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.

Quote of the Day – Darrell Issa (9/25/2014)

Eric Holder is the most divisive U.S. attorney general in modern history,… by needlessly injecting politics into law enforcement, Attorney General Holder’s legacy has eroded more confidence in our legal system than any attorney general before him.

Darrell Issa – Quote to Fox News on Holder Stepping Down
September 25, 2014


[Nailed it and I have nothing else to add other than Christmas came early. -B]

 

An Interesting Jury

Things are bad and they’re only getting worse.  Many run their lives from an apathetic point of view.  If it doesn’t directly affect me it isn’t my problem.  There is a problem with that though, it does affect you, it affects everyone.   It is an erosion of your personal liberty whether you want to currently exercise that choice or not.

It is time to start standing up.  It is time to force your voice to be heard.  Neither party cares about liberty or freedom.  They care about money and power.  They have been slowly turning up the heat so they can steal more money and more, it’s time to jump out of the pot.

I remind you of this great document.  It reminds of of not just our rights but also our responsibilities in such matters.  Are you OK with standing in front of that jury?

SSCC–Auburn Washington (My Home Town)

Former Auburn police officer John Michael Clemmons pleaded guilty in King County Superior Court Monday to assault for fondling a woman during a traffic stop.

Go read the account.  This pervert that received state protection and exemption.  Of course his fellow officers were there in a show of support, because heaven forbid they stand up for the people they’re sworn to protect when it’s their own abusing them.

State Sponsored Criminal: John Michael Clemmons

Because when you’re a cop, you can cop a feel of whoever the hell you want and if they fight back it’s assaulting a police officer.

SSCC Slaton

Slaton police came to this woman’s house, who wishes to remain anonymous, to arrest her son. But by asking one simple question, she found herself behind bars instead.

“I told him, ‘I will release my son to you upon viewing those orders.’ Those were exactly my words,” The complainant said. “He said, ‘This is how you want to play?’ He took two steps back, turned around to the officer and said, ‘Take her.’ They turned me around, handcuffed me, and took me in.”

Well she had good reason to ask…

The complainant said she was aware police would be coming to apprehend her 11-year-old son based on a criminal complaint, and that she just wanted to see the warrant. As it turns out, that warrant didn’t exist. She spent the night in jail while her son was left at home.

So basically they made her spend a night in jail for exercising her legal rights and protecting her child’s rights as well.  The biggest clue those officers f’d up?

McDonald said the Slaton Police Department will issue an apology as long as the mother agrees not to file a lawsuit. He said unless she is compensated for her expenses and the trauma she’s been through, a lawsuit won’t be out of the question.

I hope she doesn’t.  That is a textbook case of wrongful arrest and deprivation of rights under color of law if I ever saw one.

State Sponsored Criminal: Officer John Doe of the Slaton Police department

Because heaven forbid someone actually verify your legal authority to do something.  They need to follow orders blindly and just throw away their rights!

SSCC: LAPD

Los Angeles County prosecutors say a former police officer has been sentenced to 19 years in prison after pleading no contest to sexually assaulting five women while on duty in 2006 and 2007.

A district attorney’s statement says Ryan Allen West entered the plea Tuesday to five felonies including two counts of rape and three counts of penetration with a foreign object.

Remember though, these men should be allowed to be armed while you are forcibly disarmed and the act of defending yourself against them automatically a felony.

State Sponsored Criminal: Ryan Allen West

Because when you’re a cop, you get the authority of the state behind you and a gun on your hip while your victims are just allowed to cower in fear.

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…

SSCC Virginia

While testifying in the murder case of Brandon D. Cooper, state witness Nicole Byrd said that she saw Cooper running down the street after fatal shots were fired at Antwon D. Freeman. The state did not disclose to Cooper that they had a tape recording of Byrd telling a 911 operator that she “had not seen the shooter and had no information that would be helpful to police.” In fact, prosecutors told defense counsel that the 911 call “offered nothing that would help their case.”

I’ve made comments before about good and great prosecutors.  The bottom line is these men can withhold information and otherwise ruin the lives of honest men merely because they some how get caught in the gears.  While it can happen, actions like this are grossly negligent and speak volumes to the character of the man holding the position.

But it gets better:

On top of that, prosecutor Christopher Jones admitted before Judge Bradley B. Cavedo of Richmond Circuit Court that information showing one of their witnesses was a police informant was also withheld from the defense. Jones joined defense counsel to ask for a new trial. Judge Cavedo granted the motion yesterday, but did not prohibit the state from trying Cooper a second time. David P. Baugh, an attorney for Cooper, said that Jones committed a “classic ethics violation” and that he would file a bar complaint against Jones if the Court does not.

Sounds like a really nice guy huh?  Yeah it just gets better.  Flip over and read the whole steaming pile if you want to.  I suggest stashing the sharp objects.

State Sponsored Criminal: Christopher Jones

Because when you’re a prosecutor all you need to do to destroy someone’s life is be a little unethical, then the state will destroy them for you.

h/t Rob H.