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.�

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.

Good fortune

Okay...what's up with that?

"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.

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

Yeah...

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

Ummmm......

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..





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

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

Never settle for anything but the truth. What you stand for, defines you. What you blow-off or ignore also defines you.

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

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!!!

So do we!

I comes along right beside a strong preemptive clause.

reminds me of a fletch movie..

Officer: You're under arrest

Fletch: What's the charge?

Officer: Pissing me off

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.

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.

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

Any independent witnesses?

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

That's incorrect. Tests for alcohol and drugs are only conducted for drivng offenses.

if only conducted for driving offenses, then its pretty hard to prove, other than officers word which is sometimes unfortunately, weighted.

I think there may be a page missing somewhere in this report. Not sayin the soldier is wrong,but somethings not right...

Witnesses are usually pretty easy to find, epecially in hospitals.

He drove there didn't he. Seems to me if the officer smelled alcohol at the time and the soldier had just driven to the hospital he would have tested.

To come up with the drunk charge weeks later makes me question the validity.

If we knew why the cops had to respond to his house prior to her overdosing, it would be a little easier to comment.

I didn't witness it. Did the police there?

That's why they added that charge this week it seems.
No legal sign at all doors, proper size, and the mandated language on the sign makes it legal to carry into a building. If the hospital asked him to leave, he must leave.

I'm thinking the cop came to his house when the call went out for an ambulance, saw a weapon and told the guy not to bring it to the hospital. Guy brings it anyway.
Cop makes the arrest on a weapon charge, DA went ahead with charges. DA knew he wouldn't win the case, so they added the drinking charge to help get a win in court.

What did we learn, stay away from all hospitals. Hurting a little, tough it out.
If your dead or in a coma, sure go to the hospital. Not before

I know of cases where someone was successfully charged with a DUI when no one actually saw them drive. He was home, he then was at the hospital. If his car was in the lot and he could not provide another driver then in my state he could have gotten a DWI.

Article states ambulance ride. I'm not LEO, but if an ambulance is called I'll bet Leo will be on site also in certain areas of this great State.

Maybe so, but like it or not, it's not unusual to file a lessor (or greater) charge when circumstances warrant. Don't let the "halo effect" get in the way of good judgement. We like our military, and we like our guns, but that doesn't this guys is innocent.

Texas PC 46.035 section (b)(4) does state that it is against the law for a CHL holder to carry a gun:
"on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;"

However, subsection (i) states that:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

So, if he was correct and the entrance to the hospital wasn't posted, then he was fully within his rights to to be carrying his handgun.

As to the alcohol, you cannot carry while legally intoxicated, period. But, you cannot determine that someone is legally intoxicated simply by smelling their breath. No breathalyzer, no blood test, no way for them to tell now if he was indeed legally intoxicated at the time.

I know there's two sides to every story/situation, but if all of the above are correct, then they have no case against him.

True Pat, but I had to severely step on guys that worked for me because they had shaky charges to begin with and wanted to embellish the plate by filing additional charges. The SMARM of an ADA who supported their crap said that he could offer the plea bargain in court. The ADA is NOT in the chain of command,I was so I stomped the additional. If ya have a case, ya have a case. If ya have supporting evidence add it in immediately and have doc proof. I would never have let the additional charges fly if I was that idiots' Sergeant. NEVER listen to an ADA as they are NOT subject to lawsuits. Held harmless dontcha know.

Intoxication is determined by an individuals actions. Blood tests are not given to determine intoxication except in driving offenses.

They just wanted his TRP. I have one. Nice gun. Can't blame them for wanting it, but they should have just bought one of their own.

Hey Captain Pat (I think that's correct now)your correct. I'll bet many things have happened over the years in that area with all the returning soldiers. I'm sure it's hard to get back behind the civilized wall and act that way after a tour.

I couldn't agree more, but haven't reviewed the reports, witness statements etc.

They can request the ER resident to draw a BAC. Not a legal ETOH, it would still be evidence...

I Sure hope so and I have a good feeling about it. Of course I also wouldn't be a bit surprised if they kept recounting until the Republican lost....flashbacks.

I don't have a TV and seldom listen to the radio but I did have it on yesterday. I was surprised how dirty the D'd have made this race.

Having alcohol on ones breath does not quite rise to the standard of being physically or mentally impared.

A test would not be administered in this case regardless of when he was charged as this was not a DWI.

Great idea Scott but it has to come out of the purses of the people involved not out of the tax payers pockets or else it still won't stop.

Texas CHL forum says the trial is set for 01/28/13.

You know this poor guy has already gotten hammered under UCMJ isn't this going to be double jeopardy?

I have no idea how that works.

Killeen cops were pieces of chit back in the 70's and I am sure they have not improved any yet.


tom

I smell a rat there and bad LEO's.

This soldier has my support, I hope the charges against him will be dropped and that the cops - who enjoyed a cushier life than his - will have their fingers sharply rapped for harassing a good man instead of going after real criminals.

The officer was looking for trouble were non existed

It's a whole lot better in Texas to just consider hospitals off limits for carrying.I've yet to visit one that didn't have the required sign AT THE FRONT ENTRANCE.

I doubt the trial goes well for the soldier.

And that's a pity.

http://m.kdhnews.com/news/charges-d...15757c6-5add-11e2-bdff-0019bb30f31a.html

A Fort Hood soldier who was arrested and charged with a crime for bringing a concealed handgun into a local hospital had his charges dismissed.

Staff Sgt. Nathaniel Owen Sampson had a concealed handgun license when he brought his Springfield .45 into Metroplex Hospital�s emergency room March 30. State law prohibits concealed weapons from being brought to several places, such as convenience stores, bars and hospitals.

Through the legal wrangling that ultimately led to the dismissal of charges late Tuesday, Sampson and his attorney, Kurt Glass, maintained there was no notification on the doors of the hospital�s ER indicating weapons were prohibited when Sampson entered the hospital.

Glass said he took a picture of the doors in April and was prepared to show a blown-up photo projection of the doors at trial.

The doors have since had a sticker affixed to them indicating the illegality of bringing a weapon into the hospital, whether with a concealed handgun license or not.

Despite the dismissal, Sampson said he remained irritated with the Killeen Police Department over a lack of �education� shown by the officers who arrested him and how the charge placed his military career in limbo.

�It was a slap in the face,� Sampson said.

He had been a weapon liaison at Fort Hood, but after his arrest, his commanders stripped him of the additional duty title. �It put my character into question,� he said.

It also temporarily invalidated Sampson�s concealed handgun license, which should now be returned after some paperwork is turned over to the Texas Department of Public Safety.

Sampson went to Metroplex Hospital shortly after midnight March 30 to check on his girlfriend, who is now his wife.

He had recently returned from a deployment in Iraq. That night the two had been drinking.

A police report stated his wife drank four bottles of wine, which led to a disturbance. Sampson called 911, and paramedics took her to the hospital. He followed in his car.

When he entered the ER, a security officer spotted a bulge under Sampson�s shirt and asked if it was a gun. Sampson told the officer it was. He was detained until police arrested him.

The Bell County Attorney�s office dismissed the charge for lack of evidence, court documents stated.

All that remains for Sampson now is to have his gun returned. It was a gift from his wife.

�I just want to get my weapon back and go on with my life,� he said.

Back in '92 my live-in girl friend got mugged outside our apartment in Sunrise FL. The ambulance took her and the cops showed up to question me. They GSR'd me and took my .45 into evidence. Afer signing my statement on the dining room table I asked the detective if he were done. He said yes and I reached under the couch cushion and pulled out a 38 super 1911, press checked it and stuck it in my waist band and said something to the effect of I had to get to Plantation general. he didnt bat an eye and just said to call him in the AM.
The next day I went to the Plantation Police Dept after lunch and retrieved my .45 with no problems.
No arrest, no trial, a handshake and a " heres your colt, have a nice day"

Good news. Bogus charge to start with.

I don't understand the logic behind "gun free zones" in hospitals or for that matter anywhere if you're a law abiding citizen. I've carried into hospitals many times because I forgot I was carrying until I got to the hospical entrance. I wasn't going to walk all the way back to the parking garage to leave my pistol in my truck. I pretty well carry everywhere except where they have metal detectors. I had jury duty a few years ago where one of our local gang bangers was on trial for attempted murder. During the trial the gang banger gave all us jurors the "evil eye" and his gang member friends who were there did the same thing. After we voted to convict and the trial was over one of the lady jurors was very scared and asked me to escort her to her car because she new I had a CHL. I did escort her to but told her my pistol was locked in my truck. We didn't have any problem but I was a little nervous because if something had happened we would have been defenseless even though we were right by a courthouse and jail full of cops.