Twin Peaks motorcycle group’s records subpoenaed as new grand jury seated ...

McLennan County prosecutors subpoenaed the president of the Bandidos motorcycle gang’s Austin chapter to appear before a new grand jury that was seated Wednesday, but settled for his records from a motorcycle confederation instead.

Jimmy Graves, a Bandido who also heads the Texas Confederation of Clubs and Independents, a coalition of motorcycle groups, was subpoenaed to appear before the grand jury and to bring COC&I documents, according to Bill Smith, an attorney for the confederation.

Smith said Graves worked out an agreement Tuesday night with prosecutor Michael Jarrett to provide the documents requested in the subpoena and he was not required to be in Waco on Wednesday to testify before the grand jury.

Judge Matt Johnson of Waco’s 54th State District Court empaneled a new grand jury Wednesday morning. Those 12, plus four alternates, replace the previous grand jury that was headed by a Waco police detective. Like the previous grand jury, the new panel was selected at random from rolls of registered voters and licensed drivers, as dictated by new legislation.

There are no other plans for that grand jury — and previous foreman, Detective James Head — to meet again, the judge said.

Head being named foreman of the grand jury provided ample fodder for conspiracy buffs and biker groups, who took to social media to decry the move.

The term of the new grand jury will expire Dec. 31. The panel could be called upon to hear evidence involving the deadly May 17 shooting at Twin Peaks in which nine bikers died and 20 others were wounded. Or it could hear evidence to determine whether police officers who fired their weapons that day acted properly and within the scope of their duties.

“The prosecutor wanted documents about the Confederation of Clubs and Independents, how it was organized, what it is, minutes from meetings, things like that,” Smith said. “Those were given to the prosecutor and there was no need to testify.”

Graves was on his way to Waco on May 17 but got caught in traffic on the way up from Austin and was not at Twin Peaks when the violence erupted, Smith said.

> MORE: Answers and evidence in Twin Peaks shootout delayed by case complexity, police caution

“The Confederation of Clubs and Independents abhors violence. It is a grassroots organization that has as its mission political, social, safety and awareness issues for motorcyclists and others on the road,” Smith said. “Since this all took place at a COC&I meeting, I’m sure they just want to know a little bit more about the COC&I and its function and what role, if any, it played in all of this. I have been to COC&I meetings throughout the country and there have never been any physical confrontations or even any verbal confrontations. Everyone is welcome.”

Neither Jarrett nor McLennan County District Attorney Abel Reyna returned phone calls Wednesday.

According to court records filed since the shootout, tensions between the Bandidos and Cossacks had been increasing since the Cossacks began wearing a bottom rocker, or patch, with Texas on it rather than specific counties or towns.

According to police intelligence reports, groups wanting to wear Texas rockers must get permission from the Bandidos.

The affidavits list six incidents dating to November 2013 that foreshadowed the collision course on which the Cossacks and Bandidos motorcycle clubs, which law enforcement identify as criminal street gangs, and their support groups were traveling.

The incident erupted in Waco, according to the documents, after the meeting of the Region 1 Confederation of Clubs and Independents was moved from Austin to the Twin Peaks in Waco.

Nearly all of the recent Region 1 COC&I meetings had been held in Austin, and it is not common for members of any of the other 11 COC&I regions in Texas to attend a different region’s COC&I meeting, according to court documents.

But members of the confederation have disputed this claim, and said it is not uncommon for bikers from one region to attend meetings in other regions.

Many of the 177 bikers arrested in the Twin Peaks shootout were from outside Region 1.

The Cossacks are not members of the local COC&I and the Bandidos are. But the Cossacks consider Waco “their territory and made the decision to take a stand and attend the meeting uninvited,” according to the court documents.

“Cossacks threatened that Waco was a ‘Cossacks town’ and nobody else could ride there,” the records state. “The large number of Bandidos and their supporters showed up to the Region 1 COC&I meeting because the Bandidos wanted to have a show of force and make a statement that Waco was not the Cossacks’ town.”

Had to truncate headline...

So Reyna decided that having James Head as GJ Foreman would not look so good in this high profile case. No LE or family should ever be seated on a Grand Jury, in my opinion.

I think that decision was made months ago. I have a vague recollection of reading a report that the biker cases wouldn't be put before the GJ that had a cop as foreman. The report was part of the action when Broden filed a motion on the subject, a day or so after the cop was named to the GJ. At the time, the reports also went on that the biker cases would remain in limbo until October, when another GJ would be empaneled.

IMO, that's too long to be stand accused without specificity, but that's what Texas law allows.

I'm having a tough time figuring out what the DA wants with COCI meeting minutes. Maybe he thinks he'll find something inculpatory in there, but my guess is that this is a dry well as far as supporting the accusation of conspiracy.

Perhaps the intent is to grasp for some straw by which the records of previous meetings might be excluded from a trial.

The rhetoric from the prosecution from day one has centered on trying to portray a regularly held stogy political information meeting as being a mafia hit planning sessions. Decades of political meeting minutes call into question every decision that was made by law enforcement.

Like TG, city officials who signed off on the BATF’s mad scheme may have imagined motorcyclists to mostly be like Hell's Angels. During this time before anything goes to trial the script may have been to arrest the attendees on a blizzard of drug, petty theft, and prostitution charges, parole violations, etc... By the time of any trials the criminal deeds of the motorcycle clubs were supposed to bury the actual events at Twin Peaks in a blanket of nefarious charges occurring after the event and cloaking any wrong doing on part of the government in a air of necessity

The bikers haven't lived up to the intended narrative, and only now is it dawning on officialdom that they never will.

Jimmy Graves, a Bandido who also heads the Texas Confederation of Clubs and Independents........

Pretty much is counter to all the criminal propaganda the bike gang apologists have pushed all along.

It was very clever of COCI to regularly meet with legislators each legislative session for decades to promote motorcycle safety issues... as cover for the crowning achievement of its vast criminal enterprise - the Waco shootout.

http://txcocinews.org/legislative-day.html

“Jimmy Graves is a minor player in this mess.”

...

He is not really a minor player. He is the President of the Confederation, the meeting of which was interrupted by murder and mayhem. SO, why didn’t he testify before the Grand Jury, in defense of the Confederation and its members who went to Waco, who are now coming before the Grand Jury? Usually any Grand Jury hears mostly what the prosecution presents. Jimmy G. was invited to present commentary at least or evidence on behalf of Confederation members who went to TP, i.e. the defendants. WHY didn’t he? Seems this would have been a boon to the Confederation, to testify before the Grand Jury?? Which would otherwise hear only prosecution testimony??

I know he is soft-spoken and etc., but this seems to have been an opportunity for him to get some message out.

Why didn’t he want to testify??? Wondering.

Why didn’t he want to testify???

1. He wasn't there.
2. He is not a mind reader so he could not testify as to why anyone else was there, beyond the announced agenda.
3. He's smart enough to know that the state would try to use him to further their own narrative.
4. The state was satisfied with what he supplied.

Sounds like it might have been nothing more than a typical Texas subpoena duces tecum to produce records containing the usual language -

“YOU ARE COMMANDED to appear and produce and permit inspection and copying of the following documents or tangible things at the place, date, and time specified below:”

The vast majority of which are satisfied without the person actually physically appearing before the court or at the location of the party requesting the documents. Typically the person produces the records and appears before a notary and attests the copies they produced are true and correct.

“...The term of the new grand jury will expire Dec. 31. The panel ... could hear evidence to determine whether police officers who fired their weapons that day acted properly and within the scope of their duties....”
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Ahh...this is the first that I’ve read that this is a possibility for (one of) inclusion in the grand jury’s responsibilities. Is this to help “shape the battlefield” for the likely civil suits expected down the road? That is, for Waco authorities to be able to say something such as “well, the GJ looked at this and were satisfied that the “police officers” who fired their weapons acted properly”.

IBTG

I would have thought Graves direct testimony was needed to answer questions around the decision to move the regional Confederation of Clubs meeting from Austin to Waco.

Perhaps the documents the subpoena requested provide those answers, or at least provide enough evidence that his testimony to the grand jury isn't needed.

In any case Graves has much to lose and very little to gain by volunteering to answer questions under oath from a tough minded Waco district attorney.

Doesn't mean he won't be called to testify later if the circumstances warrant, or even indicted if it comes to light he was directing the Bandidos at Twin Peaks from behind the scenes.

Why didn’t he want to testify??? Wondering.
******************************************************************

Well, duh.... he wasn’t there. And his presence is not required as even the corrupt Waco judicial authorities have been forced to admit by not REQUIRING him to testify. And all your other FUD questions reflect either an actual or pretend lack of understanding of the GJ process. But you need to understand that, for the most part, FReepers aren’t an ignorant bunch — if you understand that you’ll be less likely to make a fool of yourself to us.

-- Why didn't he want to testify? --

In addition to the other points noted, the GJ is seated a couple hours drive away. Plus there is the general discomfort associated with contact with the legal system.

-- ... this seems to have been an opportunity for him to get some message out. --

No, he's under a gag order, and GJ is sworn to secrecy.

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