Posted on 11/18/2015 5:50:56 AM PST by don-o
Four more bikers have filed civil rights lawsuits after their arrests following the Twin Peaks Biker Shootout in May of 2015.
Robert Bucy, George Bergman, Noe Adame and Jorge Salinas have filed suit alongside Matthew Clendennen, claiming their constitutional rights were violated.
117 bikers were arrested and held on $1 million bond in the days after the shooting.
The lawsuit names Waco Police Chief Brent Stroman, Waco Police Detective Manuel Chavez, McLennan County District Attorney Abel Reyna and a currently unnamed trooper with the Department of Public Safety as defendants.
All five bikers are asking for a jury trial, damages and attorney fees.
The suit claims that the arrests of the bikers en mass were unlawful, mainly because of a "complete absence of individual, particularized facts to establish probable cause." That claim centers around "fill-in the blank" warrants that attorneys for bikers say were used against their clients.
The main contention of the case is one of constitutional rights, and has potentially crippling consequences for tax payers if the bikers are able to win in court.
Local officials and law enforcement have declined to comment in the past, due to pending litigation and a gag order on Matthew Clendennen's case.
How many billable hours does that add to their legal cost?
I have kind of understood, over the years, how sausage is made. Making "justice" is more disgusting.
Color you surprised. Clink on the links in the post you replied to, in case you didn't grasp the outcome of "technically, there are five new suits, not four" in combination with a list of suits filed.
Less than one, I'd guess. The motion is more of notice, and there aren't any precedents or arguments that need to be made. Just note the elapse of time and the pertinent CrimPro clause.
-- I have kind of understood, over the years, how sausage is made. Making "justice" is more disgusting. --
Everybody who works in the system is cynical about it.
Welcome to the casino of law! Where decisions are made on a whim and a favor, and "the house" can do no wrong.
If the precedents, statutory or constitutional law cuts the wrong way, the judges just make up a new rule.
Weren’t 9 people killed? Has anyone been charged with murder or second degree or whatever?
Yep
Has anyone been charged with murder or second degree or whatever?
Nope.
The person charged did then and there intentionally and knowingly cause the death of one or more of ten named people, and defendant used or exhibited a deadly weapon or knew that a deadly weapon would be used or exhibited; and did such as a member of a criminal street gang.
The person charged did then and there intentionally, knowingly and recklessly cause the bodily injury of one or more of twenty-four named people, and defendant used or exhibited a deadly weapon or knew that a deadly weapon would be used or exhibited; and did such as a member of a criminal street gang.
That is just bizarre.
It is. I bet the injured ones are charged with (and/or) injuring themselves.
I cited parts of the Texas Code of Criminal Procedure for the proposition that the indictments are deficient (certainly are for the "reckless" angle), but then opined that Texas Courts probably routinely accept this style.
Still no arraignments/pleas, and none appear on the docket schedule for the 19th District Court, or the docket schedule for the 54th District Court.
https://www.facebook.com/WacoPoliceDepartment/?fref=nf
Waco Police Officers Involved in Shooting Cleared by Grand Jury
A McLennan County Grand Jury met today and has completed their review of the Officer Involved Shooting that occurred on 8-11-15 at the HEB located at 3801 N. 19th street. The two officers were “No Billed†during the Grand Jury meeting.
The Waco Police Department completed two separate investigations on the incident, one of which included the assistance of the Texas Rangers. Both the administrative and the criminal investigation showed the involved officers followed department training, procedures and state law.
Upon hearing the No Bill determination, Chief Stroman stated, “Per Department protocol the two officers have been cleared by two separate and thorough investigations as is routine in officer involved shootings. These officers were forced into a life or death situation by an armed suspect and they acted in defense of themselves and others. We are appreciative of the job conducted by the Departments Investigators, the Texas Rangers, the McLennan County DA’s office and the Grand Jury in this case.â€
Both of the involved officers, Officer Fernando Flores and Rebecca Diaz will return to full duty.
List of Case numbers ...
1:2015cv01040 Bucy v. Stroman et al
1:2015cv01041 Clendennen v. Stroman et al
1:2015cv01042 Bergman v. Stroman et al
1:2015cv01043 Adame v. Stroman et al
1:2015cv01044 Salinas v. Stroman et al
So we can conclude that those are not planning to cop a plea. Right?
ROTFL. Yes, that's for sure. Looney has a good point in that copping a plea in light of being charged under a novel (and flimsy) theory of crime, may subject the involved lawyer to ethical and malpractice claims.
A lot of information on that Aging Rebel link. Do you think it should be its own thread?
How about you do it?
Nifong still makes a better verb than Reyna.
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