Skip to comments.DA won't scrub arrest record of injured biker in Twin Peaks shootout (Waco)
Posted on 04/23/2019 6:09:08 PM PDT by Elderberry
Biker Jeff Battey thought that after the McLennan County District Attorneys Office dismissed charges against him and the remaining Twin Peaks defendants, it was not too much to ask to have all records of his 2015 arrest destroyed so he could move on with his life.
It appears that wont happen. Now Battey, a former Marine who still has a bullet in his arm from the May 2015 Twin Peaks shootout, is threatening to sue the DAs office for malicious prosecution, his attorney said.
Waco attorney Seth Sutton, said a district attorneys office representative recently told him that the office would oppose Batteys motion to expunge records pertaining to his arrest after the Twin Peaks shootout on May 17, 2015.
Of the 24 remaining Twin Peaks cases that District Attorney Barry Johnson inherited when taking office in January, only three defendants were charged with murder and rioting: Battey, of Ponder; Glenn Walker, of Copperas Cove; and Ray Allen, of Krum.
The three-year statute of limitations has expired for prosecuting rioting and other possible charges stemming from the melee except for murder, which has no statute of limitations.
Johnson said Monday his office opposed Batteys expunction request in case some additional evidence surfaces down the road and they can file murder charges.
In an expunction motion, a person who has been arrested with no conviction asks a judge to order clerks, courts, local, state and possibly federal law enforcement agencies anyone with information about the arrest to destroy those records. Its like wiping the slate clean and allows a defendant to legally say he or she was not arrested.
However, in todays world, with information only a Google search away, its difficult for someone arrested in a biker shootout in which nine died to remain anonymous.
(Excerpt) Read more at wacotrib.com ...
He ,BY GOD, willor he will be held in contempt and JAILED!!
The three defendants murdered nine?
The killer cops were cleared early on. One guy was doing interperative dance with an AR fully automatic piece of chain. Meanwhile they observed another gang member stand over a downed biker and shoot him execution style but they didn’t snipe the shooter.
And they are the ones responsible for the bulk of the deaths that day. There needs to be a Federal Investigation of the all the cops who fired their weapons that day. This guy can't get off, but they are already “exonerated!” Give me a break! I still have hope that some of the accused are successful in suing Whako and MeLennan County for enough money to damned near own the place!
Except that (just as if they had tried him) they legally have to cough up the black box video and the complete ballistics.
Because of discovery they will roll over.
They opposed it “in case some evidence shows up”? What have these morons been looking for for the last few years.
Sue the pants off Waco.
Others still don’t have their property back.
This gets a Hat Tip for sure
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.