Attached to the walkway leading to James Michael Tesi's front door in north Hurst is a sign that reads, "Posted Private Property. Hunting, Fishing, Trapping or Trespassing for any purpose is strictly forbidden. Violators will be prosecuted."
But Tesi had an unexpected visitor July 21 when Colleyville police officer John Fossett followed him to his two-story brick house. A warrant officer for Colleyville, Fossett had recognized Tesi driving and knew a warrant was issued for him from Colleyville Municipal Court.Tesi parked his vehicle in the garage that day, police reported. Fossett, who was in uniform, stopped his car at the curb in front of Tesi's home. Tesi came out of his garage with a weapon and fired. Fossett returned fire. In the end, Tesi was wounded in the face and foot. Fossett was not hit.Tesi, 49, was arrested by Hurst police. A Tarrant County grand jury initially indicted him on a charge of attempted capital murder. Last week, however, a spokeswoman for the district attorney's office said the "state has decided to proceed on a charge of aggravated assault on a public servant."The first-degree felony is punishable by up to life in prison and a $10,000 fine.Jury selection begins today in 297th District Court before Judge Everett Young. Testimony is expected to start Tuesday.Fossett declined to comment for this article. The district attorney's spokeswoman said Tarrant County prosecutor James Hudson would also have no comment on the case.Tesi, who has been out of jail on $250,000 bail, was not available at his home recently for comment. A man who identified himself as Tesi's father said his son "has not talked with anyone."Tesi's attorney, Ronald Harden, could not be reached for comment.In previous filings in municipal and civil courts, Tesi, who also identifies himself as "James Michael; house of Tesi" and "James Michael Joseph; house of Tesi El," has declared that he is a "sovereign citizen" and is not subject to man-made laws.Acting as his own lawyer in previous cases, his motions and arguments have often been made with legal-sounding citations of Supreme Court cases, Admiralty Court decisions and obscure references to the Uniform Commercial Code, similar to arguments made by others in the "sovereign citizen" movement. Sovereign citizens claim they are subject only to common law and do not recognize federal, state or municipal statutes as applying to them.Those in the sovereign movement also say they do not believe in U.S. currency.In 2009, Tesi became entangled in a civil case involving an attempted foreclosure on his Hurst home after he tried to pay off his mortgage using what Missouri authorities say were fraudulent bonds issued by a man who is also involved in the sovereign movement, court records show. That man was recently convicted of creating false financial instruments.Legal problemsWhat began as a traffic citation issued to Tesi for not wearing a seat belt eventually led to the shootout in Hurst.On Feb. 23, 2010, Tesi, an occupational therapist, was stopped in Arlington for the seat-belt violation and was fined $244.15. When he failed to pay, a warrant was issued for his arrest.On Dec. 20, 2010, Tesi was stopped by the Colleyville police for allegedly speeding on Precinct Line Road. When he refused to produce a driver's license, he was arrested on the outstanding traffic warrant from Arlington. He was released a few hours later with instructions to appear in Colleyville Municipal Court.In fighting those traffic tickets, Tesi argued that he did not have any assets."I am not saying I do not have property," he says in one court document, "because I do have property, but the property I have is not an asset, and I have no income or expenses because I am not a US citizen, 14th Amendment citizen, corporation, or other fictitious entity as defined by your current and FRAUDULENT Fourteenth Amendment."Before these issues with the local police, Tesi had been in court over his Hurst home. In 2009, he sued his mortgage companies after they wouldn't accept "bonds" issued by "The Private Bank of Denny Ray Hardin" to pay off the balance of $34,823.44 on his mortgage. Court documents indicate that he was facing foreclosure.During that case, which went on into 2010, Tesi declared in one of his many filings that he was firing U.S. District Judge Terry Means."This Court and all officers of this court have no right to presume anything about Me, the Demandant," he wrote in one court brief, "except that I am a sovereign living soul, unimpaired by any contracts (sui juris), and I have complete and total access to all of My God given common law rights. Therefore, YOU Terry R. Means are FIRED!" He then goes on to fire the attorneys representing the mortgage companies in the case."This is the real Law," Tesi says of the Texas Republic of 1840 in one court-filed document.Tesi also claimed that his house in Hurst is a "private Texas Land Patented Property," and on his brick mailbox is a plaque stating, "Notice, Texas Land Patent No. 362 Vol. 13." Just above it is another sign that reads, "A Rollin Stone."To support his case, Tesi submitted an affidavit from Hardin saying the mortgage was paid in full by the bonded promissory note that Hardin had ledgered as a private banker. Hardin, of Kansas City, was convicted in September of 10 counts of mail fraud and 11 counts of creating false financial obligations related to such bonds. He is awaiting sentencing.Despite Tesi's "firing" of the judge and opposing attorneys, Means dismissed the federal lawsuit in August 2010.Now Tesi faces another judge and jury in a case with more serious consequences.Researcher Cathy Belcher contributed to this report.Have more to add? News tip? Tell us
