'Sovereign citizen' gets 35 years for assault on officer
Tesi Courtesy: Colleyville PD
By Steve Norder snorder@star-telegram.com Posted Wednesday, Feb. 01, 2012
Breaking news update: A jury on Wednesday deliberated about two hours before sentencing James Michael Tesi to 35 years in prison. FORT WORTH -- After deliberating for almost three hours Tuesday, a Tarrant County jury convicted James Michael Tesi of assaulting a Colleyville police officer in a shootout outside Tesi's home in Hurst last year.
The seven women and five men found Tesi, a self-professed "sovereign citizen" who believes he is not subject to local, state and federal laws, guilty of aggravated assault on a public servant with a deadly weapon.
Testimony in the punishment phase of the trial began immediately. Tesi faces up to life in prison and a $10,000 fine.
Tesi, 49, who had been free on bail, was taken into custody.
Tesi's attorney, Ronald Hardin, said, "The case will be appealed with all due speed. I obviously have a different opinion of the jury's verdict."
Prosecutor Jim Hudson said he would not comment until the case is fully resolved.
Tesi and Colleyville police officer John Fossett exchanged at least 15 shots July 21 as the uniformed officer tried to arrest Tesi on Colleyville traffic warrants. Tesi was shot in the leg and face; Fossett was not injured.
As jurors began deliberating Tuesday afternoon, Hardin indicated he was confident that Tesi would be acquitted. "It's just a question of following the facts," he said.
During five days of testimony, Hardin repeatedly brought up questions regarding Fossett's attempt to pull Tesi over on Precinct Line Road on Collevyille's west side. He also disputed Fossett's version of the subsequent shootout in Tesi's driveway and garage.
Hardin, in his closing argument, said Fossett gave three versions of the events. "None of them match," he said. "How many times does it take to tell the truth to know the truth?"
He urged jurors to concentrate on the physical evidence, such as the location of shell casings from Fossett's gun that, Hardin said, did not put him inside the garage.
"Physical evidence doesn't lie to you," he said. "It doesn't have an opinion."
When Fossett first shot at Tesi, Hardin contended, Tesi was talking on his cellphone and did not have a gun in his hand as Fossett had said. Hardin argued that it was only after Tesi was shot in the face that he reached back into his truck to get a gun.
"What was Mr. Tesi doing back in his vehicle?" Hardin said. "He knows in his mind that officer Fossett is there to kill him."
Tesi's motive for thinking that, Hardin said, was his beliefs. Tesi has said he is a Moorish American, not a U.S. citizen. He had been upset over an earlier traffic stop, writing a letter to Colleyville police that if anyone tried to arrest him he "would have authority to use deadly force."
"Mr. Tesi was in fear for his life," Hardin said. He quoted a statement Tesi made after being shot: "If I'm going to die, I wanted to die at home."
But Hudson and prosecutor Dawn Ferguson told the jury that no matter what Tesi thought about Colleyville police officers because of the traffic stop, he committed a felony when he pulled a gun and pointed it at Fossett.
"This is not self-defense," Hudson said. "You don't get to intentionally evade an officer, send threats to the city or pull a gun on an officer.
"Mr. Tesi is not on trial for his beliefs."
Hudson said there was some contradiction between how Fossett described his actions and what a woman across the street said she saw, but "the jury had to resolve conflicts in testimony."
It is understandable that Fossett may not remember every detail of the shootout, which is estimated to have lasted about 15 seconds, Hudson said.
"Officer Fossett took a bullet through his hair," Hudson said. "He was not wearing a vest. He was a little freaked out."
To open the punishment phase, prosecutors called two witnesses, including Colleyville police officer Kyle Meeks, who described pulling Tesi over for allegedly speeding on Dec. 20, 2010.
Meeks said Tesi handed him a "Native American Indian identification card" rather than a driver's license. After determining that a warrant for Tesi's arrest had been issued in Arlington -- for failure to pay a ticket for not wearing a seat belt -- Meeks arrested Tesi. A search of Tesi's car turned up a handgun. Tesi was released later that day.
The trial is scheduled to continue this morning in 297th state District Court.
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