Gardapians! Let them know! Exercise your rights! Make your voice heard…or lay down like a whipped dog!

Posted: August 2, 2013 in Uncategorized

Follows is a  letter sent to the Honorable Susan Redford, Ector County Judge.  A similar letter has been sent to Ector County Sheriff Mark Donaldson, Ector County Commissioner Greg Simmon (Precinct 2), Texas Representative Tryon Lewis, Texas Senator Kel Seliger, Texas Governor Rick Perry, US Representative Mike Conaway, US Senator Ted Cruz, US Senator John Cornyn and the President of the United States! We encourage you to contact them all and ask that they take action to address what we believe to be the violations of our civil and constitutional rights! Make your voice heard!

July 30, 2013

 The Honorable Susan Redford

300 North Grant, Room 227

Odessa, TX 79761

 

Dear Judge Redford,

In Gardendale recently residents have been subject to a litany of what we perceive to be injustices. It is our contention that the sheriff’s office, perhaps unintentionally, does not have a clear understanding of Berry Petroleum’s legal limits.

 First, Texas Penal Code – Section 30.05. Criminal Trespass states:

 (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

                        (1)  had notice that the entry was forbidden; or                          

                        (2)  received notice to depart but failed to do so.

Specifically, when an employee or subcontractor of Berry Petroleum violates clearly posted ranch rules prohibiting video recording of any kind we consider that person to be trespassing. To date the deputy assigned to Gardendale has been reluctant to consider that it is even possible for Berry Petroleum personnel to commit criminal trespass.  

 Second, Texas Penal Code-Section 20.02. UNLAWFUL RESTRAINT states:

(a)   A person commits an offense if he intentionally or knowingly restrains another person.

When an incident of unlawful restraint occurred in Gardendale (of which there is video evidence) was reported to the Sheriff’s department the investigating deputy ‘talked’ to the perpetrators, employees of Berry Petroleum.

 Third, when a deputy arrived in Gardendale to investigate a cracked window (possibly from a bb or pellet gun) that occurred on Hwy 158 he went on private property to meet with the ‘victim’. When the property owner asked what the deputy was doing he responded, “It is none of your business.”

It appears that local law enforcement is unsure of where the law stands in relation to an oil company on private property. Because of this we ask for the following clarification:

 1)      Can an oil company trespass on private property? If so, what constitutes that trespass?

2)      Can an oil company detain a person against their will on private property owned by that person?

3)      Does a deputy have the absolute right to come on property to simply talk to someone, out of convenience, regarding an alleged crime that occurred elsewhere? If yes, does the deputy have an obligation to inform the property owner or is it truly ‘None of the property owner’s business’?

4)      If the statutes of 1) and 2) don’t apply to oil companies in Texas please inform us of any other statutes that don’t apply.

We ask that you seek a legal opinion from the County Attorney and/or the State Attorney General regarding these issues. We also ask that you arrange to meet with our group and, as a public service, advise and instruct us as to what rights the oil company possesses and what rights we, as citizens of Texas and the United States, possess, if any, regarding Berry’s intrusion onto our own land. 

We will provide the meeting place, sound system and anything else you might need. We are willing to meet with you in a location of your choosing. We await your response.

 More information may be obtained about this and other violations of citizen’s civil rights by going to http://www.gardap.org and the Facebook page, “Gardendale Accountability Project, Inc.”

 

 

Dan Boggs

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