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Texas Man Shot at By Police After Brandishing Toy Gun

September 23, 2009

Following up on a call of terroristic threats, police saw Martin Garcia Vargas pull a weapon from his waist leading a veteran police officer to fire on him. Luckily the officer missed in this situation that was brought on by a toy gun.

Thirty nine year old Martin Garcia Vargas is being held in the city jail on a $5,000 bail and facing charges of misdemeanor terroristic threats.

Police were called when Vargas threatened to shoot a woman. Houston police officers spotted Vargas on food in the 300 block of Jensen, according to this brief from the Houston Chronicle.

When officers demanded Vargas stop, he reached into his waistband and pulled out what officers believed to be a real firearm. He aimed the weapon at veteran Officer M.W. Thacker who felt threatened and fired on Vargas. His shot missed but it was apparently enough for the officer to gain control of the situation and make an arrest.

When dealing with guns, you never know what you might get. Of course this weapon was determined to be a toy but given the distance and the supposed realistic look of the weapon, the officer may not have had any reason to suspect a toy.

The Bill of Rights protects our right to bear arms but state laws strictly regulate that right. How we carry a firearm, what arms we can bear, and the procedure for legally owning a weapon are just a small snapshot of all of the laws on the books about firearm usage.

Criminal weapons offenses are considered very serious and Vargas is lucky, in this case, that his weapon was not real. Although there are several common weapons offenses that are considered misdemeanor, there are also many gun felonies as well.

If you are facing weapons charges or any criminal charges in our state, call me today. I can provide some useful and free legal advice and possibly help you at trial. Contact me today.

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Filed Under: Guns

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  1. Juvenile Assault Charges in BB Gun Shooting | Experienced Criminal Lawyers says:
    September 23, 2009 at 12:01 pm

    […] noted that brandishing a weapon, even a non-lethal one, is the kind of thing that can get a person shot at by police. And they will be using real guns and real bullets. Share and […]

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