Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge says Twin Peaks civil lawsuits can proceed(Waco)
WacoTrib ^ | 11/30/2018 | TOMMY WITHERSPOON

Posted on 12/04/2018 7:40:09 AM PST by Elderberry

A federal judge lifted a stay Friday in the civil rights lawsuits filed by more than 100 bikers arrested after the 2015 Twin Peaks shootout in Waco and said the lawsuits can proceed.

U.S. District Judge Alan Albright’s ruling during a 40-minute teleconference with attorneys in the cases does not include the two dozen bikers with pending criminal cases in McLennan County, only those with civil suits pending whose criminal cases have been dismissed or those who were never indicted.

The lawsuits allege McLennan County, city of Waco and state officials violated the plaintiffs’ civil rights by wrongfully arresting the bikers en masse and without probable cause after the May 2015 shootout at the former Twin Peaks restaurant that left nine bikers dead and 20 wounded. About 200 bikers were arrested and 155 initially were indicted on identical engaging in organized criminal activity cases.

The bulk of those criminal cases were dismissed after McLennan County District Attorney Abel Reyna was defeated by Barry Johnson in the March Republican primary.

The lawsuits were filed in Travis County, where Senior U.S. District Judge Sam Sparks had issued a stay on the civil proceedings while state and federal criminal cases against leaders of the Bandidos motorcycle group were being played out in Waco and San Antonio.

(Excerpt) Read more at wacotrib.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: biker; mclennancounty; texas; twinpeaks; waco
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 12/04/2018 7:40:09 AM PST by Elderberry
[ Post Reply | Private Reply | View Replies]

Besides McLennan County, Reyna and the city of Waco, other defendants include former Waco Police Chief Brent Stroman; Waco Detective Manuel Chavez; Waco police officials Robert Lanning, Jeffrey Rogers and Patrick Swanton; and Department of Public Safety officials Steven Schwartz and Christopher Frost.

One of the suits also names Peaktastic Beverage, which held Twin Peaks’ liquor license; Front Burner Restaurants, the former franchise holder; and Twin Restaurant Investment Co., the restaurant chain owner.


2 posted on 12/04/2018 7:44:13 AM PST by Elderberry
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elderberry

So we’ll get a Season 4? Cool—too many questions remained at the end of Season 3.


3 posted on 12/04/2018 7:45:21 AM PST by bwest
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elderberry

To be honest, I dont have a problem with the arrests. Not really any different that arresting those participating in a riot.

However, once a person was found to not to have been carrying a gun or drugs, they should have been let go as the “riot” was over and there was no longer probable cause for holding. I place this squarely on the prosecutors office.


4 posted on 12/04/2018 7:49:54 AM PST by taxcontrol
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxcontrol
Not really any different that arresting those participating in a riot.

Compare the treatment of the bikers to, say, the Antifa protesters in DC during most any Trump speech or the Inauguration.

Vastly different in terms of tactics, results and time frames.

5 posted on 12/04/2018 8:06:08 AM PST by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: texas booster

Yep, totally agree.

And I am of the opinion that this bs of different rules is going to lead to a hot civil war.


6 posted on 12/04/2018 8:08:15 AM PST by taxcontrol
[ Post Reply | Private Reply | To 5 | View Replies]

To: Elderberry

Discovery should be interesting.


7 posted on 12/04/2018 8:25:43 AM PST by JoSixChip (He is Batman!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxcontrol

How about arrest, holding without being able to speak to a lawyer, no bail, etc.

You sir, are an idiot. It’s well known in Texas that the “law” in WACO make the Gestapo look like a sunday bake sale.

It’s about time they got their comeuppance.


8 posted on 12/04/2018 8:27:55 AM PST by BereanBrain
[ Post Reply | Private Reply | To 4 | View Replies]

To: Elderberry

IBTG

Hahahahahaha!


9 posted on 12/04/2018 8:28:13 AM PST by Rebelbase
[ Post Reply | Private Reply | To 1 | View Replies]

To: Elderberry

The wheels of justice sure spin slowly don’t they?


10 posted on 12/04/2018 9:25:40 AM PST by zeugma (Power without accountability is fertilizer for tyranny.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxcontrol

I agree.


11 posted on 12/04/2018 9:32:00 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: BereanBrain

Perhaps you did not read my full post so allow me to explain my position.

Being at the scene of a crime automatically invokes probable cause. For example, if there is a break in to a business, the alarm goes off, and when the police pull up, you are standing by the door. The arrest is correct and proper.

HOWEVER

Once it is discovered that you don’t have any wants or warrants, that you were not a participate in the criminal act, you should be set free.

The issues that you raised in this incident, subsequent to the arrest, WOULD NOT HAVE HAPPENED had the prosecution/police followed the above. In this case, arrest those at the scene and use detective work to eliminate suspects who were not involved in the altercation. This would have resulted in the vast majority of those arrested being released in a couple of days.

However, that is not what the prosecutor wanted. The prosecutor wanted his “big bust” to make his laurels / political bones. By over reaching and attempting to charge EVERYONE, the prosecution will likely lose the whole case.


12 posted on 12/04/2018 9:44:21 AM PST by taxcontrol
[ Post Reply | Private Reply | To 8 | View Replies]

To: taxcontrol

Except the vast majority of those arrested and jailed without bond weren’t participating.


13 posted on 12/04/2018 9:57:42 AM PST by bgill (CDC site, "We don't know. how people are infected with Ebola.")
[ Post Reply | Private Reply | To 4 | View Replies]

To: Rebelbase

I was afraid to click on the thread due to the pest.


14 posted on 12/04/2018 9:58:54 AM PST by bgill (CDC site, "We don't know. how people are infected with Ebola.")
[ Post Reply | Private Reply | To 9 | View Replies]

To: bgill

And the level of each person’s participation was not known at the time of the arrest. That is why it is appropriate to make the arrest, investigate and then release if and when the investigation shows that they did not participate.

Again, that is NOT what happened here and why the prosecutor’s office is in hot water.


15 posted on 12/04/2018 11:17:50 AM PST by taxcontrol
[ Post Reply | Private Reply | To 13 | View Replies]

To: bgill

tuck tail and hiding is my observation.


16 posted on 12/04/2018 2:08:04 PM PST by Rebelbase
[ Post Reply | Private Reply | To 14 | View Replies]

To: bgill
Except the vast majority of those arrested and jailed without bond weren’t participating.

Well, that IS the sticky wicket isn’t it? OTOH, 100% of the cops on scene were participating. Anyone seen a criminal charge posted on any one of them for triggering murder and mayhem?

17 posted on 12/04/2018 2:12:53 PM PST by TADSLOS (I wish Adam and Eve had been Cajuns. They would have ignored the apple and ate the snake.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: taxcontrol

The whole mess stinks.

There is video and ballistics the police won’t release....you can speculate on why.

And a “blanket” indictment and “blanket” 1 M$ each bail for 140 people? What is this THE USSR or Nazi Germany?


18 posted on 12/04/2018 3:33:44 PM PST by BereanBrain
[ Post Reply | Private Reply | To 12 | View Replies]

To: BereanBrain

Yeah, Just who murdered/wounded whom.


19 posted on 12/04/2018 5:36:08 PM PST by Paladin2
[ Post Reply | Private Reply | To 18 | View Replies]

To: BereanBrain

6 more years of “modified, limited hangout” and then a couple low level flu kids will get a wrist pat. See Kent State and Ludlow Massacre.


20 posted on 12/05/2018 2:50:25 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson