FORT WORTH -- Colleyville police officer John Fossett says he feared for his life last July as he exchanged gunfire with James Michael Tesi at the man's Hurst home. But he said he does not know who fired the first shot.
"My life was in danger," Fossett told a Tarrant County jury Tuesday.It was the opening day of testimony in Tesi's trial on a charge of aggravated assault of a public servant. The first-degree felony is punishable by a maximum sentence of life in prison.Tesi, who has claimed in multiple civil court filings that he is a "sovereign citizen" and not subject to local, state and federal laws, sat between his two attorneys in 297th state District Court, occasionally taking notes.Before Fossett got on the stand, a Hurst crime-scene investigator testified that a total of 15 shell casings were found in the garage and driveway of Tesi's home in the 600 block of Bear Creek Drive.Fossett, a warrant officer for Colleyville, said he was in his marked police vehicle on the morning of July 21 when he saw Tesi's red Ford Ranger truck about to pull out on Precinct Line Road in Hurst. Fossett said he turned around, called for backup, then followed Tesi, intending to arrest him on three outstanding warrants related to a traffic stop seven months earlier.But Tesi pulled into a business parking lot, circled to the back and sped back to Precinct Line Road. Fossett turned on his flashing lights but said the car's siren did not work.Tesi drove all the way to his Hurst home, pulling the truck into his garage. Fossett stopped at the end of the driveway.As he approached the open garage door, Fossett said, his weapon in the "ready position," he yelled, "Police, you're under arrest."Tesi was sitting in the driver's seat with the door partially open. When the door opened wider, Fossett said, he saw that Tesi had a gun."I told him to drop the gun," Fossett said. "He did not drop it. Instead, he picked up the gun, pointed the gun. The business end, the barrel, was pointed at me."Fossett said he does not know who shot first."I felt my life was in danger," he said. "I had to react. I had to do something."Tesi was sitting in the truck's cab as he fired, stretching his arm across his body to point the weapon, with one leg extended holding the door open, Fossett said. Fossett then demonstrated how he leaned back against the side of the bed of the truck to return fire.Fossett said he didn't have a clear shot at Tesi, but a shot hit Tesi in the leg. Fossett backed out of the garage to find cover behind another vehicle in the driveway. After another exchange of gunfire, it became quiet.Tesi, who also was wounded in the face, dragged himself to the end of the garage and tried to get along the passenger side of the truck.But he no longer had his weapon. Fossett said he went to help Tesi.Earlier, the jury heard the 911 tape from the shooting."Shots fired, shots fired," Fossett yelled."Throw the gun out," he is also heard saying on the tape.A short time later, he said, "Send Hurst police over here. Subject has been shot, need ambulance."Court adjourned for the day before Fossett was cross-examined by Tesi's lead defense attorney, Ronald Hardin.Earlier, prosecutor Dawn Ferguson, who is trying the case with Jim Hudson, outlined the case for the jury of seven women and four men, and called two other witnesses -- Christine Sanders, a 911 dispatcher; and Hurst police officer Ryan Rider, who was the crime-scene investigator.Rider testified that he found six shell casings from Tesi's .45-caliber gun and nine from Fossett's .40-caliber service weapon. Hardin questioned Rider about where the casings were found, raising questions about the location of each man during the exchange of gunfire.Hardin also questioned Sanders regarding whether Fossett had confirmation that there were active warrants for Tesi's arrest.Hardin told state District Judge Everett Young that his questioning of Fossett could last four hours.The trial is scheduled to resume this morning.Have more to add? News tip? Tell us
