to Salesmanship Boys Camp.

Salesmanship Boys Camp is for incorrigible youths where you are away from home 28 days a month. The program setting is in the East Texas woods with very few modern conveniences. We lived in self-constructed tents made entirely by hand, The tents were constructed of pine trees we hand cut and skinned, notched and hand doweled together. The tents were covered by tarps we hand-cut and grommeted and then stretched over the pine structures. We had no electricity and only had running water from one hose bib. Our lights were kerosene lanterns; our heat during the winter was potbellied stoves. Our latrine was a hole we hand dug and built a box over it. We had a mile or so hike to take showers. We cut at least 2 cords of wood a year for cooking and heating. All the wood was harvested with handsaws and axes. Our group consisted of 10 “troubled” boys and 2 men councilors. We lived, ate, showered, and slept in these primitive conditions year around. I was there for almost 2 years (6^th and 7^th grade).

After coming home from Salesmanship Camp my family problems were not better and we still lived in the same neighborhood. Again, my parents tried to send me to a school listed as an “Academy” to provide me with a better educational environment. It was the same problem as before. I was one of a handful of white kids in an all-black school in an all-black neighborhood. By now I had become more hardened and began to act out criminally. I had two other siblings, a special needs sister and a brother five years younger than me. I was always in trouble and my mother couldn’t deal with me. I ran away from home all the time to go hang out with my criminal friends. It was easier for me to fit in with them than to be the “Smart obedient “child who got bullied. My freshman year of high school my parents again tried to send me to a good high school, out of my district, again in a non-white area. This led me to skip school and in general be a thug. By the 10^th grade my parents had just about given up on me. I was left in the care of the Dallas juvenile system. I was placed in the Dallas County Boys home. I was there for almost 2 years (10^th-11^th grade). This was a very difficult time in my life. All the people around me were criminals and I only had one choice as I saw it. Be a victim or be a victimizer. The victimizer was an easier role and one of less victimization. My record while in placement reflected that. I went back to the Boys home to visit about 10 years later and I was vividly remembered by the staff that was still there.

After I was released back to my parents to return to my neighborhood High School I never fit in. I didn’t grow up with most of them so I was like an outsider. The only friends I was able to make were the thug kids who had been through similar situations. Thus my life of “Big Boy” crime began. At first we were doing vandalism and petty thefts etc. Then I started selling and doing drugs, from there I graduated to home invasions and vehicle thefts. I was arrested in 1986 for my first burglary. I was given probation and I was homeless. My parents wanted nothing to do with me because I had become everything they couldn’t stand, and everything they had raised me NOT to be. I continued on my life of crime and personal destruction. By 1988 I thought I had moved up in the crime world, I was not actually committing thefts but I was buying stolen property and paying the thieves in cash instead of drugs. I thought I was doing good. Was I ever sadly mistaken. By this time I had a job and a car and a place to live. That all came crashing down too. I was arrested and shown all the pawn tickets I had cashed in linking me directly to the thieves and stolen merchandise. Since I was already on probation for the burglary in 1986 and at the time burglary carried a penalty of 5-Life, I took the offer by the Dallas DA of 5 years TDC. It was the best deal I could hope to get. At the time Texas prisons were severely overcrowded and most people were only doing a month on the year for their sentence I thought I’d be out in 5 months. Well not me, I wound up doing 9 months on my 5-year sentence. It was a very trying time for me personally, but I learned more about myself in those 9 months than I had in the previous 22 years. I learned I had mental strengths and determination to make it through more than I ever thought I could. I had to work in the fields with literally bloodied hands that hurt so bad I couldn’t close my fists. I had no skin left on my hands yet I had to wield a hoe every day. I endured times when I just knew I was gonna pass out from pain and exhaustion. I learned I was way stronger than I had ever imagined. This was my catalyst for changing my life. Never before had any member of my family been to prison. I felt ashamed for tarnishing my family’s name. I never wanted to lose my freedom and rights again.

When I was paroled from prison, I struck out on a journey to find myself. Right out of prison I was fired up to make something of myself. After being out of prison for a year or so, I still didn’t know what I wanted to be or do. It was hard finding a job, or getting people to trust me. The only people I seemed to connect with were criminals and drug addicts. I started abusing cocaine. I still remember very vividly the last time I did cocaine. It was in 1991 around January/February. We were all sitting around getting high on cocaine and all of the sudden my entire body went numb. My heart felt like it was going to beat out of my chest. My “friends” all looked at me and were like, Aww man we got to go. They left me alone to die on that couch a dope head. I closed my eyes and I prayed to God and asked him to save me and spare my life. I swore that if I lived through this I would never ever do dope again. I closed my eyes and woke up the next day perfectly fine. I have never touched dope again.

My life didn’t get better overnight but God opened doors for me to allow me to escape that life and fate. I spent the next few years trying to stay positive and sober.

I met my beautiful wife in December of 1992. My life started taking shape. In early 1993 we learned she was pregnant. Around the same time my ex-girlfriend told me she was pregnant, too. What a shocker for me. I was not really prepared for kids but God put it on me so I had to become ready. I had always told myself if I ever had kids, I would never let my kids go down the road I did. I would do everything possible to give them a childhood I never had.

I was in the summer of 1995 a guy I had recently met was starting a new electrical contracting company and he wanted it to be high-tech. Khristy’s grandmother liked me and wanted to help me get a good career so she bought me my first computer. I liked computers and I had studied computer programming in prison. I spent countless hours teaching myself computers. So when Jerry asked me to help him with his new company, it was my first real computer job. We primarily did electric installations for swimming pools and spas. After I got all the companies networked and a website going there wasn’t much to do at the office. So I decided instead of just sitting around the office I would learn about electrical work.

I found my passion. I don’t know why, but I really loved doing electrical work. I enjoyed working hard sweating more than sitting in an office doing computers. The guys were eager to teach me but they didn’t understand why I wanted to be in the field doing labor when I could be in the A/C taking it easy. That earned me respect among the electricians. It all seemed so easy to me to do electrical work.

Skip forward several years, we moved to rural Hunt County, Texas. I was raising my stepson and my son living the simple country life. My boys were going to a school where K-12 was on one campus on about 10 acres of land.

One day I got a call from my daughter who was now 10. Her mother was going to prison and she had no other family than me to go to. Going back 5 years or so while my daughters Grandma was alive, my wife and I had let Ruth (Grandma) and my stepdaughter and my daughter come live with us. The girl’s mother had always struggled with addiction, one of the reasons she and I couldn’t make it together. Grandma and the girls had lived with my wife and our 2 boys for about a year, Khristy and I told her the girls could stay but she had to get a job to help support herself or she had to go. She showed her gratitude by soliciting my X’s current boyfriend to rob our house. He stole about $30K worth of personal belongings and cash from us. It took about a week for my police friends to discover who had committed the burglary. By that time Grandma and the girls were gone. I didn’t see them again for about 5 years.

Back to the call from Jessica my daughter. I went immediately to pick her up from over 70 miles away. They girls were staying with an old alcoholic man who had other dope head men living there. I took my daughter that day despite the objections of “Hag”. My daughter I found out was out of juvenile pending a court case for assault on another girl her age. I had to get a lawyer and go to court with my daughter for the assault case. The judge gave me custody of her and put her on probation. Her mother was still waiting for transport to prison.

When Jessica came to live with me, she was everything I had raised my boys NOT to be. She was a thief and she would rather lie than tell the truth even if the truth served her better. She reminded me of me when I was a kid. It broke my heart. I remember telling myself if I ever had a kid, no matter what I would never give up on my kid. I would do everything possible to be there for them. Well she was my true test of my resolve. My wife and daughter did not get along at all. My boys didn’t want her there because she was taking from them in their eyes. It was a true personal battle for me. My motto had been since the early 90’s “actions speak louder than words”. A thought first introduced to me by my father. I kept thinking I can’t give up on her. I have to pull my family together, it is my job as the man of the house and as the leader of my family. It was definitely a struggle of epic proportions. In the end, I won. I stuck with my convictions and I did change my daughter’s life. She is the ONLY female in her family going back at least 4 generations to not be pregnant by 16. She was the only one in her family to not have a bout with addictions and only the second next to my stepdaughter to graduate high school. With an A/B Honor roll with my son Kory. She went on to join the US Marine Corps and she is a very loved and respected member of our family and community. In just 2 years as a Marine she has obtained the rank of NCO Corporal. I could not be prouder of her.

My oldest “Step” son Taylor. I have been in his life since he was 3 years old. One of my earliest and cutest moments of him is when I was working on the sprinkler system in our yard, I was covered in sweat. He looked at me puzzled and said, “Why you have cry on you face?” Taylor was diagnosed with Leukemia when he was 3 ½ years old. That was a very painful yet turned out to be a joyful time for us. It was painful to watch a 3-year-old child go through 2 years of Chemo and constant hospital visits. I hated having to make him take shots and seeing the pain and fear in his eyes. It was very hard for us and it is still painful for me to think about. Thank God for his healing power and modern medicine. Taylor is now a healthy 25-year-old man. He is a body builder that can bench press 500 pounds. He has graduated from personal trainer school and massage therapy school. He has a good career opportunity working for one of my electrical supply companies.

Kory is my youngest son. He is my joy too. He is a very caring and independently driven young man. He is the stereotypical good ol country boy. He has always been a very hard worker who takes great pride in everything he does. He is a joy to have as a son, he is always trying to do more and to be better. He followed in my footsteps as an electrician. He has taken the initiative to learn and always get better at whatever he does. He is an honest and very hard working young man who makes me very proud to say I am his father.

I am very blessed man to have the children I do. I am very proud of them. I am glad to have raised them to be good citizens who care about more than just themselves.

About my wife, Khristy is an angel sent from God. She has been my stability and my driving force. She has been my inspiration to be who I am today. She is the one who made me realize how wonderful life can be. She has made me happier and sadder than any human I know. She is my world, and I can’t give enough thanks to God for her and what she means to me and my life and to the successes I have had as a man, a father and a business man. I owe her my entire life, because without her I don’t think I would be half the man I am today. She is far better than I ever deserved and I know she is my direct gift from God.

Due to the blessings bestowed upon me in my life’s struggles, I have been able to reach people and be an example of how life can change for the better if you work for it and want it to happen. I have spent most of my adult life trying to mentor both young and old. I have tried to lead by example and through my actions, not my words. I have been recognized for my charitable deeds by Habitat for Humanity and by the National Rebuilding for America organization. I have been politically involved in my community as well as involved with other charitable groups like Lowes Heroes. I take great pride in “Giving Back” to my community. I have donated equipment for my local sheriff’s office to help keep them safe in high risk situations and I have also donated equipment to my local police departments to help them be more efficient. I have donated time and resources for my local Volunteer Fire Dept. and my home city of Quinlan. I take great pride in being able to give back to the country that has given me the opportunity to succeed due to my efforts.

I am a True Constitutional Patriot who wholly and completely supports our founding fathers vision for this country. I do firmly believe in America, we are only limited by our own efforts. My latest contribution to my country and state was to spend 4 months deployed to the Texas/Mexico border doing the job our Federal government refuses to do. I have personally helped turn back several hundred illegal invaders from various countries, while helping to serve the community of Brownsville. Local law enforcement and even Federal Agents told us that we had made a big difference in crimes against property and the people of Brownsville. We were told at one point there was an 80% reduction in property crime due to our work on the border. We treated any illegal we detained with dignity and we gave them food and water while waiting on Border Patrol to pick them up.

While I am suffering a heavy-handed persecution from my own Federal Government for my service on the border, I would do it all over again. I love these United States!

Thus ends what Massey had written, though there is more to the story. Those who have worked with Massey know him for what he is. In that light, they have written letters in support of Massey and to acknowledge what he has meant to their communities:

Honorable Donny Brock, Mayor, Quinlan, Texas

Chris Dewey, Police Officer, Farmersville Independent School District Police Department

Dr. Graham Sweeny, Superintendent, Boles Independent School District

 

C. Massey is a man among patriots.

More Outpost of Freedom articles about K. C. Massey

 

 

Vermont

The Fourteenth Colony

Gary Hunt
Outpost of Freedom
October 1997 (Revised March 23, 2015)

 

There is no doubt among Americans that there were thirteen colonies engaged in the struggle with Great Britain just over two hundred years ago. Most will recognize names such as the Green Mountain Boys, Ethan Allen and the Battle of Bennington. Few, however, recognize the role played by this isolated area in our quest for independence.

Vermont, geographically nestled between New York and New Hampshire, was, without a doubt, part of the number that cast off British control of the colonies. Both geographically and evidenced by their full participation, they were as much a colony, that arose from the conflict as, any of other thirteen colonies.

In an area known as the New Hampshire Grants, in lands which were disputed between New York and New Hampshire, lay some rugged and mountainous terrain. The people carved their niches and felt no allegiance to either of the two colonies. After their declaration of independence from Great Britain, they also declared themselves free from New York and New Hampshire.

In 1777, Vermont established its Constitution, basing the right of Vermonters to establish self government on the Declaration of Independence, with its declared right to self government. Ironically, the authors and defenders of the right to self-government and separation from ALL British control denied Vermont the right to self-government and chose to abide by geopolitical boundaries established by the British Parliament. They failed to recognize the right of the people in the disputed lands to establish their own government, in direct opposition to the words by which they declared themselves “free and independent.”

This is not to say that Vermont was denied recognition. From 1777 through March 4, 1791, when Vermont became the first state entering the Union under the Constitution, there are many historical passages that recognize the importance of this state and its true relationship with the War for Independence.

The primary source of political opposition to Vermont’s admission to the Union came from New York. Some of the lands within Vermont were claimed as lands granted to New York. These outstanding claims by the very large and powerful New York caused the Continental Congress and subsequent Constitutional Congress to refuse to even discuss the entry of Vermont as a member of the Union. It wasn’t until 1790, when Vermont agreed to pay $30,000 for the disputed lands, that New York finally removed its opposition, opening the door, finally, to Vermont’s admission.

Vermont, during the course of these events, was the only true “free and independent” colony among the fourteen who had taken on the British. Of all of the states to enter the Union after the first thirteen, only Vermont was required to ratify the Constitution as a condition of entry. Although the entry of Kentucky was approved by the Congress on February 4, 1791 and Vermont on February 18th, the entry of Kentucky was delayed until June 1st so as to allow Vermont’s entry prior to Kentucky, on March 4, 1791.

Further proof of the recognition of Vermont as a true member of the original Union lies in the fact that it is the only state, other than its 13 brothers, allowed a vote to ratify the Bill of Rights, ratifying the ten amendments on November 3, 1791.

Vermont’s admission was recognized, at the times, as a closing of a circle. From the Vermont Gazette of January 24, 1791:

ALBANY [New York], January 13.

XIVth PILLAR OF OUR FREE AND HAPPY FEDERAL GOVERNMENT

Yesterday morning, the pleasing intelligence of our sister state, VERMONT, having adopted the american constitution, by a state convention, was received by a gentleman of character from that quarter — and at one o’clock, the independent company of artillery paraded, in uniform, and fired a federal salute of 14 guns from Forthill, which was followed by three cheerful huzzas, from a number of our most respectable citizens. This agreeable event, which closes the circle of our federal union, cannot fail of being received with the utmost satisfaction by all americans, of every description, who are friends to order, unanimity, and good government, and to the true welfare of our happy country.

Shortly after I posted Camp Lone Star – More like Wonderland, K. C. Massey provided me with his analysis of the Response by the government to his motions for suppressing evidence and dismissal. I have made minor edits for clarification. Otherwise, these are Massey’s own evaluation of the Response.

In all fairness, if anybody from the government side wants to rebut, or refute, either Massey’s or my post, I will be happy to accommodate them.

Massey says:

* * * * * * * * * * * * *

BP agent, Marcos Gonzales, was pursuing a group of illegal aliens when he encountered an armed Foerster in heavy brush. BP agent Gonzales perceived Foerster as an armed and immediate threat when Forester pointed the weapon he was carrying at Gonzales who was emerging from the brush. Gonzales fired four or five shots which did not strike Foerster. Foerster was armed with 7.62X39mm pistol which contained a vertical fore grip and was slung around his neck. The shots were fired at approximately 3:45 P.M.

This is UNTRUE. We had been to only 3 crossing sites when we encountered the dismounted BP approximating the time to be no later than 3:00p approx 15 minutes into the assistance of the BP the shots rang out. Making the shooting closer to 3:15. The firearms audit investigation did not determine whether it was 4 or 5 shots. The original reports as issued by Border Patrol information officer Zamora to the press August 29th NEVER stated Foerster “Pointed” his weapon at the Agent, only he turned with it in his hands. How do you “Sling” a pistol around your neck? What is the point of mentioning what Foerster did or possessed have to do with me who was not at the scene? I also posted my account of the incident at https://www.facebook.com/kevin.kc.massey/posts/839070526105377 on Aug 30, 2014. That is my recount of the story, written just after it happened.

Senior Border Patrol agent Danny Cantu was nearby, heard the shots and secured the scene for investigation by Federal and/or State law enforcement. Cantu was not certain if the shooting was on State or Federal land and contacted the Federal Bureau of Investigations and the Cameron County Sheriff’s Office. Cantu requested Foerster to accompany him away from the river bank to an open area, “staging area”, approximately 100 yard away.

The staging area was over 200 yards away, and we were asked to move there due to illegals still in the area moving toward our position. He commanded myself and Varner to go to the staging area. Foerster rode on the mule to the interview site with us! We were told since it was private property the Sheriff had to be notified to investigate. Cantu KNEW we were on private property, they called the Game Warden to determine if we had trespassed on federal land prior to the shooting is what the Game Warden stated to me, which he was able to confirm we had not. They said the federal Agents had to investigate since it was a shooting by a federal agent. The picture, below, has the approximate locations of the shooting and interview area, on the right side.

Foerster was angry and wanted to fight BP agent Gonzales. Defendant, Massey, wanted to leave the area.

Foerster was angry because he was just shot AT by a BP Agent after we had been asked to assist the dismounted BP agent and the shooting was unprovoked. I NEVER asked to leave the area, that was the decision of Cantu!!! He said since there were still illegals in the area we needed to move locations. We stated we did not want to “press charges” for the shooting by BP, but BP said they had to conduct an investigation since a federal agent had discharged his firearm.

Cantu told Massey all members of his group must remain until shooting was investigated. Cantu requested that all members of Rusty’s Rangers disarm while the investigation was conducted.

This is another LIE Cantu NEVER requested we “disarm” We voluntarily decided to leave weapons on the mule after we moved to the staging area.

Massey turned over a handgun and rifle which was secured in a Border Patrol vehicle during the investigation. Foerster relinquished the pistol he was carrying and the third member of Rusty’s Rangers relinquished a pistol and a rifle. The weapons were all secured in a Border Patrol vehicle.

Cantu TOOK Foerster’s gun after Gonzalez shot at him which Foerster had laid on the ground. My and Varner’s weapons were left on the mule. It was articulated to us “For officer safety” and due to “Illegals in the area” BP wanted to remove our weapons from the mule along with my GoPro Camera and other personal equipment and “secure” them in the BP vehicle for our “safety”.

During the investigation criminal histories were requested that indicated that Massey and Forester had felony convictions. The pistol carried by Forester was believed to be a prohibited weapon due to the addition of the fore grip. CCSO officials decided to keep possession of the weapons pending further investigation.

The sheriff’s office DID NOT articulate any cause or reason for taking and keeping our arms, even after protest by myself and Varner. We were never given a receipt for the Arms or other equipment they took from the mule. The sheriff took possession of the Arms only 15 minutes or so before we were released from detention.

Massey and Forester were allowed to leave the scene and all officials departed by 7:00 PM.

Again another LIE, we were released from detention at approx 8:15 pm. We were detain nearly 5 hours and were not free to go.

Massey was not provided Miranda warnings during the investigation. Massey was never handcuffed and cooperated in surrendering his weapons and providing statements.

Only after BP and FBI, and HSI and CC Sheriff insisted we make statements even after we stated we (Varner and myself) were NOT witnesses to the shooting and had NO pertinent information. We gave statements under protest. We did not “surrender” the Arms, they insisted for officer safety that they be secured in the BP vehicle.

It was reasonable for BPA Cantu to disarm Massey and tell him he could not leave the area where the shooting occurred. Police are allowed to stop and briefly detain persons for…

“Briefly” is defined as 5 hours?

investigative purposes if the police have a reasonable suspicion supported by articulable facts that criminal activity may be afoot.

We were never informed. “We”, Foerster, Varner or myself, were not under any investigation for ANY crimes. The only criminal activity was the unprovoked shooting at a civilian, that were there at the request and in assistance of the BP.

Texas Penal Code Section 46.02 Unlawfully Carrying Weapons (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club if the person is not: (1) On the person’s own premises or premises under the person’s control  

The property was under our control by permission of the conservator for patrol and illegal immigrant deterrence and for cleaning, marking and clearing of illegal crossings. We had permission for 24 hour access to the property in which we routinely camped out on the border.

The CCSO was informed by Border Patrol agents about the shooting and the seizure of weapons. CCSO deputies made the decision to maintain custody of the weapons after it was revealed that Massey had provided Forester a weapon and that Massey and Forester both had criminal histories that included felony convictions.

We were told the weapons were being held for investigation pertaining to the BP shooting, not for any criminal causes relating to us. They confiscated Varner’s weapons and did not return his although he was NOT a felon. The above statement says the weapons were seized, yet earlier statement says they were voluntarily surrendered. Which is it? They had the Arms in the BP vehicle PRIOR to knowing any prior history of Foerster or me.

Statements obtained from Massey were not the product of custodial interrogation. Massey was never handcuffed, placed in a police vehicle or moved away from the staging area.

I was held under protest due to investigation of BP Gonzales illegal discharge of his firearm at Foerster for approx 5 hours. I was in custodial arrest/detention, I was not free to go despite several requests to leave due to my NON involvement and lack of knowledge in the shooting incident and me NOT witnessing anything since I was in a covered position on the river bank at the time of the shooting. Varner and I were over 75 yards away from the shooting through a lot of heavy brush.

Massey was interviewed by an FBI agent for approximately 35-40 minutes. Massy was not arrested and was allowed to leave the area as soon as questioning concluded.

I was questioned by Border Patrol, FBI and Homeland Security and the Sheriff’s office. Questioning lasted approx 30 minutes by each agency. We were not free to go until over an hour after the last “Interview” after approx 5 hours of forced detention.

The questioning took place on the side of a dirt road. Massey was cooperative during questioning and agreed to answer most of the questions asked of him. Massey did not want to provide his social security number and the FBI agent agreed he did not have to provide the number.

Massy and the FBI agent were cordial to one another with Massy indicating he appreciated the need to ask questions because he knew law enforcement officers.

What is the point of the above statement? Notice the misspellings? Why the reference to my social number? If they read the investigation report enough to see I didn’t give up my social security number, what couldn’t they determine the other facts of the case like the firearms audit of the BP agent to determine how many shots were fired?

Massey was not the focal point of the investigation;

Previously they said I was the focal point of an investigation of felon in possession of a firearm in violation of Texas law. Why were the federal agents detaining me for a possible state law violation?

agents were primarily concerned with circumstances surrounding the shooting between Forester and BPA Gonzales. Custody for Miranda purposes requires a greater restraint on freedom than seizure under the fourth amendment. United States v. Cavazos, 668 F.3d 190,193 (5th Cir. 2012). “A suspect is … ‘in custody’ for Miranda purposes when placed under formal arrest or when a reasonable person in the suspect’s position would have understood the situation to constitute a restraint on freedom of movement of the degree which the law associates with formal arrest. United States v. Begivanga, 845 F.2d 593, 596 (5th Cir. 1988).

Again notice the inconsistency of their statement “agents were primarily concerned with Foerster” Yet they took the arms from myself and Varner who were not involved in the shooting in any way, as defined by Blacks Law 8th – Physical Custody; Custody of a person whose freedom is directly controlled or limited. Detention; The act or fact of holding a person in custody; Confinement or compulsory delay. Investigative detention; the holding of a suspect without a formal arrest during the investigation of the suspects participation in a crime. Detention of this kind is constitutional only if probable cause exists. Arrest; 2.The taking or keeping of a person in custody by legal authority. The term “formal arrest” is not defined.

In the instant case Massey was told, By BPA Cantu, to remain in the staging area while the shooting was investigated. Massey was allowed to leave after he was questioned. Massey was never in custody.

I was held against my will and under protest for approx 5 hours. I was not “allowed to leave after questioning” for almost an hour after the last of 4 interviews. I was in custody under arrest although not under restraints. I asked if we were free to go several times, prior to and after each interview. I was held in a “custodial arrest” and I was not free to leave. I was in custody (physical custody) as defined by Blacks Law.

 

Camp Lone Star – More like Wonderland

Gary Hunt
Outpost of Freedom
March 21, 2015

 

In Camp Lone Star – “Fruit of the Poisonous Tree” and Camp Lone Star – “a Fundamental Right”, I discussed the motions filed by K. C. Massey’s attorney, Louis Sorola, the former being a motion to suppress evidence and the latter a motion to dismiss the charges. The government, surprisingly, managed to respond to those motions within the statutory time (20 days), when they filed the

GOVERNMENT’S RESPONSE TO MOTION TO SUPPRESS AND
MOTION TO DISMISS INDICTMNT [sic]

That is not an error on my part. The word “Indictment” is spelled, on the title of the document, as “Indictmnt”. Pretty good start for someone who receives over $100,000 per year plus amazing benefits from your hard earned money. You would think that they have spell-check on their computers, and that they would, to avoid error, have someone proofread what they write. But, heck, I guess that any form of diligence, whether as to grammar or truth, is not within their scope of responsibility.

Back on October 20, 2014, agents of the FBI and the BATF went to a home in Quinlan, Texas, to search for weapons (See Camp Lone Star – The Arrest of K. C. Massey). Any authority to search this house would be based upon the assumption that it was where Massey lived — his residence. Based upon the “Conditions of Release” (See Camp Lone Star – Cruel and Unusual Punishments – Before Conviction), they also presumed that Massey lived in the Quinlan house as that is where his “Home Detention” requires him to be. The Response does point out that Massey “left his home and traveled to Cameron County, Texas during the summer of 2014“, confirming that Quinlan was his home, but that he had moved for an extended period of time, over the summer.

Subsequently, they had a search warrant issued to search the premises at the Value Inn motel in Brownsville, and at the time of the search, arrested Massey. So, it appears that they then presumed that he lived at the Value Inn. The question, however, is where did Massey live, during that summer. Well, he lived on the “Rusty” Monsees property, at Camp Lone Star, with the consent of the owner. The purpose was to protect the property and to assist Border Patrol in discouraging entry into the United States, or, if they did enter Monsees’ land, to turn them over to BPS. The room at Value Inn was arranged to provide a place to clean up, due to the limited facilities at Camp Lone Star, and allow others, as well as Massey, to get a good night’s sleep on a soft bed, from time to time. So, his primary residence was actually Camp Lone Star. This can be equated with a businessman who has a home in New Jersey and works in New York. He may have a room in New York that he uses five days a week, and then stays at his home on the weekends. Are they not both his residence? Or, is there a law that prohibits only the wealthy (the Clintons come to mind) to have more than one residence?

Let’s add another factor before we proceed. A Mr. Aguilar, curator of the Sabal Palms wildlife sanctuary, granted permission to include the sanctuary in the area to be protected from illegal entry by illegal immigrants (See Massey’s account of incident). This would put that sanctuary, along with the Monsees property, under Massey’s “control”, at least with regard to deterring entry on the property of trespassers.

Now, you may be wondering why I brought that up. Well, I brought that up because I am wondering why the government, in their Response, chose to bring up a law that was not within their jurisdiction. On pages 4-5 of the Response, they cite Texas Penal Code Sections 46.02 and 46.04. It seems that they want to use Texas law to justify their action under federal law, but Massey is not charged with violating Texas law.

Texas Penal Code Section 46.02 Unlawfully Carrying Weapons
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club if the person is not:
(1) On the person’s own premises or premises under the person’s control

Texas Penal Code Section 46.04 Unlawful Possession of Firearm
(a) A person who has been convicted of a felony commits an offense if he possess a firearm:
(1) After conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) After the period described by Subdivision (1), at any location other than the premises at which the person lives.

The justification is based upon the fact that a Cameron County Sheriff’s Deputy was on the scene shortly after the shooting incident, however, the Sheriff didn’t charge Massey with a violation of Texas law, so that whole subject is moot.

The shooting incident warrants our attention. The only shooting done that day was by BPS officer Gonzales who shot at John Foerster. From the Response, “Senior Border Patrol agent [sic] Danny Cantu was nearby, heard the shots, and secured the scene for investigation“… “Cantu told Massey all members of his group must remain until shooting is investigated” (page 2). So, if you have an armed officer telling you that you “must remain”, the question arises, were you detained? Or, were you free to go?

I asked Massey whether he was free to go and he explained that within the first few minutes of the “investigation”, he asked, since he and the third member of the party, could leave, they were told “no”. He explained that he asked, a number of times, that he asked in one form or another whether they could leave, and were consistently told that they could not leave.

At page 3 of the Response, “It was reasonable for BPA Cantu to disarm Massey and tell him he could not leave the area where the shooting occurred.” Well, this might be “reasonable” if Massey were a witness to the shooting, however, he did nothing more than hear the shots fired. So, he couldn’t be “detained” as a witness, as he witnessed nothing. The only two people that witnessed anything were Foerster and Gonzales. If you heard shots from a bank robbery, two blocks away, would they; could they detain you as a witness or participant?

On page 4 of the Response, “Police are allowed to stop and briefly detain persons for investigative purposes if the police have a reasonable suspicion supported by articulable facts that criminal activity may be afoot” (pages 3-4). Where does the reasonable suspicion come in when Foerster never fired a shot and Massey and the third party did nothing more than hear the gunshots? What “criminal activity [might] be afoot”? Perhaps the BPS officer, Gonzales, fired his gun outside of the BPS policy for use of firearms, but is there any other possible “crime afoot” that would justify such action? So, it would appear that their argument would only apply to Gonzales, not anyone else — Sort of government doublethink or some other screwy effort at justification of something that is unjustifiable.

Also on page 4, we find, “If an officer develops—–and is able to articulate—–reasonable grounds to believe that a suspect is armed and presently dangerous to the officer, third parties, or himself, the officer may take swift measures to discover the true facts and neutralize the threat of harm if it materialized.” So, did Gonzales or Cantu have any reason to make any person other than Gonzales a “suspect”? Was there anything in the cooperation of the three that lead them to believe that any of the three were “presently dangerous to the officer, third parties, or himself”? And, if those conditions were met, to “take swift measures to discover the true facts and neutralize the threat of harm if it materialized”, would be what was required. However, by the times provided, and the absence of any apparent threat, we find that they were detained from 3:45 to 7:00. However, that final item not being, in the least, justified, how can anyone perceive 3 hours and 15 minutes in which you are not allowed to leave, anything other than being detained, without Miranda warning?

We cannot stop here, however. The guns were taken from the Massey side, I suppose as “evidence” of some sort, however, the pistol that did the shooting was not taken, as evidence, nor even inventoried or audited. It seems that five shots were heard but that only four shell casing were found. Hence, the Response, as previous documents provide, the uncertain “four or five shots”. What kind of incompetence on the part of government is this? They don’t know how many bullets were loaded in the pistol, or they never did any investigation of the shooting weapon. However, they saw fit to seize weapons that were not involved in the incident.

From page 3 of the Response, we find some very cheap rationalization with, “Massy [sic] was not provided Miranda warnings during the investigation“, and “Massey was never handcuffed…” Golly, gee, he was detained, but since he wasn’t handcuffed, he doesn’t qualify for a Miranda warning, only they use what he said, and what he may have possessed, against him. This, because he “cooperated in surrendering his weapons and providing statements.” Darn, isn’t that the whole idea behind the Miranda warning? They didn’t Mariandize him, they didn’t let him leave, they were armed, and they asked him questions and then took the firearms. Actually, the government said, “surrendered”. Surrendering is capitulating — giving into force or threat of force. However, the government argues that the “evidence” that lead to a subsequent Indictment was obtained, was given freely — perhaps Massey wanted to be charged with a crime. We will just discount the facts and draw some conclusions about around that “Fruit of the Poisonous Tree”.

Has the federal government run amuck? Do they lie to rationalize achieving their objective — by whatever means necessary? Is their sole objective to prove that the government can do no wrong? I leave the conclusion to the reader.

The Escapes – And My Journey to Freedom, by Du Hua
A review of a book that every Vietnam Veteran should read

Gary Hunt
Outpost of Freedom
March 11, 2014

Du Hua was just 7 years old when I left Vietnam. I never met him until, recently when I read his book and then spoke with him on the phone.

It was about 10:00 AM, September 19, 1967, when I boarded a commercial flight from Bien Hoa Air Base, Bien Hoa, Republic of South Vietnam. After a 15-hour flight, we landed at Travis Air Force Base, California, at about 10:00 AM, September 19, 1967. Because of the International Date Line, my flight, by local times, was a matter of minutes.

Not so for Du Hua. It was the spring of 1980 when he made his first attempt to escape the communist regime that we had left as our political legacy in Vietnam. Things did not work out so well for him, as the pre-arranged escape did not work out as planned. For various reasons, the next nine attempts also failed to result in his escape from Vietnam. Finally, on his eleventh attempt, and a harrowing ordeal at sea, he succeeded, along with the other passengers in the frail boat in which they had escaped. The Cap Anamur, a German ship, purposed to rescue the Vietnamese Boat People that had survived their ordeal by sea, picked them up. This was in June 1981, over a year after his first attempt to escape. Very different from that casual flight I had taken just 14 years earlier.

He and his companions were then taken to the Philippines. After months of effort, he received permission to go to the United States and join his brother, a Vietnamese Soldier who had escaped years before, after having been seriously wounded in combat.

Du went on to join the United States Navy, serving proudly until receiving a lifetime service related injury while serving with VFA-86.

Having lost his naval career to the injury, he worked his way through college, eventually becoming a registered pharmacist (this requires almost as much education as a doctor).

Du has achieved what he sought when he left Vietnam, 34 years ago. He has found his Freedom and his American Dream.

However, for Vietnam Veterans, treated so contemptuously upon our return from Vietnam, there is a far greater message in this story of Du’s escape and subsequent life. He is very active, today, speaking to children in classrooms and to other groups, of his experience and paying tribute to Vietnam, and other veterans who have served their country. He also speaks of his appreciation for the United States and the ideal of freedom, and what it meant to so many who, like Du, risked their lives to leave communist Vietnam and seek the freedom that they had heard so much of from those of us who had served with honor and imparted images of what life in the United States was all about.

Except for my family, other Vietnam Veterans, and their families, there has not been a “Welcome Home” that had any meaning — simply platitudes in keeping with Political Correctness.

This always left me with the feeling that since our own government did not have the same honor as the soldiers who fought in Vietnam, there was no purpose, any good, served by those who fought, and especially those who died, in what we believed at the time to be our duty.

As I read Du’s story, I began to realize that though we abandoned the Vietnamese when we left, we left a legacy that endured, and became that shining light that the Statute of Liberty once stood for — a Beacon to the World. Our efforts were not in vain, regardless of the failure of our government. For the first time in my life, I feel that my efforts have served far more than I had ever imagined.

This book has shed a completely new light to that service. It has served as redemption of what had been couched in guilt for the past 48 years. For the first time I can say not only that I was proud to have served, but also realize that that service has done far more for our country, and the world, than I ever imagined.

Vietnam Veterans can receive a copy of the book by contacting Du Hua via email at theescapes81@gmail.com

Others wishing to read Du’s story can purchase the book at:

http://bookstore.authorhouse.com/Products/SKU-000569324/The-Escapes-and-My-Journey-to-Freedom.aspx

or

http://www.amazon.com/The-Escapes-My-Journey-Freedom/dp/1477210628