Actually, I was simply going to say “No” to your demand, but
If I was the DA, I would use PCSOT 71 to get all linked into a “Street Gang” and PCSOT 15 to charge conspiracy to distribute drugs.
I would have plenty of roll-over members/associates to testify that members of the PCSOT Street Gangs, AND ALL THOSE RIDING WITH THEM (women on back of bikes) knew gang distributed drugs and was intending to do so that day, and as a result, although unplanned, unanticipated and perhaps even unwanted, a homicide occurred. That gives me my murder indictments. Would I get murder convictions on all? No, but I would on a bunch of them.
Remember, if DA did not have a chance to make these charges stick, appeals-level courts would have intervened and dismissed long ago.
#1, I am not saying he will get all convictions, but felonies were committed that day BEFORE the shootout (ongoing distribution of meth, etc.)
#2, Felonies were committed during shootout.
#3, People in McClennon County are pizzed and this is not going to go away. They want their pound of flesh, and like it or not, the DA is on sound legal ground. If not, it would have been dismissed months ago. All the BS accusations against DA will only force him to work harder to get convictions.
Regarding convictions, right now, even without a trial, I’ll bet 12 locals would be ready to convict!
Def will demand, and should get a COV, but it won’t matter. The case isn’t gong to a urban county. It will go to another county like McCelennon and when it does, the line of lawyers trying to get roll over deals for the defs will wrap around the courthouse 3 times.
Like it or not, these gangs were looking for trouble, as they usually are, and they found it, not so much in the parking lot of the brestaurant, but from Texas law.
PS, I sent you FReep mail as you requested.
Uh, but nobody much went there intent on "distributing drugs".
It does not matter if some number of individuals at other times and places conspired to "distribute drugs".
So ---you would strong-arm them into telling LIES so that you could win convictions (while smugly smiling, "suborning perjury -- who, me?")
You should be horsewhipped, then run out of town on a rail. You also should possibly be stripped of whatever license to practice law you may have in whichever State you may hold license (then horsewhipped and run out of town on a rail).
The prosecutor in a criminal case shall:(a) refrain from prosecuting or threatening to prosecute a charge that the prosecutor knows is not supported by probable cause;
You missed the first gate, again. You are hereby disqualified to prosecute anyone.
I did not "request" that you do so.