Suspect Tosses Gun Out Car Window, Cited For Littering As DA Refuses Gun Charges

The Harris County District Attorney's Office refused to allow officers to arrest two suspects on weapons charges.

Houston, TX – Houston police charged an 18-year-old woman who threw a pistol out of a car window with “littering with gun” because the Harris County prosecutors refused to authorize weapons charges.

The incident occurred on Sunday when two Houston police officers on patrol initiated a traffic stop in the 7200-block of Tobruk Lane, according to an internal Houston Police Officers’ Union memo obtained by Blue Lives Matter.

As they were attempting to stop the vehicle, both officers witnessed the passenger throwing a pistol out of the car’s window.

Once they had the vehicle stopped, the officers detained the male 17-year-old driver and his 18-year-old female passenger and located the weapon where it had been tossed, according to the confidential memo.

The driver told the officers that he had given the gun to his passenger and told her to throw it out the window.

All of the admissions were captured on the officers’ bodycams so it should have been an easy slam dunk to charge both the driver and his passenger, but that isn’t how it works in Harris County.

Law enforcement officers in Harris County are required to contact the district attorney’s office for permission to charge before they actually arrest a suspect, Houston Police Officers’ Union Vice President Doug Griffith explained to Blue Lives Matter.

“We are the only county in the state that does this,” Griffith said. “We have to contact the DA’s office and ask permission to file the charge. It’s always been that way.”

What’s different now is that current Harris County District Attorney Kim Ogg has quickly earned herself a reputation as a friend to the Houston criminals by refusing to charge anything but the most violent of crimes.

“In my 28 years with the Houston Police Department, this is the first district attorney who has actively refused charges on good hard criminals where we have body camera evidence,” Griffith told Blue Lives Matter. “It’s truly sickening that our officers put themselves in harm’s way and then turn around and have a DA refuse all charges.”

And that’s exactly what happened on Sunday.

The officers contacted the district attorney’s office to get permission to charge the pair who had tossed the gun under Texas’ Unlawfully Carrying a Weapon (UCW) statute and spoke with Assistant District Attorney Twyanette Wallace, according to the internal memo.

Wallace declined to authorize the weapons charges.

So the officers contacted the chief district attorney on duty, Assistant District Attorney Eric Bily, and presented their case.

Bily, like his colleague Wallace, declined to authorize a weapons charge.

He told the officers that there was no crime of UCW because the teenagers were just trying to “abandon the gun,” the police union’s memo read.

Bily also said the crime wouldn’t be considered tampering with evidence because they weren’t committing a felony at the time the gun was thrown out the window of the car.

But it is illegal, under Texas and federal law, for anyone under the age of 18 to possess a handgun.

The officers contacted their supervisor and the sergeant agreed with their assessment that an arrest should be made, the memo said.

The memo said the sergeant instructed one of the officers to read the pair their Miranda rights and re-interview them.

Once again, the driver admitted to the officers again that the gun had been on the floorboard of the vehicle in plain view when the police initiated the traffic stop.

The memo said the driver told the officers for a second time that he gave the gun to his passenger to throw away before they stopped the car for the officers. Again, his confession was captured on multiple bodycams.

So the sergeant called the district attorney’s office to plead the officers’ case for the obvious charges that should be filed against the suspects. He talked to Bily.

“I even told the DA that throwing the gun out of a window is reckless according to the penal code and still nothing,” the sergeant explained in the police union’s memo. “ADA Bily still insisted that the kids were just trying to ‘abandon the gun.’ I don’t understand it. The kid admitted to having it and is only 17.”

The frustrated sergeant told the officers to charge the driver with whatever traffic violations applied and arrest the female passenger for “littering a gun,” according to the memo.

“That sounds so ludicrous,” the sergeant said. “I hope the municipal judge reads that charge and has a ton of questions.”

Griffith said the police union is hearing the same stories from most of its members.

“We are having all kinds of issues with the district attorney’s office refusing charges,” he told Blue Lives Matter. “We have a fairly new, liberal district attorney – she used to be a prosecutor in gangs and back then, she went after them hard. But then something flipped, and now half the DA’s office is defense attorneys.”

“It’s getting really, really bad,” Griffith said. “We had a guy last night arrested with a prohibited weapon and he got a $100 bond.”

The union leader said that the district attorney’s office refusing to charge has become so commonplace that now the Houston Police Department is tracking it.

“When charges are rejected, we have to send a memo in to the department because we’re tracking rejected charges now,” Griffith told Blue Lives Matter.

He also said the Harris County District Attorney’s Office has stopped prosecuting charges of resisting arrest and assaults on police officers that are committed while the suspect is resisting.

The district attorney was outed for retaliating against police officers who criticized her new charging policies in February of 2018.

That’s when she cut off police access to a database that is essential to criminal investigations, the police union said.

Shortly thereafter, Ogg’s office issued a memo prohibiting assistant district attorneys from communicating with law enforcement officers regarding the disposition of criminal cases, according to a document received by Blue Lives Matter.

“[The] DA's office [is] playing politics w/public safety and endangering Houstonians by denying our detectives access to a very important database,” Houston Police Officer’s Union (HPOU) President Joe Gamaldi tweeted at the time.

“They are specifically targeting HPD, every other agency in [Harris County] still has access,” Gamaldi charged.

“I never thought in a million years this office would play politics over public safety but here we sit, with our officers denied to a system that is extremely important to investigating these public crimes and they just took it away on a whim,” he told KPRC.

Blue Lives Matter reached out to the Harris County District Attorney’s Office, and to Wallace and Bily specifically, for comment but received no response as of publication time.

Comments (56)
No. 1-42
LunaMay
LunaMay

"Law enforcement officers in Harris County are required to contact the district attorney’s office for permission to charge before they actually arrest a suspect" WTF That's ridiculously insane. I have no words. that's pure insanity

Rascal1966
Rascal1966

I think it's about time all these officers quit and find work somewhere else!! The justice system in this county is a liberal piece of shit!!

BlueLM101
BlueLM101

Harris County DA just declared open season on the LEO's by doing this. It's a total ignorant shame. IF I was employed there, I would spend my shift watching the back wall of a supermarket.

JBo
JBo

Not sure how you “abandon the gun,” if you don't first possess it...

maxx1676
maxx1676

And you wonder why America has all these problems.

Foundoutwest11
Foundoutwest11

Calling MOM for permission to give your guest a bracelet WoW wonder if you call the judge what kind of reaction then

AnnykaV
AnnykaV

A lawyer in Houston could make a shit-ton of money by tracking these cases and then suing the DA's office when someone gets hurt because of their refusals.

RichardZ1
RichardZ1

The da is committing a crime (aiding and abetting) because the legal age for owning a handgun in the USA is 21.

LynnSB
LynnSB

NO CONFIDENCE VOTE REMOVE this POS !!!!

reptaddict
reptaddict

Let's hope the next crime victim . . . is the district attorney.

Megaton Wally
Megaton Wally

How much did it take to bribe her?!?

gcd
gcd

all the cops need to walk off the job for a few days and see what the public response is, it won't be pretty!

Impartial_Examiner
Impartial_Examiner

Gun laws are a clear violation of not only the Constitution but the just bounds of civil government. I'm curious why the law enforcement community isn't applauding this DA for ensuring the protection of the public's rightful liberty?

GrumpyVet
GrumpyVet

Only liberals would do something that stupid!

gfc1963
gfc1963

And people wonder why criminals laugh at the law! That DA needs to be sacked.

Thinblueline
Thinblueline

Calling the DA before making an arrest is complete bullshit, two very different jobs. Cops make arrests based on probable cause, if the DA feels that they can’t win a case then they should dismiss it but not tell the cops they cannot arrest someone. What a god damn joke. The dude in the photo needs to go!!

LEO0301
LEO0301

What would happen if the officers simply arrested these people without asking for permission?

Cduncanf
Cduncanf

Why prosecute a criminal with a gun when you can harass law abiding citizens with licensed firearms?

MSP Trooper
MSP Trooper

Another dumbass socialist looking for a career in politics! Could she be related to AOC?

Justme1950
Justme1950

Must have been black or latino ?????????

stooge819
stooge819

The driver had constructive possession due to his control of the vehicle. The passenger had fleeting contact with the gun as she tossed it. Probably not enough for a conviction on the passenger, but charge them both to have leverage with her to get a conviction on the driver. Do I have to think of everything? Get me that DA's number...

tfort
tfort

You have to be careful when Doug Griffith talks. He likes to play with the facts.

Just look at the union’s comments on the botched raid that got a couple killed - lied to get warrant.

Bordercop
Bordercop

Another example of the 99% low life repugnant, corrupt attorneys in this country, giving the 1% of good ones a bad name.

CrybabyDemoLibTard
CrybabyDemoLibTard

Call someone over at the BATF and see if they’ll file a federal charge for you.

THEDUKE
THEDUKE

This is the third DA which has come to public light for choosing which laws they will enforce and which laws they will intentionally look the other way about and they don't even hide it...They broadcast it...........and why is that? because the typical offender is a typical POC ( person of crime) who comes from just one typical community? NOOooo it cant be that biased can it? Are they intentionally trying to affect the statistics and prison populations ? Are they intentionally trying to appease the NAACP or urban community? How is it that these criminals are coated with Teflon?.....Racial equality my ass. Typical privilege for being a lawless POS. The Feds need to set the AG loose on these municipalities as this is not what these DAs were appointed to do as there now myriad examples of displaying bias towards one group and these DAs think they are SJWs.

Chief Deputy
Chief Deputy

Why is the Govenor or AG not involved in this B.S. the General Ogg is doing ? This is soo crazy

ForestJohn
ForestJohn

I'll bet Harris County District Attorney Kim Ogg probably attended law school at UC Berkley in California. Sounds like a typical liberal DA...

Dano911
Dano911

I kinda understand their frustration. I started my LEO career at a major university police department in the early 1990s. When I started, you had to ask permission from the Chief to arrest a student, and it was rare for the chief to agree, as it was university politics then.

This is simply a ridiculous policy in Harris County.

TransportAl
TransportAl

That’s a woman?

blujn
blujn

Meryl Streep is now a DA lol

investigator
investigator

Wow......Texas has apparently been hijacked by the wuss Party of Liberals! Sad!!

Kdye
Kdye

Joe for Mayor!!

Grog
Grog

WTF???? "Law enforcement officers in Harris County are required to contact the district attorney’s office for permission to charge before they actually arrest a suspect,................" How is it the criminal sympathizer gets to keep her job? She needs to be fired!

Stanracer
Stanracer

Another police hating, bleeding heart, liberal politician "hard " at work!👎

ImanAzol
ImanAzol

This is the same department that's spent 35 years planting drugs and murdering people. Fuck them. Any good cops left decades ago.

Pig lives do not matter.

Also, I guess you're arguing that no one under 21 is allowed to have a weapon for self defense.

Blm922
Blm922

The Harris County DA's office last week dropped charges against a Hispanic male who pulled a knife on me and he almost didn't make it home that night. It was on my bodycam and there was witness.

RPG156
RPG156

The intent was the gun being in the car in the first place, right?

vwiles34
vwiles34

Sounds like its time for the state attorney general or governor to step in. Every member of this department and their family and friends should all flood every politician's office from city council to president Trump with e-mail, letters and phone calls about this. And try and include as many cases this has been done. Also get the local, state and national media involved. Don't just bitch about it, do something about it.

Mig Alley
Mig Alley

It's just the liberals working to flip the state of Texas and it's going on all over the country. Liberals destroy everything they touch. Don't let them get away with it people of Texas!!!

LynnSB
LynnSB

Another F*cking Ignorant DA that Needs to be FIRED !!!

Betsy Shane
Betsy Shane

This so called bitch need to be fired !!

rukus19
rukus19

Bought and paid for in 2016 with an 870,000.00 campaign contribution from Soros