Posted on 10/30/2015 4:39:22 AM PDT by don-o
WACO -- CNN has released video footage taken the day of the Twin Peaks biker massacre.
Who leaked it to the media, remains a mystery, however. So does the effect it will have on the cases of the 170-plus bikers who were arrested on May 17th after nine people were killed in a turf war between rival biker gangs.
Waco law enforcement is standing united regarding the leak.
"It's not going to impact us 'cuz we (Waco PD) didn't release it. It's not going to impact the District Attorney's Office 'cuz they didn't release it," said Sgt. Patrick Swanton, Public Information Officer for the Waco Police Department.
CNN obtained videos, photos, and documents released Thursday which Swanton said appeared to be evidence in the Twin Peaks shooting. Evidence he said wasn't released by his department or the DA's office.
"Somebody's going to have to answer for that," said Swanton. "My guess is its going to be an attorney who got it through discovery."
Roughly 70 attorneys have been privy to discovery materials in the Twin Peaks case, materials Swanton said only affirm what he's said all along.
"You know that law enforcement did absolutely nothing to start this. I, for an individual, am so proud of those officers that responded and saw tragedy unfolding in front of their eyes in a horror that you would never imagine until you've seen the videos that we've seen," said Swanton days after the shooting on May 22, 2015. He wouldn't comment on the contents of the video Thursday because of a gag order later enforced in the case, but he would reinforce his old message.
"It's not going to hurt law enforcement's reputation, I think it's only going to bolster that or make it stronger when people realize what we've said happened, happened," said Swanton Thursday.
Video footage from dash cameras and at least one inside the restaurant show a few bikers shooting firearms, but most are running away from the gunfire. However, that doesn't mean they're innocent.
"Just because the shooting started and some of them ran doesn't absolve them of guilt in this case," said KCEN legal analyst and expert Liz Mitchell.
Mitchell explains, it's like a bank robbery.
"Some of the parties might be inside the bank, someone might be standing outside acting as a good eye or a lookout. If someone is seriously hurt or killed, and it was reasonably foreseeable that that would happen, then all of these parties are held accountable and charged with the same underlying offense," said Mitchell.
All 177 bikers were arrested for engaging in organized criminal activity, but we're still waiting on grand jury indictments where some are expected to be charged with the higher charge of murder.
District Attorney Abel Reyna said over the phone about whoever released the video, it's "sad and pathetic" to release something like that on a criminal matter of this magnitude. He also released an official statement
"The McLennan County District Attorney's Office did not release any information to anyone other than defense attorneys associated with this case. Also, I have communicated with Waco PD and I am sure that they did not release this information. Regardless of the potential violations of someone's ethical and legal obligations, we will continue to maintain our focus and not concern ourselves with other individuals' efforts to try and distract us from seeing that Justice is done in this case."
Both Reyna and Swanton are abiding by the gag order and wouldn't speak further on the Twin Peaks matter. But both believed there could be consequences for whoever was responsible for the leak according to Texas law regarding discovery rules which states that the information provided by the state to the defense cannot be disclosed to a third party.
Swanton and Mitchell both expressed worry the video leak could make it more difficult to find impartial jurors, which could lead to an unwanted change of venue from McLennan County.
However, Reyna said he was not worried.
Just saw it on CNN. Unbelievable.
Did 70 people demand an examining trial? My impression is that it was fewer than 20.
You saw a tiny peep. The real action (in the parking lot) is not shown.
I think the number was fewer than that. But at least those accused have been given discovery, and it appears that other accused have demanded discovery as well.
>>> Swanton and Mitchell both expressed worry the video leak could make it more difficult to find impartial jurors, which could lead to an unwanted change of venue from McLennan County. <<<
Would that be an “unwanted venue” where the deck is insufficiently stacked?
Anybody know if Texas still has a law against carrying in venues that primarily serve alcohol?
For those just tuning in, this story has been pretty much ignored by the msm, with a few exceptions. After an initial flurry of confusing and inconsistent pressers from Waco PD info officer, Patrick Swanton, they went silent. It was pretty clear that continuing to answer questions was going to lead to places they did not want to go.
During an examining trial which questioned whether there was probable cause to arrest, the DA (Abel Reyna) got a gag order imposed. That order was eventually overturned. Reyna appealed. That appeal is down the rabbit hole.
There is also the matter of FOIA requests. Waco has refused to comply with those.
There have been two leaks to the media that I am aware of. A previous one to AP and now to CNN
“Anybody know if Texas still has a law against carrying in venues that primarily serve alcohol?”
Yes, it still does.
IIRC if you are in the bar area of a restaurant, don’t carry.
If you are in the restaurant away from the bar, it might be OK.
But check for that “30.06” sign at the door.
30.06 is indeed the section # of the law...
The video is not a continuous stream. Impossible to draw any conclusions.
>>> Anybody know if Texas still has a law against carrying in venues that primarily serve alcohol? <<<
Texas law says that if a business posts either a “30-06” or “51%” sign then the possession of a firearm on the premises is forbidden.
The 30-06 refers to a section of the penal code and is arbitrary at the option of the owner, while the 51% indicates that 51% or more of the business consists of the sale of alcohol and is a state rule.
A new “30-07” sign will be going up soon to ban open firearm carry on the premises but does not supersede the 30-06, so concealed carry may be permitted where open carry isn’t.
We don’t dial 911, we dial 308 or 1911....
Mitchell explains, it's like a bank robbery. "Some of the parties might be inside the bank, someone might be standing outside acting as a good eye or a lookout. If someone is seriously hurt or killed, and it was reasonably foreseeable that that would happen, then all of these parties are held accountable and charged with the same underlying offense," said Mitchell.
So, if a CI/UC for the LEOs started the fracas, all the LEOs present get charged?
Didn't think so.
The bikers in the video seemed at first drawn towards the fight in the parking lot, then retreating in disarray - apparently when the shooting starts. Hard to tell without the audio. Doesn’t look like it was planned. No “Great, the fight’s started, let’s follow through with...” More like “Hey, what’s going on over there...WTF! Let’s get out of here!”
I still want to know how many Feds were there and who planned the shootout.
Keep in mind that all the Federal alphabet agencies are having their pumps primed with "intel" on who is naughty or nice by the SPLC.
This is important, imo, because Waco Chief of Police Brent Stroman stated that HIS men were sitting in their cars when the first shot was fired.
Stroman statement that has been scrubbed from Waco PD facebook
This is important, imo, because of comments that Patrick Swanton made about the PD's alleged attempts to forestall potential violence. In property seizure and probable cause hearings, officers have testified to events that indicated that the situation was escalating. Yet, they (Waco PD) were sitting in their cars.
In fairness, since we have NO TIMELINE, it is possible that only a few seconds elapsed. However, if that is the case, it still does not speak well for the cops.
And it does not account for the other agencies who were on site and what they did.
The WacoPD has also been part of some OMC investigators organization making presentations on how to deal with same. This shootout at thr TP Corral event could easily have been an operation to validate their control theories for future presentations. Either way, it will become a Case Study.
The reason nothing has been released is obvious to anyone with four neurons that still work. The autopsies show that all killed were killed by rifle fire. If the bikers started the shooting we would have seen the videos. We haven’t. QED. What is not said speaks louder than what is most of the time. The Bart Simpson defense doesn’t really work unless one is willing to believe Bart.
We will NEVER have proof that the feral gummint was involved. Anything that suggests it has been destroyed by now. Those who know about it know better than talk.
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