Breitbart – by ILDEFONSO ORTIZ
MCALLEN, Texas — In a surprise move, a member of the Texas border militia group Rusty’s Rangers pleaded guilty to a weapons charge of being a felon in possession of a weapon. The surprise plea came just one day after John Foerster went before U.S. District Judge Andrew Hanen for a competency hearing to determine if the so-called militia member was competent enough to understand the charges and face trial, court records obtained by Breitbart Texas revealed.
Soon after being deemed fit to stand trial Foerster went before Hanen for a re-arraignment hearing to plead guilty to the charge of being a felon in possession of a firearm. His sentencing hearing is set for late June.
Rusty’s Rangers are a group of volunteers militia members who patrol various farmlands on the banks of the Rio Grande in the border city of Brownsville Texas trying to scare off human and drug smugglers working for the Gulf Cartel they were armed at all times,Breitbart Texas previously reported.
John Foerster has originally been charged following an incident where U.S Border Patrol agents had been looking for a group of illegal aliens and Rusty’s Rangers tried to help. During this incident, the militiaman and an agent had a run in. Court records previously obtained by Breitbart Texas revealed that Foerster allegedly pointed an AK-type pistol at the agent who in response fired multiple shots at him but did not hit him.
Following the investigation into the incident, federal agents learned that Foerster and his fellow ranger Kevin Massey bot had prior burglary of habitation convictions in the past. This classified them as convicted felons and as such not able to lawfully own or possess a weapon under federal law. When agents raided Massey’s hotel they seized various firearms and what they believe to be an ammunition box filled with ammonium nitrate, which is considered an explosive, Breitbart Texas previously reported.
In a previous interview with Breitbart Texas, Massey said that according to his interpretation of Texas law, five years after concluding his sentence both of them could legally own a weapon in Texas. Massey’s defense pits state law against federal law.
Section 46.04 of the Texas Penal Code provides that a person convicted of a felony commits an offense if he possesses a firearm at any location other than the premises at which the person lives. This exception allowing a felon to possess a firearm in their home five years after the conclusion of their sentence for the purpose of self-defense.
While Forester pleaded guilty, Massey who is facing similar charges appears to be ready to fight the charges in court. Massey has also started a Facebook page called Kevin KC Massey where he and his supporters claim the prosecution is built on lies.
“The feds can’t tell the truth to save their life,” Massey wrote in his page posting a document where the group claimed to disprove the accusations.
Bob Price contributed to this article. Follow him on Twitter @BobPriceBBTX and on Facebook.