Posted on 10/15/2017 7:12:10 AM PDT by Elderberry
The litigation surrounding the Twin Peaks Biker Brawl in May 2017 continues to coalesce like a black hole.
The big pieces are: The trial of Christopher Jacob Carrizal in Waco; an additional 191 unresolved criminal cases; various motions and inquiries related to the criminal cases – like the recusal motions in and the recent inquiry into whether McLennan County District Attorney Abellino Reyna committed perjury; about 100 civil complaints filed against Reyna and others for false arrest and imprisonment; and finally, the five lawsuits filed against the owners of the Twin Peak.
Four of the lawsuits against the restaurant were filed in Dallas. One was filed in Waco. They are all being litigated in Dallas as part of something called a “multidistrict litigation” or, as lawyers put it, MDL. There has not been much news to report about the litigation in Dallas for that last 18 months.
Two New Motions
In September, as reported here then, Judge Jim Jordan “dismissed with prejudice” the suit filed against the Twin Peaks by the Don Carlos restaurant on the other side of the parking lot. Yesterday that lawsuit went away officially. Both parties filed a “Joint Motion For Nonsuit” stating that “the parties have reached an agreement to settle and compromise their differences.”
Another long motion, filed by the Twin Peaks owners in suits by Yvonne Reeves and the estate of Daniel Boyett is interesting for the “identified responsible third parties” it lists.
Notably, they include:
“Each of the persons arrested and or charged with the first degree felony offense of engaging in organized criminal activity for their participation in the events of May 17, 2015…each of the McLennan County Criminal Defendants, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
“Defendants further designate as a responsible third party, the estates of: Daniel Raymond Boyett; Wayne Lee Campbell; Richard Matthew Jordan; Richard Vincent Kirshner; Jacob Lee Rhyne; Jesus Delgado Rodriguez; Manual Isaac Rodriguez; Charles Wayne Russell; Matthew Mark Smith; and any other person who sustained fatal injuries during the events of May 17, 2015…. Defendants are informed and believe that each of the Deceased Persons, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
Federal Bleed-Through
“Defendants further designate the following individuals as Responsible Third Parties: Jesse James Benavidez a.k.a. Kronic; Frederick Cortez aka Fast Fred; Justin Cole Forster; Jeffrey Fay Pike; John Xavier Portillo; Johnny Romo a.k.a Downtown Johnny; Robert Romo; and Norberto Serna, Jr. a.k.a. Hammer (collectively the “Federal Criminal Defendants”).
“Each of the Federal Criminal Defendants has been indicted in case number 5:15-cr-00820-DAE in the Western District of Texas, San Antonio Division, on multiple criminal counts….”
“These alleged law violations purportedly occurred in relation to a “war” declared on the Cossacks Motorcycle Organization, which “war” proximately caused or contributed to the violence alleged in Plaintiffs’ Original Petition. Each of the Federal Criminal Defendants, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
The Police
“Defendants further designate the Texas Department of Public Safety (“Texas DPS”), Waco Police Department (“Waco PD”), and other law enforcement agencies who were actively involved in the May 17, 2015 incident at the Restaurant (collectively “Law Enforcement”) as responsible third parties. Law Enforcement’s acts and omissions, as alleged in Plaintiffs’ Original Petition, caused or contributed to other persons to be placed in danger. Law Enforcement encouraged members of the rival motorcycle groups to attend the otherwise intended peaceable assembly at the Restaurant, thereby bringing about the violent confrontation. Furthermore, Law Enforcement’s negligent use of firearms, negligent tactics in the manner in which they responded to a confrontation of their own creation and what they now claim was a known risk of Violence, and in other respects to be determined during discovery were unforeseeable and, therefore, constitute a superseding cause of any injuries or damages actually sustained by Plaintiffs. Defendants are informed and believe that the negligence of Law Enforcement proximately caused or contributed t0 Plaintiffs’ alleged injuries and damages each of said persons, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and the fault of Law Enforcement should be apportioned among the parties by the trier of fact.”
All of this great writhing pile of legal Mongolian cluster love could have been avoided, as Houston attorney Casie Gotro pointed out in Waco court yesterday, if instead of setting up extensive video surveillance of the anticipated blood bath the police had simply warned the Confederation of Clubs about what the police knew was going to occur.
This has become so much of a boondoggle that actual justice is impossible at this point. The closest they can come to justice is to drop all charges from everyone involved - bikers and LEOs to prevent convicting of those who are not guilty. Wipe this slate clean and then start following legal/moral/ethical standards from this point on.
Sorry, but all this diversionary table pounding is simply gangsters and their supporters trying to pretend these motorcycle club drug dealing scum won’t deservedly be going to prison for a very long time.
Sorry ‘bout that.
Almost 200 people charged with serious crimes. 2-1/4 years without a single case brought to trial. The lives of those people are totally destroyed.
Millions of dollars spent in Federal, state and local investigation expense; and those who committed the murders are all still dead.
The rest are charged primarily with guilt by association with no real evidence of the Great Conspiracy upon which it all rests.
Wac(k)o-2 is what will result. Headshake.
Thanks for posting.
LOL,
You want your murdering buddies set free ...
“without a single case brought to trial.”
Trial in progress.
If you and your buddy go into a bank to rob it and he kills the guard you can be charged with murder.
“If you and your buddy go into a bank to rob it and he kills the guard you can be charged with murder.”
If you and your buddy go to a burger joint for lunch and a cop guns down your buddy do you go to prison? You f’ing idiot.
“Wipe this slate clean and then start following legal/moral/ethical standards from this point on.”
ROTFLMAO! You really expect nurturing pimping pedophiles will start following legal/moral/ethical standards?
“You f’ing idiot.”
LOL. Look who crawled out of the cracks in the floor.
The bikers say bikers shot first. Video shows bikers attacking bikers. Even this “Aging Rebel” guy has dropped the police sniper conspiracy story.
“If you and your buddy go to a burger joint for lunch and a cop guns down your buddy do you go to prison?”
More like you and your hundred armed buddies ambushed another gang at a breasturant...
“The bikers say bikers shot first. “
Bikers say cops acted professionally and saved many lives.
Without the cops we may have had innocent church-going women and children killed.
Do you really believe that justice will be done?
Proven precept that our judicial system was originally founded on the philosophy that it's better to let a hundred guilty men go free than to convict one innocent man.
May not be palatable to many but any other precept would condone tyranny by the "legal" system.
Make no mistake, he doesn't care. Because, bikers.
There are multiple problems with your logic, but, just for starters, they are not innocent!
No, we care, because at the date and time, and at the place, as specified in the indictments, these people individually and as conspiratorial gangs of people, will malice aforethought, killed people.
Bikes or no bakes, they are murderers.
It’s a shame you all have a problem with that.
You all seem to forget that a combination of;
1: The ownership of a Harley-Davidson motorcycle
2: The failure to bathe
3: A lack of an education past the 7th grade
does not constitute an affirmative defense to felony charges under Texas Statutes.
The irony...
Dudes here saying Waco would go broke with all the lawsuits!
Now we see the ‘bikers’ are beine sued!
Litigation lawyers having a field day.
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