It’s more evidence that we don’t need more gun laws, we need prosecutors who are willing to enforce the laws we have.

An 18-year-old woman in Houston, Texas has been charged with “littering with a gun” after throwing a pistol out a car window.

Why? 

Because the Harris County prosecutors refused to authorize weapons charges.

It happened on Sunday when two Houston officers tried to pull over a car in the 7200-block of Tobruk Lane.

While they were trying to make the stop, they saw her toss a gun out the window of the vehicle.

Once they got the vehicle to stop, they detained the 17-year-old male driver and his 18-year-old female passenger.  They quickly found the weapon where it had been thrown from the vehicle.

The driver said he’d given the gun to the woman and told her to throw it out the window.

The admissions were caught on the body cameras of the officers. 

But apparently that doesn’t matter in Harris County, where cops have to contact the district attorney’s office for permission to charge before they actually arrest a suspect.

The officers followed protocol and contacted the DA’s office to get clearance to charge the pair under Texas’ Unlawfully Carrying a Weapon (UCW) statute.

They spoke with Assistant District Attorney Twyanette Wallace, who refused to authorize the weapons charges.

So they turned to the chief district attorney on duty, Assistant District Attorney Eric Bily, who ALSO declined to authorize a weapons charge.

Why?  According to an internal memo from the police union, he said there was no crime of UCW because the teens were just trying to “abandon the gun”.

To make matters worse, he said it wouldn’t be considered tampering with evidence.

That’s because they weren’t committing a felony at the time the gun was thrown out the window of the car.

Here’s the thing.  Both under federal law and Texas law, it’s not legal for anyone under the age of 18 to possess a handgun.

That’s why the officers contacted their supervisor and the sergeant agreed that they needed to be arrested.

They were read their rights and interviewed again – with body cameras still rolling.

The driver then again admitted the gun had been on the floorboard of the car in plain sight when they were being pulled over.  He again told them that he had the passenger throw it away before being stopped.

The sergeant then called the DA’s office to make the case for charges against the suspects, but made absolutely no progress.

The sergeant, fuming over the denial, told the officers to charge the driver with whatever traffic violations applied.  He then had them arrest the female passenger for “littering a gun”.

The new district attorney is ultra-liberal, according to officers in the district, and is refusing to enforce laws in the area.  They argue it’s creating a danger for them and for anyone who lives there.

She won’t even prosecute charges of resisting arrest and assaults on police officers and has come down hard on those who criticize her office for the new charging policies.

The police union says in February of 2018, she cut off police access to a database that is essential to criminal investigations… and also cut off district attorneys from communicating with police over the disposition of criminal cases.

“DA’s office playing politics w/public safety and endangering Houstonians by denying our detectives access to a very important database,” Houston Police Officer’s Union President Joe Gamaldi tweeted.