'Sovereign citizen' sentenced to 35 years for shootout with Colleyville officer

By Steve Norder

snorder@star-telegram.com

FORT WORTH -- A Tarrant County jury sentenced James Michael Tesi to 35 years in prison Wednesday for shooting at a Colleyville police officer who was trying to arrest him.

As the jury's decision was read, Tesi, seated between his two attorneys with his head bowed, quietly recited something. Some of his relatives wept.

Tesi was initially indicted on a charge of attempted capital murder, but Tarrant County prosecutors decided instead to take him to trial on a charge of aggravated assault on a public servant with a deadly weapon.

A jury found him guilty of that charge on Tuesday, after about 2 1/2 hours of deliberation. The jury deliberated nearly two hours on Wednesday before handing down the sentence.

Jurors could have sentenced Tesi to five to 10 years, with a possible recommendation for probation, or more than 10 years to life without the chance for probation.

Defense attorney Ronald Harden asked the jury for a sentence of five years with probation. Prosecutor Dawn Ferguson asked for 20 or more years in prison.

Ferguson described Tesi as a "ticking time bomb" after his arrest by Colleyville police Dec. 20, 2010.

"James Tesi was not going to follow the law," she said.

That arrest led Tesi, 49, to write to the Colleyville police stating his intention to not be arrested again.

So when warrant officer John Fossett tried to arrest Tesi on July 21 on outstanding warrants, the two engaged in a 15-second shootout, exchanging at least 15 shots. Tesi was shot in the leg and face; Fossett was uninjured.

Ferguson said Tesi fired six times.

"That was six attempts to take an officer's life," she said. "Here in Tarrant County, in the state of Texas, we are not going to allow people to shoot at officers."

She said the jury should send a message to Fossett and all other officers in Tarrant County "that we respect what you do."

In making his request for a five-year sentence with probation, Harden put on the stand six character witnesses, including occupational-therapy co-workers, neighbors from Tesi's block in north Hurst and his fiancee.

"Look at the kind of work that he does," Harden said. "He has been involved in helping people all his life."

The shooting lasted only 15 seconds, Harden said. "We are talking about 15 seconds that will alter the rest of [Tesi's] life."

Katie Roberts, Tesi's fiancee, has also worked with him as an occupational therapist. She said that he is "a very good person" and that people he has helped "say good things about him."

Roberts also said that Tesi might not be able to work as a therapist because of his shooting injuries but that she could ensure he is employed by having him do paperwork.

Other co-workers also described Tesi as a "caring person." "He's a great guy," one said. "This was a total shock."

Friends and neighbors were asked whether they knew about Tesi's political views.

Tesi has described himself in various civil court filings as a "sovereign citizen" and a member of the Moorish National Republic.

Fred Custer, a physical therapist and friend, said that while Tesi had mentioned his beliefs, "talking a little bit about the Republic of Texas and history," Tesi always "struck me as being a law-abiding citizen."

Based on the comments from the character witnesses, Harden said, Tesi's "opportunity for completion [of probation] is high. The opportunity [that Tesi will] offend again is low."

After the jury was dismissed by state District Judge Everett Young, Harden moved to have the guilty verdict thrown out and called for a new trial.

He said a juror was influenced in the verdict when the juror's employer threatened to fire the juror for missing work during the trial.

Young said he wrote a letter to the employer.

Harden also asked Young to overturn the verdict "based on the preponderance of evidence" that Tesi was not guilty.

Young denied both motions.

Harden later said that he is sure Tesi will appeal but declined to say anything more about the case.

Prosecutor Jim Hudson said in a post-trial statement that "it's OK to have beliefs, but you don't commit crimes in the name of those beliefs. You don't get to pull a gun on a police officer over a traffic ticket."

The jurors found Tesi guilty based on the evidence, Hudson said.

During their deliberations, they asked to see Tesi's letter to the Colleyville police, the eight-page document he kept in his vehicle explaining that he did not have to have a driver's license or auto insurance, the dispatcher's audio recording of the July 21 event and photographs of Tesi's garage.

"I can only draw the conclusion that they didn't have much trouble finding him guilty," Hudson said.

"They were not interested in what the defense offered as evidence."

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