2. Shirley Pigott, on the night of September 29, 2007, was not and did not operate a “motor vehicle” or “vehicle” as that term is described by Section 541.201(23) of the Texas TransportationCode.
541.201(23) "Vehicle" means a device that can be used to transport or draw persons or property on a highway. The term does not include:(A) a device exclusively used on stationary rails or tracks; or (B) manufactured housing as that term is defined by Chapter 1201, Occupations Code.3. At no time was the private car in which Shirley Pigott was traveling ever used for thetransport of fare paying passengers, nor the delivery, for hire, of property or freight.4. Shirley Pigott, did not know and could not have known that Daniel Terronez was a peaceofficer. Terronez was not in uniform and drove an unmarked car. Shirley Pigott, a woman alone atnight, was terrorized and threatened with assault by Terronez, a man unknown to her, and fled for her life.5. Count Three of the SUPERCEDING INDICTMENT charges no crime which isrecognizable under Texas law. AUTOMOBILE and CAR are not "weapons" as that term is describedin the Texas penal code.
(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is notlimited to the following:(A) blackjack;(B) nightstick;(C) mace;(D) tomahawk.(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that isdesigned, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue publicalarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosiveweapon.(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel byusing the energy generated by an explosion or burning substance or any device readily convertible tothat use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: