A warrant , issued in Texas , April 2009 , was never served even though defendant was in plain sight . A DPS officer arrested the defendant in Jan . 2013 . The county never attempted to serve the warrant or contact the named defendant who has the same address named in the warrant . The delay resulted in the sheriff's office destroying the recording of defendant's call of defendant making a complaint of trespasser / suspicious person . The defendant did not know , for almost 4 years , there was a warrant , therefore didn't verify that his complaint filed . The trespasser , coming through shut gate with a no trespassing sign , said he sustained injury from the fist of the defendant . Defendant has lost his right to perfect his charge filing as well as demand medical inspection of trespasser .