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]

 

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.

Quote of the Day – Jeff Colonnesi (8/19/2014)

There is a serious problem that needs to be addressed in this country when infant gas masks are a reasonable part of emergency supplies, for the sole reason that they might be needed for protection against ones own government.

Jeff Colonnesi – Facebook Comment
August 18, 2014


[I have nothing else to add other than Nomex/kevlar blankets might be good for your kid to sleep in too along with a sloped cover for your child’s crib. Otherwise cops might look at it like a basketball hoop. -B]

Quote of the Day – Karl Denninger (8/15/2014)

A very large number of black people aren’t rioters and thugs just like a very large number of white people don’t go around pointing machine guns at people and kidnapping them.  The common thread among all of those who don’t do the nasty things is that they’re not criminals, and have an inherent civil right to resist violence attempted against their person — a right that is constantly under assault by those who do commit the evil acts, whether they happen to have magical blue suits on or not.

Karl Denninger – Let’s (Properly) Rewrite A News Story

August 14, 2014


[First go read the whole thing, it’s absolutely worth it and illustrates one of my biggest problems with law enforcement and how they’re treated. Here’s an illustrative picture of exactly what he’s talking about.

Outrage In Missouri Town After Police Shooting Of 18-Yr-Old Man

K, all read up? Here is another recent incident:

image33

That woman is pointing the firearm at another person, her finger is on the trigger. There is no question that woman is committing assault with a deadly weapon.  However thanks to the fact she’s a police officer in the LAPD this has just been kicked to internal affairs and she will at most get a slap on the wrist.

Think about that for a second. A cop can do this:

checkpointguns3

and it’s perfectly acceptable and OK. Never mind rule 2. Cops evidently are exempt and when they point a gun at someone it is NOT a threat of deadly force, it’s just them doing what cops do. This is NOT acceptable in a free society and should not be tolerated. The problem is, who’s policing the police. That’s right, they’ve made it us vs them and that’s why Ferguson has turned into a battle ground. If I heard there was a militia rolling that way tomorrow it wouldn’t surprise me one bit.

If you aren’t questioning the militarization of law enforcement compare it now to 20 years ago. This crap needs to stop.

Besides, when cops behave like the above is it any surprise that innocent unarmed people are shot? The rules exist for a reason. -B]

Quote of the Day – William McCormick (8/14/2014)

A valid point Mike. Not a contradiction of mine, but ….I have to say, one of my biggest beefs with the LE community. If you want my respect and consideration, that REQUIRES you to police yourself.

[Emphasis mine]
William McCormick – Facebook comment
August 13, 2013


[This was in reference to an incident by LAPD where they shot and killed a hostage after shooting every last square inch of a vehicle. I don’t know all the details of said shooting. I do know if I shot an killed an innocent person while trying to defend myself in such a reckless manner I would be prosecuted for not exercising judicious marksmanship.

Look I get it, some times bad things happen. Problem is just because of your job you shouldn’t be held to a lower standard than everyone else. If anything it should be higher. More importantly that statement above illustrates my issues with law enforcement currently quite accurately. I don’t hate them, I don’t think their all evil. I however have no respect for them as they cannot even keep their own house clean.

Doubly so as we then have people in the Seattle PD who go out and publicly endorse things like I-594, as members of the department. You want to make me a felon for teaching people how to shoot a firearm and I’m supposed to respect you for it? Thankfully WACOPS doesn’t support I-594 and it’s a glimmer of hope, but publicly denouncing that type of behavior goes a long way for the public trust, which at this point is dying. And at least WACOPS isn’t someone doing so as a member of the department but as an organized body. I view this as the equivalent of me stepping up and saying something while claiming to be representative of my employer. Military members are not to make political statements while in uniform, why is it different for the police? -B]

Quote of the Day – Michael Z. Williamson (2/5/2014)

It may be time to start planting claymores instead of tulips.

Michael Z. Williamson – Facebook Comment

February 5th, 2014


[The catalyst was this event.  All I have to say is there is something very wrong in the system and they are not policing their own anymore. -B]

 

Trust and Integrity…

Integrity once lost can never be regained.

Yesterday I made the following comment on Facebook.

Cops will shoot anyone for any reason even if they create or aggravate the situation.

They have been trained at this point to exercise and only use one tool in their tool box.

With how heavily qualified immunity protects them I’ve lost all faith and trust in law enforcement. When a cop can create a dangerous situation unnecessarily, shoot someone, have it declared unjustified in the review and not face a single punishment other than being fired after committing homicide the system is broken.

The article that sparked my mini rant, was this:

Two North Carolina parents are in shock after local police shot and killed their 18-year-old son in their own home, while they watched helplessly.

Now this is not the first time I’ve seen or heard of something like this and it is merely another added to the list.  Not to mention incidents like the Seattle PD incident where the officer didn’t like someone carving some wood, proceeded to close the distance to someone he, as he stated was “armed”, and when the person finally turned around to see who was yelling at him the officer shot him.  The officer claimed the knife was open and that’s why he shot, it was determined however it was in fact closed.

Ultimately that shooting was ruled unjustified however the officer was not charged with any crime because “he was acting in a public capacity” at the time.

One of my friends then posted the following comment on my wall:

“Cops will shoot anyone for any reason…”. Every cop? You knew me as a safe fellow gun owner in college who stood along side you with an empty holster on the campus open carry awareness days. I’d like to think that I haven’t turned into a mindless killer now that I choose to put on a badge and serve the public

Initially the response was just going to be there except this is a serious problem and it’s a matter of trust and integrity, and I’m not going to go completely Kevin Baker this isn’t going to be short.

The problem is the police have no trust or integrity left.  I may trust my friend because I know him and don’t have to worry about him just shooting me because I know him and his character.  The problem is I don’t have that kind of rapport with most police officers, in fact most of them are a blank sheet that I know nothing about.

Just the same when an officer approaches me they know nothing about me, unless they pull me over.  Then they see that I have a concealed weapons permit when they run my license plate.  Fun little thing there is then the officer knows I am generally most likely an upstanding citizen.  Except some officers treat concealed permit holders as criminals because they dare exercise their rights and an immediate threat to the officers safety and everyone else.

But we’re not talking about their perspective, which is interesting since officer fatalities are at an all time low:

The annual report from the nonprofit National Law Enforcement Officers Memorial Fund also found that deaths in the line of duty generally fell by 8 percent and were the fewest since 1959. 

According to the report, 111 federal, state, local, tribal and territorial officers were killed in the line of duty nationwide this past year, compared to 121 in 2012. 

Forty-six officers were killed in traffic related accidents, and 33 were killed by firearms. The number of firearms deaths fell 33 percent in 2013 and was the lowest since 1887.

Yes you read that right, officer friendly is more likely to die in an a traffic accident than be shot by Sumdood.  Interestingly the number of justifiable homicides committed by officers far outpaces that rate, but what is disturbing is the burden of proof for their justification is far less than a citizen who may be found in similar circumstances.  But this is ultimately neither here nor there it’s just an interesting piece of information when viewed in the additional context of the following incidents raises serious concern.

Because what this subject is really about is my perception of officer friendly.  Can I trust him?

All that I have to go on is the fact he’s been issued a badge and a gun by the state.  Neither of which vouches for his character, mental health, competence, or respect for others.  Approximately 1% of police officers will be found to have committed misconduct,  this doesn’t include unreported incidents or incidents where misconduct was likely but could not be proven or the officer was protected through judicial fiat.

Let’s look at the Canton PD incident, because honestly it is a fantastic example of why integrity and trust is being lost and why just because it’s only 1% doesn’t inspire confidence in them.

Officer Harless, while operating as a law enforcement officer and protected as such by qualified immunity,  threatened and harassed people on more than one occasion.  Watching the video that made him famous there is something even more disturbing, the complete inaction of his partner to do anything to protect the victim.  Instead of reigning the out of control officer Roid-Rage in he just sits off to the side and does nothing, silently complacent in the actions of his partner.

It gets better though because lets now investigate the fallout from that incident.  First we had a city council member justifying Harless’s actions and defending him.  That’s right, the out of control behavior was defended by a man elected to represent the public (victim) at large.  He was only brought in for a disciplinary hearing and no charges were filed due to his threats and actions, of which there was a history of misconduct.  He was eventually fired and a minor amount of faith restored as he was at least fired.

Except now the fun begins.  All of his fellow officers banded together to support him and the police union forced the city to hire him back.  This is about that, all those officers were OK with that behavior and the obvious pattern of it.  So much so they forced the government to hire him back and put that man who destroy the trust back in a position of power.  That is how you destroy integrity.

Let’s look back on the whole of the state sponsored criminal count.  There were a lot of very screwed up instances, that the story was darn near always the same.

Nonetheless, she says: “In violation of NISD police department procedures, Alvarado drew his weapon immediately after exiting the patrol car. With his gun drawn, he rushed through the gate and into the back yard. Within seconds from arriving at the residence, Alvarado shot and killed the unarmed boy hiding in the shed.”

Hell, I had created a special tag, “hiding in plain sight“, because I was finding so many school resource officers who were screwing girls in the school.

This boils down to a matter of trust and integrity and honestly the police have lost it.  Due to their job and position they should be striving for excellence and be dealing immediately and harshly with any misconduct.  Instead many officers are intimidated into not reporting misconduct.  This is a problem within the system.  I don’t know how to fix it but it is a problem and it’s destroying the trust and tarnishing any integrity that people see left.

Why should I not be afraid of someone I don’t know who’s been given a badge and a gun by the state and have a free pass to shoot someone one, even unlawfully?  You want to fix this problem, bring the police and the people back into line at the same bar.  The public are the police and the police are the public.  Between the laws and behavior that is no longer true.

If there honestly isn’t a problem, why is there such a high domestic violence rate among police officers?  Is it because many of them are so heavily trained on relying on their use of force to get their way they forget the other tools at their disposal?

I am more fearful of the police than I am of criminals.  I can at least fight back against a criminal.  The police however can kick down my door in the middle of the night, shoot my dog, shoot me, shoot my wife, and then say oops wrong house and they all get a pass.  Why didn’t they just !@#$ing knock on my door and show me the warrant?

Oh the criminal is dangerous and he might destroy evidence.  Here’s a !@#$ing idea then, catch him on his drive to work or when he’s away from the house.  The majority of no-knock warrants are unnecessary and merely used to continue justifying funding.

Do police have a right to go home safe at the end of the day, sure, but they have no more of a right to that than the people they serve.  Honestly in signing on the dotted line, they sign on for the additional risk their job brings.  If they can’t handle it they need to go work someplace else.

Shooting a grandfather in the back while he’s lying on the ground isn’t acceptable, neither is shooting a little girl in the face, or shooting a child’s dog in a cage in front of the child.  The people aren’t the ones creating this attitude, it’s the actions and behavior of police officers.  If they want the support and trust of law-abiding citizens, they need to earn it.  Letting incidents like this happen on a regular basis without the uproar of other officers just makes them all complicit.

They are also consistently exempt from laws that are applied to the rest of the general public, that is not acceptable and is yet another example of Tyranny, and the police are happy enough to enjoy it.  Again, destroying trust, faith, and integrity one step at a time.

The actions and behavior of the police have created this rift and it’s going to take them changing their behavior to fix it.  Even then it will take a long period of time.  They need to collectively step up to the plate push out the corruption, embrace the suck and ensure that laws are applied equally across everyone, including themselves.  If some officer says, high capacity magazines should be outlawed, he should be planning on surrendering the ones from his patrol car, his house, and his locker as well.

A man of character will stand up and do the right thing, even if it hurts him personally.  I do not see men of character in law enforcement.  I see a group of men, some of whom are corrupt, but overall who operate as a “brotherhood” and will defend their brother even if he has done something wrong.  Brotherhood serves a purpose, but there’s a point where character should take over.