A response was received from the Kyle Police Chief today and he claims the information is false. He also claimed to file charges should the information not be removed.
Is the government lying or is the information truthful? How could it be defamation on the part of the person compiling the records? These are documents received from the government.
All information was received through the Texas Public Information Act. There is no reasonable reason to believe the information is false, it was provided in open records requests.
When asked which items were slander or defamation, the Chief would not answer, but compile another threat to charge. He claims he’d be willing to talk by phone, yet he cannot explain in writing what was untrue.
In order to be a charge under 42.06:
A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily:
(1) cause action by an official or volunteer agency organized to deal with emergencies;
(2) place a person in fear of imminent serious bodily injury; or
(3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.
If it’s received through TPIA then how can it be false or baseless? It can’t be.
He also said he was being harassed:
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;(5) makes a telephone call and intentionally fails to hang up or disengage the connection;(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
Nothing meets those elements either. He is a public official that will not answer the tough questions and deflects to charge someone.
He also claimed staking:
Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:(1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:(A) bodily injury or death for the other person;(B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or(C) that an offense will be committed against the other person's property;(2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and(3) would cause a reasonable person to:(A) fear bodily injury or death for himself or herself;(B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship;(C) fear that an offense will be committed against the person's property; or(D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.
Nothing about public information is stalking. When asked what his definition or understanding of staking was, he deflected and cited charging again.
The only “crime” being committed when one wants to make a “deal,” with someone writing an article based upon factual information received by the government, through proper process; is when, the deal is not to publish the article in exchange for not being charged. That is a literal example of First Amendment Violations. It’s one that was actually written by Barnett.
If he claims it’s false, he may want to provide supporting evidence, as the government already provided public documents proving such statements written by The Hawk’s Eye News.
Anyone interested can go to The Hawk’s Eye News page on Facebook and see all the supporting government records for the Barnett stories.