The defense team for Army Master Sgt. Christopher Grisham on Friday filed a notice of appeal to the Third Court of Appeals of Austin.
Grisham was found guilty of interference with the duties of a public servant, a Class B misdemeanor, in a second trial that ended Nov. 2.
Grisham’s first trial ended Oct. 18 with a hung jury when the six-member jury couldn’t come to a unanimous decision on his innocence or guilt.
A March 16 encounter between Grisham and Temple police Officer Steve Ermis ended up with Grisham going to jail, charged with resisting arrest. Grisham and his teenage son Chris were on a 10-mile hike and Grisham was carrying an AR-15 rifle across his chest on a sling.
Ermis responded to a non-emergency call to the Temple Police Department reporting a man with a long gun and a woman walking on Airport Road.
Ermis located the duo and decided to forcibly take Grisham’s rifle because he said he was afraid for his safety.
The charge against Grisham was later reduced to interfering with the duties of a public servant.
He was fined $2,000 for interfering with the duties of a public servant but wasn’t sentenced to jail time.
“If the appeals court decides to remand the judgment, then it goes back to Richardson with instructions on what he did wrong and how to correct it,” Rannefeld said. And there will be another trial.
A phone call to Bell County Attorney Jim Nichols wasn’t returned Friday.