Posted on 08/21/2015 4:42:00 PM PDT by mac_truck
In an opinion released Thursday, Justice Rex Davis of the 10th Court of Appeals declared that officials had sufficient probable cause to arrest two bikers after the May 17 Twin Peaks shootout in Waco.
The melee killed nine men and injured another 20, resulting in the arrest of 177 bikers, each initially held on controversial $1 million bonds on a charge of engaging in organized criminal activity.
Final autopsy reports were released last week on the nine killed in the melee, but ballistics evidence remains publicly unavailable, pending the completion of an investigation headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Both bikers involved in the ruling, Marcus Pilkington, 36, of Mexia, and Reginald Weathers, 43, of Forney, are represented by Austin attorney Adam Reposa.
Pilkington and Weathers filed applications asserting that they “were being illegally confined” and that officials lacked probable cause that the two were guilty of engaging in organized criminal activity that day.
Thursday’s ruling cites a section of the Texas Penal Code which states that a person commits the offense if, “with intent to establish, maintain, or participate in a combination or in the profits of combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following: murder, capital murder ... (or) aggravated assault.”
(Excerpt) Read more at wacotrib.com ...
When all else fails, it becomes “Nyah, nyah! I know you are but what am I?” from the Hussein Head FReaks.
Me: However, you did say that you found my posts to be mostly correct.
You: That’s not what I said, and your restatement of my remarks is another example of how you intentionally mislead. What I said @78 was “Her posts are usually but not always technically correct,
La Da Da. Sorry for not quoting you exactly verbatim word for word. Let us compare.
I paraphrased “mostly” but you actually said “usually”. Per the dictionary:
Mostly: usually, generally.
Usually: normally, generally.
I don’t see how that is misleading!.
I said “correct” while you said “technically correct”
Dictionary:
Technically: according to the facts or exact meaning of something; strictly.
I am sorry if some posters were mislead into thinking you didn’t think my posts to be according to the facts.
You omitted the second phrase in my original sentence, and that is misleading (of what I said in the first place) of it's own right.
I said, "Her posts are usually but not always technically correct, and usually but not always misleading"
You claim that "you did say that you found my posts to be mostly correct" is a functionally equivalent statement.
Whether or not you actually see a difference between the two, who care. I say you are dishonest, intellectually corrupt, and present your arguments in bad faith.
“You omitted the second phrase in my original sentence, and that is misleading (of what I said in the first place) of it’s own right.”
I omitted it as it did not add to my post. It in no way changes the fact that you said my posts are usually technically correct.
Note: I left out ‘not always’ because it adds nothing to ‘usually’. When you say ‘usually’ is implies ‘not always’.
I agree it didn't add to your post. My remark is that your post misrepresented what I said.
Rather than the two of us arguing over it (although I don't mean to discourage you from continuing to defend your representation as accurate), the readers can see the record (it's a simple case) and make up their own minds about your honesty.
Meow, meow, meow, meow, meow, meow, meow, meow
“Rather than the two of us arguing over it “
I am not arguing. I am discussing ...
Please note: I am a he. Not a she.
Meeeeeeeeeeeow.
Hahahahahaha. Maybe you should link to a dictionary for that one.
“Hahahahahaha. Maybe you should link to a dictionary for that one.”
Maybe you should. If one is arguing, it is ‘typically with the aim of persuading others to share one’s view.’
Since I have no hope of persuading you to share my view I am NOT arguing. I am merely discussing points of the conversation.
I suspect you have no hope of persuading anybody that your representation of my remark is accurate or honest.
“I suspect you have no hope of persuading anybody that your representation of my remark is accurate or honest. “
Maybe! Hi have HTR purring like a kitten!
Then why do you come off so much like a spoiled little Princess smart-ass daddy's girl (who's daddy is a cop)?
Tweets from court: Examining Trial for Lawrence Yager Via Tweeter @TSpoonFeed
August 24, 2015Covering examining trial for biker Lawrence Yager, of Buda. He is questioning whether there was probable cause to arrest him at Twin Peaks.
DPS Lt. Steven Schwartz, who testified last week at another examining trial, is on the stand now. He said when he got there, the Cossacks and their supporters were set up on the Twin Peaks patio and elsewhere.
He said the Bandidos arrived later. He said the Bandidos are identified as a Tier II level criminal street gang.
He said the Bandidos and Cossacks have had conflicts in other parts of the state before the Twin Peaks incident.
Nine were killed and 20 were wounded, he said. Afterward, he assisted in the arrests of 177 bikers at the scene.
"It was like a tornado went through a gun and knife store," Schwartz said, describing the trail of weapons found inside, outside Twin Peaks.
Under cross from defense attorney Landon Northcutt, Schwartz said he has not met Yager and has no evidence he conspired to commit crimes.
Schwartz said Yager, "by self-admission," is a member of the Bandidos.
He said the Cossacks weren't members of the coalition and were not invited to the Sunday noon meeting.
He said police were there because they knew tensions were high between the groups and they hoped to deter such a violent incident.
He said he saw Yager later at the Waco Convention Center but can't say Yager was involved in the shootout.
He said he thinks they were there for battle based on the number of guns, knives, chains and other weapons found afterward.
The rising tensions were because the Cossacks were not paying dues to the coalition of clubs and were wearing vest rockers with "Texas."
Based on the increased tensions, they moved the meeting from Austin to Waco as a show of force or message to the Cossacks, he said.
Waco PD Detective Sam Key is the next state witness.
Key interviewed Yager after he was detained. He got a search warrant for Yager's car and found handguns, rifles and shotguns inside the car.
Key is showing photos of items, including a number of firearms, found in Yager's Toyota Avalon. Yager told him he is a chaplain for the Bandidos and came to the meeting alone in his car.
He said he did not wear his cuts or vest because he wanted to seem more approachable as a chaplain to other groups.
Also, group members don't wear their cuts while driving cars, only when riding bikes, Key said. Yager told him he had two handguns on his person that day. When he was detained by police, the guns were confiscated from him.
Yager told officers he carries the .44 revolver in case the .45-caliber semi-auto. jams on him. Under cross, Key said Yager was wearing a Christian T-shirt at Twin Peaks that day. He is a concealed handgun license holder.
Yager said his home was being remodeled and he didn't want his guns stolen from his home. The detective said he was legally carrying the weapons that day.
Key said he has no evidence that Yager conspired to commit murder, assault or any crime that day.
Yager told him he also is chaplain for the VFW and the Texas Association of Vietnam Vets.
Yager told him he was talking to a member of the Escondidos, a Bandidos support group, when the shooting started.
Both sides rest.
Visiting Judge James Morgan finds sufficient probable cause to bind Yager over for grand jury.
Hearing adjourned.
Thank you for all your efforts, particularly the clarity of those, and the ping.
Hearing adjourned.
One would hope that the grand jury would recognize the key (and missing) factor as for the charge of conspiracy.
Regardless of the man being a member of the Bandidos MC, I at least, do hope that they do not transmogrify the man into being a ham sandwich.
Provided they did so, it could save everyone (including the DA's) a lot of trouble, and save of the rest of McLennan County a significant amount of tax dollar$ too.
I wonder if this one case, bringing this [ahem] chaplain into view at this juncture, instead of hosts of others who were also arrested and identically charged, is something of a signal that there are those in the DA's office who would just as soon unwind from their positions, just a wee tad?
I don't have a handle on the sentiment of the grand jury. It may be just as dishonest as the police and DA, and even though there is no evidence of conspiracy (say the state's witnesses), the grand jury may bind the accused over for trial on an accusation of conspiracy. at that point, we'd see the same arguments that happened here, happen again pretrial. If the state has no evidence, then, as a matter of law (no trial needed to test the truth of facts presented), the alleged crime has not been committed.
The DA also has some control over how matters proceed. The DA has NO OBLIGATION to present all the cases to the grand jury. IOW, The DA's may possess sentiment to limit grand jury to those who are identified as committing violence, and to skip grand jury for those where the only viable accusation is conspiracy. That approach makes sense at the grand jury stage, if there is no evidence of conspiracy.
Left to be settled in other venues would be any claims of of arrest without probable cause.
You knew that the Judge would find probable cause to bind him over. He could have done that over his table at breakfast. This is a kangaroo court from start to finish. When the trials begin, it will be a kangaroo judge with a kangaroo jury. Jesus received a fairer trial than these people will received. A Stalin Era Soviet Show Trial was more fairer than these defendants will receive. A Jew going before a People’s Judge in Nazi Germany would have gotten a fairer trial than these defendants will get. They, as much as possible, would be well served to get their affairs in order because when the trials begin, they are going away for a long time.
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