Posted on 08/09/2016 5:03:34 PM PDT by Elderberry
WACO, TX (KXXV) -
On Monday afternoon, McLennan County 54th District judge Matt Johnson recessed a hearing that would determine whether to disqualify McLennan County District Attorney and some members of his office from prosecuting the Twin Peaks shootout cases.
The hearing happened after defense attorneys filed a motion for disqualification on behalf of Ray Nelson and Matthew Clendennen, two of the 177 bikers arrested and charged with engaging in organized criminal activity after the Twin Peaks shootout that left nine dead and dozens injured on May 17, 2015.
The motion Clint Broden filed on behalf of Clendennen alleges District Attorney Abel Reyna and members of his office became fact witnesses in this case when they involved themselves in the investigative decisions.
"I think there is no question [Reyna] should be disqualified. First he became a fact witness. He was at scene for 12 hours, making decisions and advocating for 177 people to be arrested. He has a clear interest of pushing these prosecutions through in order to avoid civil liability," Broden said.
Special Prosecutor Brandon Luce who used to work for the DA's Office asked Reyna to confirm there are occasions where members of the DA's office have gone to scenes to assist.
Reyna confirmed that and added when the West Fertilizer Explosion happened in 2013 and the Twin Peaks shooting occurred in 2015, he felt his presence was needed for assistance.
"I believe this motion that the defense is trying to do is baseless, frivolous, without merit. Similar to the federal litigation they filed against me that is frivolous and baseless without merit," Reyna said."I take my oath as district attorney seriously and that night we had to make a lot of decisions and the chief of police made the right call to arrest these individuals and the criteria was carefully laid out."
Sgt. J.R. Price of the Waco Police Department Special Crimes Unit said the investigation started as murder investigation but it changed to engaging in organized crime at the direction of the District Attorney’s Office.
He said the DA’s Office gave them a criteria for arrest, which was that any bikers who were Cossacks or Bandidos or those who belonged to supporting groups would be charged with engaging in organized criminal activity.
Reyna who testified during the hearing said the decision regarding the criteria for arrest was determined with input from different parties, including law enforcement officials from the Department of Public Safety, Texas Rangers and Waco Police.
During the hearing, those testifying were asked who ordered the arrests of the bikers. Price said it wasn't until a press conference in June of 2015, he learned the chief at the time, Brent Stroman, had made that call.
Stroman who was on vacation that day said when he contacted Reyna, the district attorney told him he could stand in front of a jury and prosecute everyone arrested. Reyna testified he suggested law enforcement had sufficient evidence to make an arrest and that [Stroman] would have to make the call and he would back him up.
Stroman said from the conversation he determined there was probable cause for the arrests and made the call. Stroman said he recalls only the charge of capital murder being discussed in the conversation. Stroman said he would have told the DA something if he disagreed with him.
Assistant Chief Robert Lanning who was acting chief in Stroman's absence said he wanted to allow the chief to make that call regarding the arrests because he felt the consequences of that decision would be long-lasting. However, he did say he and other assistant chiefs didn’t agree with Reyna’s recommendation to arrest everyone. He added the DA's office told him early Sunday a more appropriate charge for those arrested would be engaging in organized crime.
Stroman asked the DA’s office to take care of the legal documents regarding this case. Mark Parker with the DA’s Office testified saying the information included in the arrest affidavits came from information from different law enforcement agencies.
Reyna said he told Manuel Chavez, a Waco Police detective, to review the information included in a draft affidavit carefully. Parker also said recalling that conversation between Chavez and Reyna. However, Chavez testified he never spoke to Reyna on May 17, 2015.
"I think the big thing I noticed is that the story that most of the witnesses are telling are very different than the story Abel Reyna is telling. Abel Reyna is basically putting this back on the police and the police is saying Abel Reyna advocated for the arrest of 177 bikers," Broden said.
The detectives who testified used the word "recommended" when referring to Reyna's actions, not "advocated." Reyna himself didn't use the word "advocate" when Broden asked him whether he did that.
The motion filed to disqualify the DA also states he has financial interest in this case because Clendennen sued him for violation of civil rights.
“It is anticipate that Mr. Reyna will ultimately be held jointly and severally liable to Mr. Clendennen for a significant money judgment unless Mr. Reyna is somehow able to secure Mr. Clendennen’s conviction in this case,” the motion Broden filed states.
Reyna said during the hearing currently the Texas Association of Counties is covering up to $500,000 in legal fees and McLennan County would cover the amount after that.
"I know the federal lawsuit out there, I want to assure citizens of McLennan County, I took my oath seriously as did the prosecutors working with me and we made sure we did the right thing that night to avoid any exposure to the county, the city or me by myself," Reyna said.
While the hearing is recessed, Broden was instructed by the judge to file an inquiry into whether Reyna would would be financially responsible for a civil rights case, if he loses it. Broden wanted to the attorney representing Reyna in the civil matter to take the stand about that subject during the hearing, but he said legally he wouldn't be able to say anything without violating attorney-client privilege.
Man-O-Man... that county is sooo corrupt.
A complete flush from top to bottom is in order at this point.
Swift Justice indeed.
“Man-O-Man... that county is sooo corrupt.
A complete flush from top to bottom is in order at this point.”
And this 54th Court judge Matt Johnson is just another of the legal turds floating in the McLennan County Legal Sewage Treatment Pond.
And here it is more than a year since the incident, and we still don’t know who shot whom that day. My bet is that the cops killed most of those who died and that that’s the next “criminal procedure” that needs to take place. I’ve always wanted to know who the a$$nhole LEO with the red hair, cowboy boots and the AR was, who he worked for, and how many of the dead were by his hand!
Usually it’s very difficult to convict police for “bad shoot” when there is even a shadow of a plausibility otherwise, which makes the secrecy seem quite odd. It isn’t the fear of that kind of fate which would be motivating it. Someone doesn’t want to be known for something.
I’m not so sure many of the dead were killed by LEO’s at this point. When the bad guys started shooting and killing each other; it may be possible some were killed by LEO’s as they were getting ready to shoot someone else.
It’s not the LEO’s on the ground that concern me. It’s the cover up afterward but I too would like to know more about red boots and his role. Was he there undercover or did he get the call to show up fast and that’s just what he was wearing?
Like many scandals; it’s not the crime - it’s the cover up.
IBTG
Well, it’s not hardn to know who the cops did kill, since they were the only one’s there usin .223 rifles. I read something a long time ago that said that .223 bullets were found in five of the deceased, but I don’t remember where I saw the number. Now, some of the LEO’s may also have killed or wounded bikers with their handguns, but the ballistic tests which have been done for a very long time, are being withheld supposedly because of the upcoming trials, but I will bet you that they are being withheld because of the $hitstorm that will occur when we know who killed whom.
I agree that LEOs did a crappy job. It’s really too bad that they didn’t shoot every last drug-dealing biker dead along with all their accomplices, ass-chap worshippers, wannabes and fanboys.
Too bad you weren’t in the line of fire. Sheesh!
Records indicate LEO's fired no handguns.
Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back. Head: Medium Caliber NOT from police .223; Back: Medium Caliber NOT from police .223
Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.
Back: Medium Caliber NOT from police .223; Abdomen: Not Determined
Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back. Head: Medium Caliber NOT from police .223; Trunk: Undertermined
Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head. Head: Medium Caliber NOT from police .223
Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks. Knee: Medium Caliber NOT from police .223; Buttocks: Small Caliber .223 or .22
Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head. Trunk: Small Caliber .223 or .22
Daniel Raymond Boyett, 44, Waco, shot two times in the head. Head: Medium Caliber NOT from police .223; Abdomen: Medium Caliber NOT from police .223; Head: Undetermined
Charles Wayne Russell, 46, Tyler, shot once in the chest. Chest: Small Caliber .223 or .22
Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.Neck: Undertermined; Abdomen: Undetermined
Spaz. Arm: Not Available ... yet!
Interesting that you wish a fellow FReeper dead while you worship the drug dealing gangsters ...
You must smoke a lot of crack and mainline a lot of heroin to be so freaking stupid.
Just reading your posts ...
You say you have used meth the better part of your life too. Well that does explain it for sure ‘O toothless one. Sheesh. Get a life; maybe just a dog.
“You say you have used meth the better part of your life too. “
I never said that. It is pathetic that you would lie about that.
Obviously serving as a distraction.
Just another Friday night with TG hitting the crack pipe too hard...
“You say you have used meth the better part of your life too. “
I never said that. It is pathetic that you would lie about that.
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