In Texas, using physical force is legally justified as self-defense only when there is an imminent threat to personal safety or property, and the individual can articulate that they felt threatened; vigilante justice or taking the law into one's own hands is not tolerated, and the criminal justice system determines guilt or innocence through courts and juries.
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Jasper County Sheriff - Chuck Havard - Assault VS Self DefenseHinzugefügt:
Uh more than anything, hey I hope the citizens of Jasper County feel like, you know what? I get my money out of Chuck everybody day. Uh I want them to think, you know what? Our sheriff will get out there and work. You know he's not scared to work and and uh we're not we're not probably not smart as AC, but we're going to outwork you and we're going to outthink them. We're going to outsmart them.
>> [music] >> You are listening to the East Texas Banner right here at easttexasbanner.com. Got the privilege this morning sitting down with Jasper County [music] Sheriff Chuck Havard.
Appreciate you taking the time to talk to us.
>> Yes sir.
>> So, take me through, you know, just just yesterday you guys arrested gentleman up here uh uh I guess it was a an assault situation. Uh Mr. Grimes.
>> Yes sir.
>> Uh what is can you give any kind of any kind of context to what we're talking about here? I mean what what happened?
>> Well, I can give you the public information that that that gentleman was arrested. As far as the details of the case, you know, obviously, you know, we don't do that in news media or social media. Okay. Uh that's all stuff done at the courthouse and so uh when we talk this morning it'll be general specifics about >> Okay.
>> what we can can and can't do as the public and and not specifically about that case because that case is still still ongoing.
>> Got you.
>> And Mr. Grimes will get his day in court just like any other citizen in our county.
>> So, so as of right now, so that's actually, you know, with him with him being arrested, I'm I'm sure you know, how does it how does that process work? I mean once somebody is arrested because, you know, I was arrested under different circumstances, but I never had to bond out. Um but once a person is arrested then they can bond out. Is that how that works?
>> Yeah, you know, and we really try hard as we can to kind of make the public aware and educate the public on a little bit about the criminal justice process and so you know, as law enforcement officers we gather the facts >> Okay.
>> if we have probable if probable cause exists to arrest someone, then we make an arrest.
>> Okay.
>> That point in time they come to our jail.
>> Okay.
>> Like any citizen, they get a chance to get bonded out.
And then we take the facts as we know them >> Mhm.
>> and we give those facts to the courts, to the district attorneys and to the courts.
>> And let those guys figure out if this person's innocent, guilty, i.e. >> Right.
>> in front of a jury, in front of a judge.
>> Right. Right.
>> And so just cuz someone's arrested doesn't necessarily mean they're going to get convicted of a crime. I tell people all the time our job is to gather the facts.
If a probable cause arrest to make arrest, we make arrests and if probable cause or or gather the facts and get it to the DA's off that point in time a jury or a judge, they decide if the person is guilty or innocent of a crime. That's not our job.
Our job is to do the best that we can on the apply the law fairly across the board no matter who they are >> Got you.
>> equally.
>> Got you. Okay.
So in general terms on assault because I mean, you know when we put when we put this information out yesterday, obviously off the heels of you know, we we've been aware of this this specific this specific situation for about a month here um or a little over.
But um >> [snorts] >> you know, specific to assault you know, I mean I'll be honest with you, reading through some of the comments and some of the things, you know, after this has been put out you know, it was it was in no way our um uh plan or thought process to uh disparage any companies or anything like that. Um but talking in general terms, okay? All right. When is assault When is assault legal?
Cuz I mean, I'll be honest with you. I mean, seeing some of the comments, I'm going >> Right.
>> Uh you know >> Well, it's very interesting on social media, you know.
>> Yeah.
>> 90% of the stuff you see is not not true. They and they don't have the details, they don't have all the facts, but >> Right, right.
>> But I'll I'll tell you in this county in in a nutshell.
>> Right.
>> When someone is in imminent danger, in other words, if I go somewhere, me or one of my deputies, >> Okay.
>> and you take a homeowner that someone has barged in their house, and they put theirself in fear, and they're trying to hurt that homeowner or their family, if they put 10 bullet holes in them and they blow them in the front yard, the first thing that I'm going to do when I get there, I load this bag of crap up, get him to the morgue, and I'm going to commend the homeowner for protecting his family, okay?
>> Okay.
>> If they put 10 bullet holes in him, and he's injured, and we're going to take him to the hospital, and we're going to sit there with him for 5 or 6 days, and then we're going to come back, we're going to put him in our jail.
People have a right to protect themselves, protect their property, protect their families.
>> Okay.
>> Okay. The same thing if if you're in a Jenny's Fried Chicken in Kirbyville, and someone comes up messing with your little girl, you break their nose, the first thing we're going to do when we get there, we're going to clean his blue bloody nose up for him, and we're going to stick him in jail here.
>> Okay.
>> But it has to be an imminent threat.
>> Okay.
>> To you know >> To justify.
>> To justify that. Uh you know, vigilante justice is not going to be tolerated here.
You know, [snorts] people can't take the law in their own hand.
>> Okay.
>> They don't have the legal authority to do it.
>> Right.
>> Uh you know, I try to stick my phone number out there. Our deputies are all of our deputies and me are very very available.
>> Okay.
>> If you see something out in the community and you feel like it's an injustice, please call me before you take the law in your hand, because it it will not be tolerated. We're going to put you in jail, and listen, you'll have your chance like any other American to get get to court >> Right.
>> and convince the judge and the jury that you were right. It's not our job.
You know, we're as law enforcement, we're not judges or juries. Okay, if there's a violation, we're going to put you in our jail, go to court, that's where you do all that out at the courthouse. Yes.
>> Yeah.
>> And so, it uh you know, that that's imminent threat, bodily injury, by all means.
And we will commend you for taking care of your family, protecting your family.
>> Okay.
>> But, you have to have some imminent threat. You have to feel like yourself or somebody else is in danger in order to assault someone legally >> Right.
>> or uh you know, to hurt someone, you know. You have to have legal authority to do that and articulate why you've done what you've done.
>> Got you.
>> So.
>> So, if Okay. [snorts] So, if I'm out here and some guy comes and gets up in my face, and I feel that he has invaded my personal privacy zone, which I think most humans have, >> Mhm.
>> then I have the right to defend myself if I feel threatened.
>> So, so >> Is that how that I mean, is that >> In Texas in a nutshell, if you can articulate that you are in fear of your safety, you have every right to protect yourself, protect your family, protect your property.
>> Okay.
>> Now, you have to be able to articulate that.
>> I got you.
>> Hey, I was in fear of my safety because uh he made a swift movement toward me.
>> Sure.
>> Uh you know, he had a gun, he had a knife, and I felt that I was threatened.
>> Right.
>> If you can articulate that, then you legally can take care of business to protect yourself.
>> Easy enough. Easy enough.
>> [gasps] >> So, when you refer to when you when you make the statement about vigilante justice, and define that a little bit for me.
>> Well, well, I I think that's kind of as it sounds, you know, that's that's when people take the law in their own hands.
Can't be running around here like Batman.
>> No, and you you know, you have to have legal authority >> Sure.
>> to take action. Uh, you know, you Listen, the criminal justice system in our country is not perfect.
>> Right.
>> But it is the best system in the world, okay? Uh You probably see in the news, social media all the time where like, man, I can't believe that happened. You know, this guy got 30 days in jail for whatever reason.
>> Right.
>> I'm not always going to agree with it.
You're not always going to agree with it. The members of the public is not always going to agree with the criminal justice system. I get that. Uh But in a civilized society, we you know, we have law enforcement. So, uh there are times that that you can legally uh use force.
>> Right.
>> And you have every right to use force, but you can't go assault people >> Right.
>> just because you don't agree with how the courts or the criminal justice system >> [snorts] >> uh you know, how they're how their case played out.
>> Yes.
>> Uh and again, we're just speaking in general terms, not specific to any case that we're currently working.
>> Sure, sure, sure.
So, is there any anything that you want to put out beyond what we've talked about to the general public about I mean, you cuz if they get I mean, cuz here here's the truth, man.
You know, sometimes if I'm Now, granted, yeah, I'm in a diff- different space than a lot of people, but sometimes I hear stuff go on in the criminal justice system, and it chaps my ass whenever I hear it. I know I probably shouldn't be cursing on on the interview, but it it gives me the red ass whenever I see some of the stuff go on. And it's almost like that you know, I don't have much of a sawed-off redneck inside of me, but I got one.
>> Well, I listen, and I agree with that.
It uh you know, since I've been here 17 18 how how long it's been here.
>> Right.
>> We'll stick them in the jails as fast as we can get them in here. Get generally a bunch of them.
And guess what? They make their bond, criminal justice system lets them right back. Then they get out here two or three weeks, >> Yeah.
>> start getting on that crap again, starting to >> Sure.
>> you know, be knuckleheads. And then guess what? We chase them for another two or three days.
>> Yeah.
>> We put them back in here. They make their bond, criminal justice system puts them right back out. And so, I get it.
Trust me, I get it. I see it every day.
Uh but, those people, they're digging a hole.
>> Yeah.
>> At some point, it's going to catch them.
>> Yeah.
>> And when And when they do, they're going to be held accountable. And And we're trying our very best to hold them accountable now. We We uh I'm proud of our men and women for what they're doing. They're doing a heck of a lot of work.
>> Sure.
>> For uh a lot of people think we got 100 deputies doing all this work. We We don't.
>> Yeah.
>> We have very few deputies. We do the best we can with what we have. And uh more than anything, hey, I hope the citizens of Jasper County feel like, you know what? I get my money out of Chuck Cabler every day.
>> Yeah.
>> And I want them to think, you know what?
Our sheriff will get out there and work.
>> No doubt.
>> And he's not scared to work. And And uh we're not We're not probably not smart as they but we're going to outwork you.
And we're going to outthink them. We're going to outsmart them.
>> So, on a on another note, shifting gears a little bit, but um how important is it for your office over here to have a strong DA office?
>> It That's everything. You know, we we John Burton and I talk generally one or multiple times a day most of the time.
>> Yeah.
>> You know, we depend on our district attorney for a lot uh you know, for any guidance, legal guidance, uh you know, guidance with our cases. And so, I'm telling you I'm very proud of John Burton and what he's uh done. There's not a time where he's not answered the phone. He's a hard worker.
Very, very approachable. Uh him and I have been friends for a very long time.
So, we have a good relationship.
>> Sure.
>> And so, I appreciate him being available to us. I mean, it More than anything else, our agency and his office, man, listen, we just want to uh we want to do a good job. We want to enforce the law equally and fairly to everybody. Uh And And the main thing is just do a good job for the public. And And And And And uh sometimes justice is not what we think it is, you know? Our his job more than my job My job is to give him the facts.
His job is to make sure justice is served, however that looks like, you know? And that's from judges and juries, people out in this community. You know, that they are the the uh They make the final decision whether or not someone is guilty and innocent, not us. Our job is just uh trying to enforce the law as fair and as consistent as as as as we possibly can, no matter what your regardless of your race, ethnic, economic status, uh you know, that's what we try to do here is enforce the law fairly and equally.
You know, if we give this one a break, guess what? This one should get the same break. If this one gets arrested, this one should be arrested. And so uh And I want to be transparent with the people.
>> Yeah.
>> Uh you know, I want to let them know what we're doing.
>> No doubt.
>> Both all the good things we do in the community and our uh Occasionally we will stump our toe.
Uh And And when that happens, then I'm going to let the public know that.
>> 10-4.
>> Uh Main thing is it's privilege and an honor, you know, serving our citizens.
It uh And I say that to anybody that listens to me. Citizens of our county are the best. They need the best represent them in this in this law enforcement uh office. And so uh Yeah, criminal justice system sometimes is very very slow.
>> Right.
>> Sometimes the wheels of justice is extremely extremely slow, but uh we're going to stay on top of the crime around here.
>> [music] >> And you know, we're going to enforce the law fairly and equally amongst everybody.
>> Thank you, Sheriff. Sheriff, I really appreciate you taking time to >> Yes, sir, anytime.
>> [music]
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