Accused of stalking Abilene city manager's wife, Pugh seeks to sink indictment

Eddie Charles Pugh was back in court Thursday but not for a trial.

Pugh's lawyer, C.J. Grisham, had filed a motion to quash the indictment or in layman's terms, a motion to dismiss the stalking case against Pugh.

Judge Jeff Propst of the 104th District Court ruled yesterday, however, that the indictment will stand.

'The rifle is a form of expressive speech'

Pugh took the stand yesterday morning to answer questions related to the motion to quash.

When on the stand, Pugh said the firearm he allegedly pointed in the direction of City Manager Robert Hanna's home, was just a prop for his peaceful protest.

When Taylor County Assistant District Attorney Erin Stamey began to cross-examine Pugh, she became impassioned as she questioned his reasoning for using a rifle as a prop, saying, "It's a firearm!"

She went on to emphatically say, "What kind of a protest is that?"

Pugh said, "I never threatened anyone."

Pugh said he was aware of the houses being occupied at the time of the protest. But he said he did not know Hanna was married at the time.

Pugh said there are no ordinances against protesting at officials' homes, and that he never actually picked up the firearm during the protest.

Pugh said he "had a legal right" to protest with a firearm.

At this point, the lawyers were able to give their closing remarks.

"The rifle is a form of expressive speech," Grisham said.

This caused a ripple of a shock throughout the courtroom.

Stamey then had her turn to describe the fear that Brooke Hanna felt the night of the protest. Stamey said Pugh "knows that this conduct is providing fear."

Propst then delivered his ruling, saying, "The motion is denied."

At this point, Grisham said, "I'm fully prepared to take this as high as I need to take it."

Propst said, "I don't want this case to linger."

But the judge also said he suspected this could be a case in which the parties would need a trial.

Propst will set a plea hearing in about 60 days to see if both parties can come to an agreement before heading to trial.

'Shut them up via lawfare'

Grisham filed the motion to quash March 27 at the Taylor County Courthouse. The bulk of the motion focused on his claim that Pugh's protests were only aimed at Hanna and not at Hanna's wife Brooke.

"The photo used by the Grand Jury clearly showing that Mr. Pugh’s protest was directed SOLELY at Mr. Hanna, not his wife," Grisham said in the motion.

"At no time did Mr. Pugh utter or write Mrs. Hanna’s name, neither in person during the protests nor on social media," the defense attorney said in the motion.

Grisham went on to allege that the entire case against Pugh was simply political, saying Hanna "treats this Court as a tool to go after political opponents and shut them up via lawfare."

Freedom of speech or intimidation tactic?

The motion alleged Pugh's activities fall under the category of the First Amendment with "the right to freedom of expression and the right to seek redress of grievances of government officials."

According to Texas state law, "Citizens shall have the right, in a peaceable manner, to assemble together for their common good."

The motion goes on to say the indictment infringes upon Pugh's Second Amendment rights as well.

"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State" according to the Texas constitution.

Dueling charges

Pugh is also facing an unrelated class B misdemeanor criminal trespassing charge, according to Zach Gore, chief misdemeanor assistant district attorney.

Pugh will be in misdemeanor court on June 17 for a jury trial related to that charge.

If convicted, Pugh faces 180 days in jail, along with a possible $2,000 fine, according to Gore.

Grisham's own brush with the law

According to Grisham's own website, he has "been falsely arrested four times, to include allegations of felony crimes."

He faced "another three arrests in defense of these rights and successfully fought to get all the charges dismissed," according to the website. After his third arrest, he "was tazered and suffered major head trauma."

According to the State Bar of Texas, Grisham has "no public disciplinary history" within the state of Texas.

Possible punishments in case of a conviction

If convicted of the stalking charge, Assistant District Attorney Erin Stamey said Pugh could face two to 10 years in prison, along with a possible $10,000 fine.

Stamey said that per state law, in the five years after his release, if he is convicted, he would be unable to own a firearm.

On the fifth anniversary of his release, if he is convicted, he would be able to own a firearm at his residence.

This exemption to federal law only applies in Texas, according to the Texas State Law Library.

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This article originally appeared on Abilene Reporter-News: Alleged stalker files motion to dismiss indictment