Tibor Kovacs Update & Legal Threats…

Tibor Kovacs. Picture via Starr Telegram and the Arlington Police Department.

Tibor Kovacs. Picture via Starr Telegram and the Arlington Police Department.

So over two years ago while I was running the State Sponsored Criminal Count I did a post about this incident out of Arlington Texas.

Update regarding Tibor Kovacs’s legal entanglement:

Now according to this following quote from one of his local papers a Judge ruled him to be rehired in June. While at the same time the city has stated its desire to continue to appeal.

A Tarrant County judge reinstated an Arlington police officer who was fired three years ago after being accused of sexually assaulting his girlfriend and interfering with the investigation.

State District Judge David Evans ruled late Monday that the Police Department should immediately rehire Tibor Kovacs and awarded him $164,471 in back pay.

Assistant City Attorney Melinda Barlow said that Arlington plans to appeal the ruling and that Kovacs had not rejoined the force as of Tuesday and had not received the back pay.

The story does state that a grand jury failed to indict him on the charge however that is neither a guilty nor not guilty verdict. The priors of the case remain as a matter of public record and historical documentation.  If I were a magic 8 ball my response regarding Tibor Kovacs and his place on the count would be something like this, “Reply hazy try again later”. I don’t know the details of what’s going on in this pissing match but obviously there’s something rotten in the state of Denmark and I don’t know who’s good or who’s bad.

Now I hadn’t been keeping up with this specific case, there’s a huge pile of them in the criminal count, though I am more than happy to give updates and corrections when things are taken care of in a civil manner. Seriously that update was an email from one of the involved parties and said, hey you might be interested in seeing this. It was two different news articles detailing the update which I then reported. It was polite, they understood the value of not being confrontational, providing information and letting people arrive at their own conclusions.

How not to become my friend.

When something like the following hits my inbox, I am less than pleased and even more specifically less than inclined to converse directly with said individual and instead promptly seek legal counsel.

Email 1:

From: Tibor Kovacs 
Subject: information removal request

Message Body:
The link:  http://www.the-minuteman.org/2012/09/12/sscc-409-arlington/

is incorrect and highly defamatory!  I request the prompt removal from your website.
Thank you Barron for your cooperation in this matter.

Tibor Kovacs

--
This mail is sent via contact form on The Minuteman http://www.the-minuteman.org

Semi-polite but obvious legal threat. My father didn’t raise no fool, I was raised in a house filled with law books by a man with a Juris Doctorate. I know the basics and I know when to shut my mouth and not deal directly with someone.

So I contact a law-smith on the subject to get the extra ins and outs and find out that there are numerous reasons this is NOT defamation, that I should not be concerned, and am directed to ignore the email because any response should go through counsel given the obvious threat. Had things been more polite I probably would have been more receptive but using the phrases “incorrect” and “highly defamatory” to a set of quoted statements from a news paper makes me want to dig in my heels. Then a couple days later I get the following into the inbox associated with my domain registration:

Email 2:

Subject: information removal request
Date: 09/26/2014 07:41 PM
From: Tibor Prince <>
Reply-To: Tibor Prince <>
To: [email protected] <[email protected]>
The following link on your website: http://www.the-minuteman.org/2012/09/12/sscc-409-arlington/ is outdated, false and defamatory.
For legal reasons I request the prompt removal of that link from your site!
Thank you!
Tibor Kovacs

I write-up a post and am then directed by my preliminary law smith to just let it die. It will just rile him up and no good can come of it. The law smith states the same as before but that I might start preparing with full counsel for a response letter. Bam, prep the lineup and say I’ll give him one more chance to just let it die.  Well you’re reading this and a bunch of my friends on Facebook were asking me WTF was going on and well here it is.

Email 3:

From: Tibor Kovacs <[email protected]>
Subject: legal request for information removal

Message Body:
Mr.  Barron,

In light of District court decision to obliterate all claimed arrest records, Tibor Kovacs was never 
arrested in accordance with law and Texas Code of Criminal procedure 55.03.  Therefore I respectfully
make the request to remove all such reference to my arrest.  I was also reinstated by the District 
court to my position in light of the false allegation made against me.  

I ask you to stop disparaging my name and jumping on the bandwagon of trashing officers based on the 
barrage of constant complaints we get after arresting thousands of offenders you wouldn't want around 
your family.  It is an ungreatful career and we don't make many friends by arresting people.  Don't be
one that makes our job harder!

Thank you.

Tibor Kovacs

--
This mail is sent via contact form on The Minuteman http://www.the-minuteman.org

I just immediately shook my head and fired off the email to the full counsel. Now he did advise me I could just pull the article, make it all go away and it would cost me less money. I don’t care, at this point with the intimidation behavior I wasn’t budging and I’m more than happy to shell out cash to do the right thing, even if it hurts. Overall from my interactions thus far, Tibor Kovacs seems like a petty tyrant instead of a polite individual. I’m more than happy to stand up when others won’t. As I said on Facebook:

“Barron you can just make yourself feel better by just taking it down and doing what the guy asked.”

“How does me giving a petty tyrant what he wants when I’m in the right make me feel better?”

That seriously was a conversation I had yesterday. It reminded me that I am unique when it comes to principals when compared with many. I am willing to suffer discomfort, pain, and expense purely because of principal. While many would look at me like a fool, I feel more physically upset at doing the wrong thing to make my life easier than it is just doing the right thing.

Many people often wonder how they will react in a trying situation. There are many more who later on regret their decisions.

I do not have to wonder. I am glad to say I have yet to ever regret a decision or action I took that I believed to be the right thing to do. Even when doing the right thing worked against me.

That’s why I just dropped 6 bills with the potential to spend more on something I could just make go away by pushing a delete button.

#‎CharacterCounts, especially when the other guy doesn’t appear to have any.

I had done some searching and couldn’t find any record of the District court decision, however my lawyer was more than happy to fill me in on TCCP 55.03. It is an expungement of the arrest from the courts, nothing more. It is not a finding by a judge of not-guilty with prejudice, it is merely clearing someone’s arrest record who wasn’t convicted. Hey, good, that’s the way it should be. If asked in a legal setting if you were arrested you should be able to say no if you weren’t convicted. I know better than anyone, I have two felonies that follow my ass around I was never convicted for.

I however did not and do not run around like a 5 year old screaming at people who wrote news articles and commentary at the time.

Seriously this behavior spinned me into a world of pissed off and is the absolute wrong way to approach me correcting information in the count. Doubly so since he waited until email 3 to even present any of the information above and even then didn’t provide copies of the orders or documentation, I was merely supposed to take his word on the subject.

So my lawyer sent this in response:

So here’s my full summary of the above and interpretation.

Tibor Kovacs may or may not have committed the crimes he was accused of.  While a grand jury failed to indict, that is neither an indicator of guilt or innocence. That does not change the actual history of the case and honestly wish him the best of luck.

That said the behavior of Tibor Kovacs as outlined above implies to me he is a petty tyrant of the exact type I ran the criminal count to highlight. While the original charge may have evaporated his behavior of intimidation and legal threats in an attempt to intimidate me to pull what is quite honestly a 2 year old news article highlights his character quite well. Doubly so since the statement of being willing to interview Tibor Kovacs was sincere and after proofing the letter I also told my lawyer to note I would even allow him to provide a written statement which I would include in its entirety unedited.

It has been one week since this all went down. I have heard nothing at which point I believe Tibor Kovacs does not wish to talk to me or make a statement. If he sees this he is free to say something in the comments on his own behalf and I will publish it unedited. Note the comments are automatically closed after 30 days due to spam. 

Deep down I have a serious issue with scrubbing things or otherwise trying to erase them from history. This to me is the equivalent of asking a newspaper to delete all of the stories relating to the topic. While yes this is the internet and I can make it go away, is that correct with regards to the historical record? 25 years ago people would look up the history of a series of events using microfiche in a library. The internet is the modern day library.

Winning Quote Related to the Subject:

I had many friends text or message me asking what was going on. One friend had a conversation with me that was just epic:

Buddy: So what’s the deal? Someone try to come between you and the last Snickerdoodle?

Me: Basically cop emailed me and tried to intimidate me into pulling down a 2 year old post.

Buddy: WTF? But you’re white.

Buddy: Sorry… someone must have got a pic of us walking to lunch, and said, “That’s him… the “threatening guy” That’s Barron!”

Buddy: Maybe it’s your choice of donut providers…

Well more than just a single quote but frankly after the beginning context the statements were just hilarious. Again, I love my friends.

Additional Observation

There is a much different attitude between Tibor Kovacs and myself; and it is actually kind of disturbing. I am more than happy to talk about my arrest and legal experience despite the fact I think it was complete bullshit. I lay it out in front of everyone and am more than happy to discuss it with anyone who asks. I have nothing to hide, I stand behind my actions that day and while I wish the outcome was different I do not feel I did anything wrong.

Tibor Kovacs is moving to sweep things under the rug, doesn’t want to discuss it, and is yelling at people to try and make it go away. I only have one question on that front, Why? My conscience is clean and I don’t give two shits about that case because there’s always two sides to every story and I’m more than happy to make sure people hear mine.

Lastly the woe is me, people hate me for doing my job, so on and so forth. Here’s the thing Mr. Kovacs, I don’t want you anywhere near my family just as I don’t want a violent felon around them. You have this badge which you seem to think grants you extra rights and immunities and while I can shoot a felon attempting to harm my family without fear of reprisal, the same can not be said for a thug with a badge. Your attitude and behavior in directly interacting with me doesn’t indicate that you’re an honest man with a badge but a thug. Like any brotherhood though, your brothers will circle the wagons even if you’re totally in the wrong. Taking all that into account I’d actually rather have the violent felon around them, at least then I could perforate them and be assured a equitable and fair investigation into what happened.

*TL;DR:

Stolen as a direct quote from a buddy:

well, here’s the deal:  if he were 1) not a dick, 2) didn’t pull the “woe is the life of a cop” card, or 3) actually provided some evidence on his behalf, then it’d be reasonable to at least ask you to add some extra info to let people make their own grown up decisions.

It should also be noted that picking a fight like this is never a good idea if your objective is to suppress information. Your best bet is to just ignore it and let it fade into obscurity. That page in its entire existence has had a whole whopping 57 views as of the time I wrote this article. Now that number is likely to go up given another post referencing it, especially with the threat of legal consequences. Behavior like that attracts attention, just ask Barbra Streisand.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

I love my friends…

So yes I’ve been slacking on blogging. Too many irons in the fire and frankly writing on the blog is getting the short straw.

But I have to give a shout out to a friend of mine that is working a case that just makes my heart sing.

Mark Barnhouse filed a civil suit April 1 in U.S. District Court seeking more than $100,000 in damages stemming from the incident. Barnhouse is represented by Moscow attorney Jefferson Griffeath.

The complaint claims that when Barnhouse’s wife was stopped by Coeur d’Alene police officers for failing to use a turn signal, Barnhouse, a passenger, was “unlawfully arrested, seized, assaulted, and battered” by officers over a glass bottle of root beer.

I’ve been friends with Jefferson for a while now and am unbelievably happy for him with this case. He’s been working his ass off to get his practice going and it appears, ever so slowly, to be paying off.

If you need a Lawsmith and you’re in Idaho, hit up my buddy Jefferson.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

SSCC–Hancock County

Six years ago, Assistant District Attorney of Hancock County, Maine, Mary Kellett, used the awesome power of the state on behalf of a woman who was seeking custody of her two children. Ligia Filler was afraid that, in her impending divorce from husband Vladek Filler, she’d lose custody of her children. She was right. Ligia Filler did lose custody of her children for the good and sufficient reason that she was a mentally unbalanced woman with a propensity for harming the kids. When it came to it, the Hancock County family court had no trouble deciding who was the better parent and awarded primary custody to Vladek.

What the family court and child welfare workers recognized – that Vladek Filler is a fine and loving parent and that Ligia is a danger to herself and her children – escaped Mary Kellett completely. Or, it may not have escaped her; she may have seen it clearly, but went to bat for Ligia anyway. If the latter, she not only used the power of her office to hound an innocent man, but she used it to attempt to keep innocent children in an abusive environment. Whatever she knew, it seems clear that Mary Kellett acted on the basis of a misandric worldview. This is a woman who seems to use state power to conduct personal vendettas against men. The Filler case is far from the only one in which this tendency has apparently come to light.

Go read the whole story.  It honestly makes me sick.

State Sponsored Criminal: Mary Kellett

Because when you’re a prosecutor and you purposely violate rules and ethics of the bar, you get a suspension which is then suspended.  Punishment, who needs it when you’re the state!

via Rob H.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

SSCC Hancock

A prosecutor from Hancock County admitted Monday morning to a state supreme court justice that she violated rules of the Maine Bar when she prosecuted a former Gouldsboro man on gross sexual assault and misdemeanor assault charges.

Mary Kellett, assistant district attorney for Hancock County, appeared Monday before Justice Ellen Gorman after the Maine Board of Overseers of the Bar recommended late last year that she be suspended. A board grievance panel met in Bangor last fall to consider a misconduct complaint filed against Kellett by Vladek Filler and determined that Kellett had violated seven bar rules in handling Filler’s assault case. The board’s recommendation that Kellett be suspended is the only such recommendation that board staff can recall for a prosecutor in Maine, according to Jacqueline Rogers, executive director of the board.

What is the cost to this woman for committing this misconduct and ruining a mans life?

Fisher said the Attorney General’s Office and the bar’s attorney agreed that Kellett could face a 30-day license suspension, but it would be suspended with a requirement that she complete six hours of training in prosecutorial ethics, in addition to training she is already required to complete.

Here’s a listing of the findings by the panel:

After last fall’s grievance hearing, the panel determined that Kellett violated bar rules by:

• Engaging in conduct unworthy of an attorney.

• Engaging in conduct prejudicial to the administration of justice.

• Failing to employ reasonable skill and care.

• Failing to make timely disclosure of the existence of evidence that tends to negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment.

• Suppressing evidence that she had a legal obligation to produce.

• Assisting the state to violate the Maine Rules of Criminal Procedure and the court’s order.

• Employing means that were inconsistent with truth and seeking to mislead the jury.

Ends up the guy was still convicted at his second trial but what if he hadn’t been?  6 hours in a class for a case that he has spent 3 years in prison for already?  They may claim it isn’t the norm, but honestly doing it the first time is the hardest, after that you know you can get away with it.  You either work ethically, do your job and due diligence, or you don’t.  You don’t magically get a pass because, “Well this was the first time.”  Well sorry but that’s someone’s life you’re messing with and if you can’t be responsible enough to do the job right, you have no business wielding that power.

I wonder if there would be such leniency if these acts had been committed by a defense attorney and not a prosecutor.

State Sponsored Criminal: Assistant District Attorney Mary Kellett

Because the rules of the Bar are for everyone else.  Just because a prosecutor who’s unethical can ruin a mans life doesn’t mean they should be held accountable when they’re caught being.

h/t Rob Halvorson

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

SSCC Oklahoma County

The Oklahoma Supreme Court has suspended a former prosecutor for misconduct in gaining capital murder convictions of two men nearly 20 years ago; the court declined a recommendation by the state bar association that he be disbarred.

Robert Bradley Miller, former assistant district attorney for Oklahoma County, was suspended from practicing law for 180 days and ordered to pay more than $12,800 in court costs, the Associated Press reported. Miller faced a slew of charges by the bar, and the high court winnowed some of them.

The story is down right depressing.  When you are looking to end someone’s life, there is no room for error and no room for misconduct.  The bar association was correct in their assessment in my eyes.  I guess the court prefers to protect their corrupt officers of the court.

State Sponsored Criminal: Robert Bradley Miller

Because who needs to be ethical when if you win they’re going to be put to death right?  What difference does it make?

h/t Rob Halvorson

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

SSCC Murray County

Corruption so dense it’s like steel.

State Sponsored Criminal: Bryant Cochran

Because when you’re a judge, you can rule however you like meaning you can manipulate women.  And if they come forward, you just work to destroy their families under the weight of the law.

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

Accountabilibuddable–Edgar County

Well this put a smile on my face though I want to see some jail time go along with it.

The Illinois Supreme Court, on May 23, 2013, filed the opinion on former Edgar County State’s Attorney Michael McFatridge v Lisa Madigan. This case involved McFatridge, and whether the taxpayers were responsible for his litigation expenses after being sued in the course of his official duties.

This opinion means that the State of Illinois is not responsible for McFatridge’s attorney fees as the AG had determined the suit against him involved allegations of acts or omissions of intentional, wilful, or wanton misconduct. Since these civil suits were settled before coming to trial, there is no court or jury to determine that the actions of McFatridge were not of intentional, wilful, or wanton misconduct.

Given the power of a prosecutor he should be held personally accountable and it should take a court of law to prove his that he was acting in the interests of the state in good faith.  When you do something that breaks the rules, you should pay, not the tax payers.

h/t Rob Halvorson

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.

Quote of the Day–Phil Locke(6/3/2013)

Prosecutorial misconduct.  Well folks, this one is a hot button of mine.  Ask the average citizen, and they are totally unaware that such a thing ever happens.  After all, prosecutors are honorable people who are committed to ethics, justice, upholding the law, and to helping protect the public by ensuring that the  ”bad guys” are sternly dealt with, and if necessary, isolated from society, or even put to death.

Phil LockeProsecutorial Misconduct – What’s to be Done? A Call To Action

May 20th, 2013


[Yup, many seem to think prosecutors are some how infallible or some how looking out for the best interests of society, victims, or any number of things.  They’re only actually looking out for one thing, their careers.  I’ve had numerous other people come into my life recently who have had their own experiences with the local prosecutor, not to mention a run in from the prosecutorial side.

Nothing says stand up guy than saying there’s not enough evidence to pursue charges against someone for committing a crime even though they posted pictures of themselves committing said crime on Facebook.  *No this is neither a joke or exaggeration.  A man broken in and vandalized a property and took pictures of himself trespassing on said property as well vandalizing it.  The response of the prosecutors office was, “Not enough evidence to prosecute.”*

Remember that the next time you think the law will somehow provide justice.  Because as I’ve said before, “there is no correlation between the law and justice”.  Not to mention the prosecutorial motto, “It takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.”

This is a reminder of why I like my buddy Mike Jefferson so much. –B  ]

via Rob Halvorson…

Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he’s merging his love and knowledge of computers and technology with his love of firearms.

He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he’s worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.