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Attorneys: Waco shooting detainees could be legal liability
Killeen Daily Herald ^ | June 2, 2015 | Clay Thorp

Posted on 06/02/2015 6:26:00 AM PDT by don-o

Defense attorneys representing many of those jailed for the Twin Peaks shooting in Waco said law enforcement officials in McLennan County are overseeing an unprecedented and unlawful mass arrest of innocent bikers as more were released Monday at the behest of their attorneys.

Killeen residents Justin Nash Waddington, Ester Sandy Weaver, Walter Thomas Weaver and Zebulon Harris; Colter Bajovich and Ronald Atterbury, both of Gatesville; Daryle Walker of Harker Heights and Glenn Walker of Copperas Cove are among those in the McLennan County Jail on charges of engaging in organized crime. Each is being held on a $1 million bond.

“That was an immediate red flag,” said Josh Tetens, a defense attorney in Waco representing Roy Covey, speaking of the initial arrest of almost 200 bikers. “I think Judge Peterson said it well when he said that his sole reason for setting million-dollar bonds against so many people under the exact same charge was to ‘send a message,’ which I believe in and of itself is completely unconstitutional.”

Defense attorneys said the mass jailing of defendants has exposed McLennan County to expensive lawsuits.

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


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: waco
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To: don-o

from my google search history, it was this page, but this does not show the link it came from.

http://www.co.mclennan.tx.us/sheriff/injaillist/injail.pdf

1. This is only the ones still held as of 4 June so it does not tell the charges of the ones released. I wish I had thought of going to the jail site. I tried the County Clerk of Courts to no avail.

2. Well it is the list of everyone in the county jail as of today, but I cut and pasted from the list, the ones who were on the list of those arrested from the Waco incident. You may recognize some of the names or the date or the case number. Otherwise maybe somehow I can send you the info from my spreadsheet of those arrested that I copied and pasted this information into.

3. There are also a couple with other charges. Do not know what they mean, have had not time to investigate further.

Servus.


81 posted on 06/04/2015 4:58:13 PM PDT by AMDG&BVMH
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To: AMDG&BVMH

There’s a lot on http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.71.HTM that I cannot quite understand. But, I do not see degrees mentioned.They could have sorted this out in three days.

I won’t peruse 191 pages of jailhouse records. Did you happen to notice if anyone arrested at Twin Peaks had been charged with murder? Attempted murder? Assault with a deadly weapon?

That keeps nagging at me.


82 posted on 06/04/2015 5:16:42 PM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o

“murder? Attempted murder? Assault with a deadly weapon?
That keeps nagging at me.”

From previous experience as a victim, I learned that 1F or F1 means felony in the first degree, which is a very significant charge, requiring a certain type of sentence, per the statute; and I am not an attorney.

That is why I was wondering if there was a difference between the charge of engaging in organized criminal activity, and engaging in organized criminal activity felony in the 1st degree.

Maybe someone with legal knowledge can come in and let us know.

Perhaps, speculating because I am not expert in the Statutes,

engaging in organized criminal activity is a felony, because the specific offense would perhaps be a lesser or equal offense otherwise, without the organized criminal activity specification; but if the specified offence would constitute an offense under the . . . blah blah blah . . . sub-paragraphs of the Statute, as a felony offense in itself, under the organized criminal activity provisions of the Statute, that offense becomes a felony of the first degree.

IOW would a charge of murder, attempted murder, assault with a deadly weapon, etc., fall under the charges of engaging in organized criminal activity, felony of the first degree? I wonder why wouldn’t those charges fall under those specifications?? I do not know.

I hope someone can inform us. Perhaps the difference in specifications on the jail web site was a difference in typing in the offense, but (again, as a victim) I doubt it. There is indeed a difference between an offense and a 1F or F1 offense.

It has always bothered people, that all were charged with the exact same RICO offense. Here is at least a clue, that maybe they all weren’t.

Hoping someone can sort it out. In the mean time, the differences are recorded on my spread sheet of those originally arrested.

Servus.


83 posted on 06/04/2015 6:22:58 PM PDT by AMDG&BVMH (1)
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To: AMDG&BVMH; mac_truck

I just got this in my FRmail:

“Snyder had no criticism of how police responded or their decision to open fire.

“The police were professional, considering the situation they were in. They were professional and doing their job,” he said.”

http://www.latimes.com/nation/nationnow/la-na-nn-waco-biker-20150519-story.html


84 posted on 06/04/2015 7:41:36 PM PDT by TexasGator
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To: TexasGator

Good link, thanks. I had read of bikers not arrested, this is a good example of he and his club cooperating with the police at the scene and not being arrested.


85 posted on 06/05/2015 3:22:41 AM PDT by AMDG&BVMH
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To: don-o

Here are the first two of the bikers arrested who appear on the jail report.

ADAME,NOE 5/19/2015 ENGAGE ORG CRIM ACTIVITY
WPD 15-9146 051715-172 171079 H/M 100,000 SURETY

AIKIN,WILLIAM CHANCE 5/18/2015 ENGAGE ORG CRIM ACT-1F
WPD 15-9146 051715-2 170986 W/M 1,000,000 SURETY


86 posted on 06/05/2015 3:26:51 AM PDT by AMDG&BVMH
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To: don-o; TexasGator

This one was significantly different from all the rest.
Maybe he had outstanding warrants in Tarrant County for which he was arrested at the same time.

CHANEY,MICHAEL E 5/18/2015
AGG ASSALT D/W-F-O/C NOC TARRANT CO
1378428D 171107 W/M
5/18/2015 AST FAM/HS MEM W/PR-F-O/C NOC TARRANT CO
1393248D
5/18/2015 ENGAGE ORG CRIM ACT-1F
WPD 15-9146 051715-91 1,000,000 SURETY

This one is also different.
PESINA,DANIEL 5/19/2015 ENGAGE ORG CRIM ACT 1F
WPD 15-9146 051715-77 171136 H/M 1,000,000 SURETY
5/29/2015 BUR HAB INT AST-IND-F-O/C
NOC BEXAR CO 1527734 20,000 SURETY
5/29/2015 DWI-SOB-M-O/C NOC BEXAR CO 1527797 3,000 SURETY
5/29/2015 EVD ART/DET W/VE-SOB-M-OC NOC BEXAR CO
1527805 SURETY
5/29/2015 TAM PHYS EVD-SOB-F-O/C NOC BEXAR CO
1527806 SURETY
5/29/2015 EVAD ART/DT W/VE-SOB-M-OC NOC BEXAR CO 1527807 SURETY

The rest were charged with Engage Org Crim Activity or Engage Org Crim Activ-F1, with some having different surety amounts.


87 posted on 06/05/2015 4:00:13 AM PDT by AMDG&BVMH
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To: don-o

What I find most amusing on these threads is that a contingent of folks can’t seem to recognize that BOTH sides in this can be in the wrong. Even if the bikers are the scum of the earth, they are still entitled to the protection of our laws, because to deny that is to later deny that same protection to the innocent. Obviously no one is familiar with A Man for All Seasons anymore:

Thomas More: “What would you do? Cut a great road through the law to get after the Devil? And when the last law was down and the Devil turned round on you - where would you hide, Roper, the laws all being flat?”


88 posted on 06/05/2015 4:38:56 AM PDT by Charles H. (The_r0nin) (Hwaet! Lar bith maest hord, sothlice!)
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To: Charles H. (The_r0nin)

Nice quote. My wife alerted me to Thomas More many years ago.

It’s frustrating to see how blithely some would deprive citizens of their rights. There is a failure of imagination to not even consider how precedents get set. An unreflecting mind considers the “present emergency” only.


89 posted on 06/05/2015 4:58:00 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: AMDG&BVMH
Perhaps the difference in specifications on the jail web site was a difference in typing in the offense

I think that is the most likely explanation - sloppy data entry at the jail. It's been established that all those rounded up had identical probable cause affidavits with only the names being changed.

90 posted on 06/05/2015 6:19:26 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: Charles H. (The_r0nin); don-o

Thomas More?

Are you referring to the same Thomas More that wrote of a communist society where there was no private property and promoted ease of divorce and euthanasia?


91 posted on 06/05/2015 7:26:22 AM PDT by TexasGator
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To: TexasGator

Stop embarrassing yourself.

On second thought, carry on. Ya big dope!


92 posted on 06/05/2015 7:31:50 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o

Thomas More (Utopia)

“since they are unable to proceed with the business of life, are become a burden to themselves and all about them, and have in reality outlived themselves, they should no longer cherish a rooted disease, but choose to die since they cannot live but in great misery; being persuaded, if they thus deliver themselves from torture, or allow others to do it, they shall be happy after death.”


93 posted on 06/05/2015 7:34:34 AM PDT by TexasGator
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To: TexasGator

Buy an “o”

or keep embarrassing yourself.


94 posted on 06/05/2015 7:42:51 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o

“Nice quote. My wife alerted me to Thomas More many years ago.”

Thomas More? The executioner?

“he assumed responsibility for assisting the ecclesiastical authorities in the suppression of heresy, a direct consequence of the oath imposed on secular judges, requiring them to investigate and extirpate heresy, a survival of Henry V’s anti-Lollard legislation (CWM 6:1, 409; 8:1, 28). Six heretics were executed during his tenure of office, three with his personal involvement;”

http://plato.stanford.edu/entries/thomas-more/


95 posted on 06/05/2015 7:51:18 AM PDT by TexasGator
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To: don-o

Interesting. Thomas More was not in favor of the common citizen having his own copy of the Bible written in English!

“More’s concern about untutored access to controversial texts is made clear in A Dialogue Concerning Heresies, where he treats the issue of an English Bible: he is in favour of one, provided that both translation and circulation are controlled by the bishops and that it is handed out to those who are “honest, sad and virtuous”

http://plato.stanford.edu/entries/thomas-more/


96 posted on 06/05/2015 8:03:00 AM PDT by TexasGator
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To: Charles H. (The_r0nin)

“Thomas More: “What would you do? Cut a great road through the law to get after the Devil?”

Apparently that is just what TM did!

‘Sir Thomas was also a man who so abhorred Martin Luther’s Protestant Reformation that he burned Lutherans at the stake with great relish. One of More’s motives for hating the Protestant heretics was that they dared to read the New Testament in English rather than Latin, which was against the law in England at the time.’

http://moralcompassblog.com/2013/04/11/thomas-more-inquisitor-torturer-killer-saint/


97 posted on 06/05/2015 8:11:09 AM PDT by TexasGator
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To: Charles H. (The_r0nin)

“With the help of John Stokesley, the Bishop of London, More personally broke into the houses of suspected heretics, arresting them on the spot and sometimes interrogating them in his own home. He imprisoned one man in the porter’s lodge of his house, and had him put in the stocks. He raided the home of a businessman called John Petyt, who was suspected of financing [protestant Bible translator William] Tyndale; Petyt died in the Tower. Six rebellious Oxford students were kept for months in a fish cellar; three of them died in prison. More was now a spiritual detective, a policeman in a hair shirt, engaged in “what would now be called surveillance and entrapment among the leather-sellers, tailors, fishmongers and drapers of London.” Six protesters were burned under More’s chancellorship, and perhaps forty were imprisoned.”

http://moralcompassblog.com/2013/04/11/thomas-more-inquisitor-torturer-killer-saint/


98 posted on 06/05/2015 8:13:41 AM PDT by TexasGator
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To: TexasGator

No. A Man for All Seasons is a PLAY written in the 1950’s that touches on the rule of law and the necessity of following one’s conscience. Thomas More is a CHARACTER in the play (though based on the real person), and the words are the playwright’s, not More’s.

So, in essence, you have proven your own misunderstanding of context by attacking a quote of which you don’t understand the context.

Brilliant!


99 posted on 06/05/2015 8:17:23 AM PDT by Charles H. (The_r0nin) (Hwaet! Lar bith maest hord, sothlice!)
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To: Charles H. (The_r0nin); don-o

“No. A Man for All Seasons is a PLAY written in the 1950’s that touches on the rule of law and the necessity of following one’s conscience. Thomas More is a CHARACTER in the play (though based on the real person), and the words are the playwright’s, not More’s.”

I know that! But you apparently didn’t as you attributed it to Thomas More in your post, not to the character in the play. Also, don-0 acknowledged his compassion for Thomas More.


100 posted on 06/05/2015 8:20:56 AM PDT by TexasGator
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