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http://tdtnews.com/index/news/show/93204?title=Soldier+faces+legal+battle+over+gun:+Concealed+gun+license+holder+brought+weapon+into+hospital

BELTON � A 29-year-old Fort Hood soldier, a nine-year veteran with three deployments to Iraq under his belt, is refusing what most would consider a generous misdemeanor plea offer made after he was charged for carrying his personal gun into Metroplex Hospital in Killeen.


Following a pre-trial hearing Friday, during which a trial date was set for Dec. 3, Staff Sgt. Nathaniel Sampson said, �I�m not going to take the plea because I didn�t do anything wrong.�


Furthermore, Sampson wants his gun back and the charges dropped.


The troubles for Sampson started early in the morning on March 30 when he went to Metroplex to visit his then-girlfriend, now-wife, Mollie Sampson, who the couple said had just been taken from their home by ambulance after she had an adverse reaction to a mix of alcohol and headache medicine.


Mollie Sampson said Friday that she didn�t remember what medication she had taken but the reaction left her trembling, unable to stand and with a dangerous blood pressure reading.


Both insist there was no violence involved. They say Mollie simply drank too much that night and mixed it with a drug that caused a reaction that scared them.


A police report used to charge Sampson with carrying a concealed weapon into a hospital indicates that the couple drank four bottles of wine together.


Sampson said his wife drank heavily that night, but he stopped hours earlier after only 4 ounces because the wine �tasted like sand and water.�


When the incident happened, Sampson said he was the privately owned weapons liaison for his battalion, or the soldier charged with explaining Texas handgun laws to other soldiers who might have questions.


Following his arrest, the military stripped Sampson of that responsibility, but he is still able to recite the concealed handgun code with unusual recall, as he did Friday after his pre-trial hearing.


Sampson, as was his custom just about every time he left his home, secured his handgun to his side and headed for Metroplex on the night his wife had the reaction.


He knew certain hospitals in the state ban private gun owners, concealed weapons permits or not, from bringing guns inside the facilities. He said he checked the entrances of Metroplex for signs warning against carrying his gun inside, and, finding none, entered.


�There are still no signs,� said Sampson�s attorney Kurt Glass, a retired Army veteran.


Once inside the hospital, Sampson was approached by an officer who had responded to the call at his house less than an hour earlier.


The officer spotted a bulge in Sampson�s clothing. He and a security guard then took possession of Sampson�s Springfield 1911 TRP and arrested Sampson even though he says he was reciting to them the law that allowed him to carry it.


Sampson said he gave detailed instructions that would have allowed the officer to easily find the law on the Internet using his smartphone, but instead of acknowledgment by the officer of a possible error, Sampson said he was handcuffed and lead away from the hospital.


Prosecutor Ken Kalafut said Friday that the officer had warned Sampson while at his home that if he came to the hospital he should leave his weapons at home.


Sampson disputes that, too.


�He was worried my wife was a suicide risk and warned me not to have weapons near her in the home,� Sampson said. �I told him his fears were outrageous, that she was drunk and took something for a headache that was affecting her.�


Sampson said he willingly complied with everything that was asked of him at the hospital and did not create a disturbance.


The police officer reported smelling alcohol on Sampson�s breath, but Sampson said a test to determine blood-alcohol content was never administered.


The charge Sampson faces is a Class A misdemeanor punishable by up to a year in jail and a fine of up to $4,000.


Glass said Sampson rejected a plea offer that would have required him to pay a $100 fine and court costs and forfeit his weapon.


�That�s a $2,000 gun that was a gift from my wife after my last combat tour,� Sampson said. �I�m not giving that up.�


On Wednesday, the sides were at an impasse with a trial date set for Monday when Kalafut amended the charge to include a designation that alleges Sampson was intoxicated while in the hospital with his gun, a clear violation of the concealed handgun law.


�It strengthens our case,� Kalafut said. Potential jurors could choose between either charge to convict Sampson, if, based on evidence, they believe one or the other is true, he said.


Following the mid-week filing just days before trial and months after the initial charge was filed, Glass, who believes the case should be thrown out, said, �I definitely think there�s an anti-gun agenda.�


Sampson said he believes his second amendment rights are being attacked and vows to keep fighting.


With the resolution of the case pending, Sampson has orders to move to Fort Leonard Wood in Missouri later this month. It�s unclear at this point whether the Army will allow him to leave and come back for a trial or if he will stay at Fort Hood until the case is resolved.


�I know most people would shut up and roll over,� Sampson said. �I�m not going to do that. I didn�t do anything wrong.�

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2 sides to every story, but if true a bunch of bullshit, and give it to a Belton jury for sure. They'll never side with the the LEO agency, they'll side with the soldier every time. IMHO.


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Good fortune


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Originally Posted by Auger01

Once inside the hospital, Sampson was approached by an officer who had responded to the call at his house less than an hour earlier.




Okay...what's up with that?


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"On Wednesday, the sides were at an impasse with a trial date set for Monday when Kalafut amended the charge to include a designation that alleges Sampson was intoxicated while in the hospital with his gun, a clear violation of the concealed handgun law."

I wonder what charge they will add next week. Probably disorderly conduct.

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Appears to be a dumb aze cop with a hard on for the soldier...

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Originally Posted by ltppowell
Originally Posted by Auger01

Once inside the hospital, Sampson was approached by an officer who had responded to the call at his house less than an hour earlier.




Okay...what's up with that?


Yeah...

"There was no violence"
"It was just headache medicine"
"He thought she was a suicide risk"

Ummmm......


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your flippant remarks which you so adeptly sling
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Quote
The officer spotted a bulge in Sampson�s clothing. He and a security guard then took possession of Sampson�s Springfield 1911 TRP and arrested Sampson even though he says he was reciting to them the law that allowed him to carry it.


Sampson said he gave detailed instructions that would have allowed the officer to easily find the law on the Internet using his smartphone, but instead of acknowledgment by the officer of a possible error, Sampson said he was handcuffed and lead away from the hospital.
It appears to be another instance of LEOs violating a citizen's rights.. Maybe those same LEOs should attend a course in CCW laws for their state..





Quote
�I know most people would shut up and roll over,� Sampson said. �I�m not going to do that. I didn�t do anything wrong.�
Good for him.. I pray he wins, then files suit against that same dept. and personnel..





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I'm pulling for Sampson, but it is hard to fight city hall.


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I remember the Killeen police being very hard on soldiers. I was there for 6 months during Desert shield/storm and the killeeen police were total dicks to our deployed Guardsmen. The traffic tickets were issued at every opportunity and the fines were steep. I think it was more about the revenue collection while the regular troops were gone than justice and safety. kwg


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Originally Posted by Redneck
Good for him.. I pray he wins, then files suit against that same dept. and personnel..





I wish this happened in Washington. We have a law here that reimburses anyone wrongly accused of a firearms law including his time loss. It keeps prosecutors from prosecuting anyone who is not dead to rights guilty.


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Originally Posted by Scott F
Originally Posted by Redneck
Good for him.. I pray he wins, then files suit against that same dept. and personnel..





I wish this happened in Washington. We have a law here that reimburses anyone wrongly accused of a firearms law including his time loss. It keeps prosecutors from prosecuting anyone who is not dead to rights guilty.
I like THAT!!!


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So do we! grin

I comes along right beside a strong preemptive clause.

Last edited by Scott F; 10/18/12.

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reminds me of a fletch movie..

Officer: You're under arrest

Fletch: What's the charge?

Officer: Pissing me off

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Originally Posted by Scott F
Originally Posted by Redneck
Good for him.. I pray he wins, then files suit against that same dept. and personnel..





I wish this happened in Washington. We have a law here that reimburses anyone wrongly accused of a firearms law including his time loss. It keeps prosecutors from prosecuting anyone who is not dead to rights guilty.


I agree Scott. We unfortunately have a lot of liberals in our cities but all in all what most don't realize about this state is that it's much more conservative than many "red" states.

If only we could get more red voters this state would be damn near perfect.

All my best to you and yours.


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Back at you my friend.

What do you hear about our governors race? Are we going to win that one?


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Originally Posted by Scott F
Back at you my friend.

What do you hear about our governors race? Are we going to win that one?


I'd say the blue in debt State of Washington has not learned the lesson.


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Originally Posted by elkmtb
reminds me of a fletch movie..

Officer: You're under arrest

Fletch: What's the charge?

Officer: Pissing me off


And the cop knows the only way he's going to win this one is by claiming alcohol is involved.

Any independent witnesses?

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No test, no conviction. If the cop smelled it he would have tested for it at the time of the arrest.


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