Judge hears audio of Hurst shootout

Posted Wednesday, Jan. 25, 2012 0 comments  Print Reprints
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FORT WORTH -- As James Michael Tesi lay on his garage floor, wounded in a shootout with a Colleyville police officer, he told another officer that he had been defending himself from a kidnapper.

Tesi and Warrant Officer John Fossett had exchanged at least 15 shots as Fossett tried to arrest Tesi on three Colleyville warrants.

As recorded on a Keller police officer's shoulder microphone, the officer said to Tesi, "You pulled a gun."

Tesi, who lost some teeth when he was shot in the face, responded, "I can't help it. He kidnapped me."

The recording was played Tuesday in 297th state District Court, where Tesi is on trial on a charge of aggravated assault of a public servant. Fossett was not injured in the July 21 shootout.

That recording and video from the Keller officer's dashboard camera, in addition to audio-video from a Colleyville police officer's vehicle, was played without the jury present. Tesi's attorney, Ronald Hardin, objected to having the recordings introduced into evidence.

State District Judge Everett Young is expected to rule today whether jurors will hear them.

Tesi has claimed in multiple civil court filings that he is a "sovereign citizen" and not subject to local, state and federal laws.

In the audio recordings, Tesi, Fossett, the responding officers and ambulance personnel can be heard, but not every word is clear.

Tesi was obviously in pain. He is told to "stay still. Moving around will make it worse."

At another point, Tesi said Fossett "shot me for a traffic ticket."

That ticket, for speeding, was issued in December 2010 in Colleyville not far from Tesi's home in the 600 block of Bear Creek Drive in north Hurst. When Tesi refused to produce a driver's license, he was arrested on an outstanding traffic warrant from Arlington over an unpaid ticket for not wearing a seat belt.

Tesi was released from jail a few hours later with instructions to appear in Colleyville Municipal Court. Under questioning by Hardin, Fossett described Tesi's appearance in Municipal Court as "confrontational." He said he had to yell at Tesi because Tesi was "talking over the judge."

Hardin's questioning raised the issue of Tesi's appeal of his traffic fines. Hardin asked Young to rule on the validity of Tesi's appeal document. In the past, Tesi has acted as his own attorney to file court claims that he is not subject to local, state or federal laws. Tesi wrote his appeal filing.

The trial is scheduled to resume at 9 a.m. Prosecutors Jim Hudson and Dawn Ferguson have indicated that they plan to call more witnesses.

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