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EDITORIAL: Grand jury process, trial jurors must look beyond mere symbols... [Waco]
Waco Herald-Tribune ^ | August 19, 2015

Posted on 08/19/2015 5:02:44 AM PDT by don-o

At the moment, more than a dozen examining trials are scheduled for some of the bikers arrested in the wake of the May 17 shooting melee at Twin Peaks that left nine dead and some 20 people injured. But if Monday’s hearing for a biker and his wife is any indication, we may not learn much more than many of us concluded three months ago, such as the perils of wearing colors or biker insignia when gunfire breaks out among some questionable company.

This bit of wisdom remains true: It might be your right to wear whatever biker colors you desire wherever and whenever you choose. From a strictly ideological perspective, it is, after all, your First Amendment right. But if you get caught in the middle of what at least some allege was a brawl between two rival motorcycle gangs, then from a strictly pragmatic and societal perspective, it’s quite likely you’ll be viewed with great suspicion by the police.

In the short run, that may well qualify as grounds for arrest. In the long run, that alone shouldn’t sway anyone in a jury trial or, possibly, even before a discriminating grand jury.

As Trib staffer Tommy Witherspoon reported this week, retired District Judge James Morgan ruled Waco police had sufficient cause to arrest 34-year-old Brenham resident William English and his wife, Morgan, 31, on May 17. Much of the testimony focused on the fact the Englishes wore patches or insignia deemed supportive of the Bandidos. Some describe the Bandidos as a biker club; others such as the FBI classify it as a biker gang involved in organized crime such as drugs and prostitution.

However, during Monday’s examining trial, it became obvious that at least one of the patches worn by the Englishes — a patch identifying them as part of a small club dubbed Distorted — was largely unfamiliar to law enforcement. And under questioning by the Englishes’ attorney, Paul Looney, it appears there was even concession by law enforcement that, other than having such patches and a gun locked up in their car, little in the way of evidence existed beyond the Englishes’ being on the scene of a crime with more than 200 others.

Last week’s autopsy reports of the dead in the May 17 shooting make clear the importance of symbols in the lives of some of these bikers, judging from the mix of tattoos — some divine, some profane. One who had identified himself as a Cossack and had trace amounts of methamphetamine in his system had a tattoo on his arm that read, “I can do all things through Christ, who strengthens me.” Another of the dead had the word “Lucifer” on his left forearm and the word “Satan” and an inverted cross on his lower right leg.

In the absence of more credible evidence such as a ballistics report or relevant video of the shooting, one might be tempted to count too heavily on symbols, icons and insignia as enough to indict some individuals. If justice is to be truly served in the final analysis in Waco, far more is required of law enforcement and prosecutors.


TOPICS: Miscellaneous
KEYWORDS: waco
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EDITORIAL: Grand jury process, trial jurors must look beyond mere symbols, insignia when Twin Peaks bikers are finally judged
1 posted on 08/19/2015 5:02:44 AM PDT by don-o
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To: don-o
Translation: "this has been a wholesale cock-up from the beginning and we're under scrutiny and a bad situation can get worse very quickly. If we don't gently advocate what we should have been insistently demanding all along, we run the risk of being considered part of the problem."

(spit).
2 posted on 08/19/2015 5:13:18 AM PDT by Robert Teesdale (III% | 4GW)
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To: don-o

I have an NRA sticker on my car - showing an affiliation with “a club.” I sometimes wear a hat with “NRA” on it. I almost always have a firearm with me. So does that mean if I happen to be in the parking lot of some strip mall when there is a shooting nearby the police will automatically assume I’m part of it? Great, just great. Used to be you needed this thing called evidence. Real evidence, not just circumstantial evidence. Where are the ballistics reports on the dead? Why is this taking so long?


3 posted on 08/19/2015 5:19:56 AM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: Robert Teesdale

IIRC correctly, this is just the second editorial that the Waco paper has published on the matter. They are a part of the problem for lack of aggression in digging for the truth.


4 posted on 08/19/2015 5:21:41 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

Bloah, blah, blah......................

WHO did all the shooting?
WHO was responsible for EACH AND EVERY BULLET FIRED?
WHICH bullets from WHICH gun killed who??
What were all those cops doing there in the first place??

JUST WHAT THE HELL IS GOING ON?


5 posted on 08/19/2015 5:35:24 AM PDT by Flintlock (Our soapbox is gone, the ballot box stolen--we're left with the bullet box now.)
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To: ThunderSleeps

“So does that mean if I happen to be in the parking lot of some strip mall when there is a shooting nearby the police will automatically assume I’m part of it?”

Maybe if the NRA becomes a legitimate criminal organization, and starts wars with other criminal organizations, and the shooting is a part of that war, and you are with a bunch of other armed NRA members who are involved in the violence....


6 posted on 08/19/2015 6:06:21 AM PDT by Boogieman
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To: don-o

They still running the GJ with a Waco cop as the foreman?


7 posted on 08/19/2015 6:11:26 AM PDT by Nep Nep
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To: Robert Teesdale

IBTG


8 posted on 08/19/2015 6:14:03 AM PDT by misanthrope (Liberalism; it is not unthinking ignorance, it is malignant evil.)
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To: don-o
a patch identifying them as part of a small club dubbed Distorted — was largely unfamiliar to law enforcement.

The Distorted patch didn't get them locked up. The English's were also wearing Bandido support patches. Their lawyer stated that bikers in that area felt safer displaying Bandido support logos on their riding gear. You can draw your own conclusions as to what that meant.

Enough to get arrested? Seems pretty thin to me. With 40 dead and wounded I could see detaining everybody, getting identification and pictures, doing a gunshot residue test, and then cutting people loose that didn't seem to be involved.

9 posted on 08/19/2015 6:18:00 AM PDT by USNBandit (Sarcasm engaged at all times)
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To: misanthrope

LOL!


10 posted on 08/19/2015 6:18:36 AM PDT by USNBandit (Sarcasm engaged at all times)
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To: Boogieman
Maybe if the NRA becomes a legitimate criminal organization, and starts wars with other criminal organizations, and the shooting is a part of that war, and you are with a bunch of other armed NRA members who are involved in the violence....

Kinda looks like this, doesn't it? Recognize any insignia there? Or maybe call it indicia, whatever works.



Heck, these people are legitimately engaging in armed insurrection. Sounds legitimately criminal to me.


Wanna pick sides? I hear that even if you're not interested in war, that by golly it sure is interested in you.




11 posted on 08/19/2015 6:18:56 AM PDT by Robert Teesdale (III% | 4GW)
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To: don-o
-- They are a part of the problem for lack of aggression in digging for the truth. --

The source of truth (or evidence, the truth of which each of us can weigh independently) is bottled up by the courts. I think Waco Tribune has been pretty much "on the case." Not to say the reports are all perfectly accurate, but the primary sources of information are government agents, including the involved judges.

12 posted on 08/19/2015 6:26:04 AM PDT by Cboldt
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To: Nep Nep
-- They still running the GJ with a Waco cop as the foreman? --

Yep.

13 posted on 08/19/2015 6:27:16 AM PDT by Cboldt
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To: Robert Teesdale
Or one of the private groups that patrols the US/Mexico border.

I know this case is one of gang conspiracy, but if Reyna and the Texas courts view association as sufficient basis to try for conspiracy, then the conspiracy need not be part of a criminal gang. Membership in ANY group can be used to infer agreement to perpetrate a crime, if some other member of the group acts in a way that bothers the government.

14 posted on 08/19/2015 6:31:19 AM PDT by Cboldt
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To: USNBandit
With 40 dead and wounded I could see detaining everybody, getting identification and pictures, doing a gunshot residue test, and then cutting people loose that didn't seem to be involved.

There ya go! The fact that that did NOT happen in the first week or so is what first attracted my attention to this. Why didn't it happen like that?

One reason, imo, is that Patrick Swanton was way too loose with his early briefings and set up a narrative that required the hard line that they then took.

I remain curious (and suspicious) about Feds' involvement in the matter - and whether the locals were in or out of the Feds' loop. Recall that Chief Brent Strother stated that his men were sitting in their vehicles when the first shots were fired.

15 posted on 08/19/2015 6:40:47 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: Cboldt
I know this case is one of gang conspiracy, but if Reyna and the Texas courts view association as sufficient basis to try for conspiracy, then the conspiracy need not be part of a criminal gang. Membership in ANY group can be used to infer agreement to perpetrate a crime, if some other member of the group acts in a way that bothers the government.

"Sounds like a plan," said no official ever. Right?
16 posted on 08/19/2015 6:43:57 AM PDT by Robert Teesdale (III% | 4GW)
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To: Robert Teesdale
-- "Sounds like a plan," said no official ever. Right? --

Garden variety common. Paranoia and power-tripping are positive attributes among the political and law enforcement classes.

My point in raising the "need not be a criminal gang" angle, is to rebut the contention that criminality of paying dues to an organization hinges on the criminality of the organization. Not that paying protection to the mafia makes one a mafia member either, but even if it was, that "criminality of the group" element is necessary ONLY for gang conspiracy. The same method of inferring association and participation (wearing the patch) can be used to infer conspiracy with members of ANY organization.

17 posted on 08/19/2015 6:55:42 AM PDT by Cboldt
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To: Robert Teesdale
Oh, one more point (hit post a moment too quick), the government likely view those who appeared at the Bundy Ranch as criminals too, resisting government action is a crime, yes? And expressing support for those who rallied for Cliven Bundy is involvement in the issue.
18 posted on 08/19/2015 6:57:41 AM PDT by Cboldt
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To: Cboldt
Garden variety common. Paranoia and power-tripping are positive attributes among the political and law enforcement classes.

Strips on the belt drive of the Leviathan, yes.

My point in raising the "need not be a criminal gang" angle, is to rebut the contention that criminality of paying dues to an organization hinges on the criminality of the organization. Not that paying protection to the mafia makes one a mafia member either, but even if it was, that "criminality of the group" element is necessary ONLY for gang conspiracy. The same method of inferring association and participation (wearing the patch) can be used to infer conspiracy with members of ANY organization.

I agree, that's the concern.

Oh, one more point (hit post a moment too quick), the government likely view those who appeared at the Bundy Ranch as criminals too, resisting government action is a crime, yes? And expressing support for those who rallied for Cliven Bundy is involvement in the issue.


No doubt. Maybe this is some smoking fodder for their collective pipes.


Just my $.02.
19 posted on 08/19/2015 8:09:03 AM PDT by Robert Teesdale (III% | 4GW)
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To: Cboldt
What you said[wrote] could be the reason that the Feds have not gone after Bundy and his supporters thus far. You can bet the farm they haven't forgotten them. This Waco farce, if it is allowed to stand, and it probably will be. It[ Waco] set a precedence for them to use without dirtying their hands. And what better group to use that motorcycle riders that have been portrayed as everything that is evil by both the media and Hollywood. Versus going after Bundy and his supporters who were viewed favorably by the public.

The Feds assign one or more of their agents to monitor the threads and posts on this forum and social media and sow their discord a/l/a Josef Goebbels: to wit} Shout a lie loud enough and often enough, people will believe it.

It worked with the Jews and to a certain extent, it has worked with the motorcycle riders on this forum.

20 posted on 08/19/2015 8:11:48 AM PDT by sport
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