[Crystal Palace East]

I’m sorry, but you wrong.

I’m not “smugly making assertions.” it’s something called “The Law.”

Since you are familiar with the case, please educate us all:

!: What is each person charged with?

2: What is the evidence that person committed that crime?

3: What is the bail set on that charge?

4: If excessive, Why haven’t the individual def’s lawyers argued to have it reduced?

5: What are the other factors in each case in setting bail? Prior convictions? Flight risk? Community ties?

As you know the case, these are all simple questions, that if the answers are as you say they are, prove your case.

Absent them, It’s all courthouse crying.

It’s up to you.

[Cboldt]

-- 1: What is each person charged with? --

"as a member of a criminal street gang, commit or conspire to commit murder, capital murder, or aggravated assault"

-- 2: What is the evidence that person committed that crime? --

There are 177 people accused, identically. The evidence against each one of those 177 probably varies in fact, but you wouldn't know it by reading the complaint(s). No specific evidence is recited in ANY of the complaints.

-- 3: What is the bail set on that charge? --

The bail was originally set at 1 million dollars, for each individual.

-- 4: If excessive, Why haven't the individual def's lawyers argued to have it reduced? --

Many of them have, and bond reductions were granted.

-- 5: What are the other factors in each case in setting bail? --

The starting point for setting bail, in Texas, is Article 17.15 of the Texas Code.

Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:

1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with .
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.

4 of the 177 remain incarcerated. 3 of the four have pending charges in other jurisdictions. The fourth has an offer from the prosecutor for $100,000 bail, but can't afford it. I don't believe the fourth has been before a judge on bail reduction, as the record shows him under $1,000,000 bail.

[Cboldt]

-- 2: What is the evidence that person committed that crime? --

My previous answer was factually incorrect. There isn't absence of evidence. The deficiency is that the evidence doesn't satisfy the elements of the crime accused.

The evidence on some of these points is non-uniform, for example, "wearing common identifying distinctive signs or symbols" doesn't attach to each individual, some of those arrested were wearing street clothes.

Also, caveat emptor, if you want to know what the complaint says, get a copy of the complaint. I'm paraphrasing, and there is always an argument (and indeed a possibility) that my paraphrase is misleading, incomplete, biased, or otherwise bogus and to be dismissed.

• There is a generic recitation of the incident, three or member of one club in a fight with others, weapons brandished, shooting, Waco police shooting hitting some members of the gangs, nine deaths, multiple injuries.
• Texas maintains a database that identifies the Cossacks & associates, and Bandidos & associates to be criminal street gangs
• "the subject was apprehended while wearing common identifying signs or symbols -or- had an identifiable leadership or continuity -or- regularly associate in the commission of criminal activities" [directly from complaint, typos are mine]
• "After the altercation, firearms, knives or other unknown edged weapons, batons, clubs, brass knuckles, and other weapons were recovered from members and associates of both criminal street gangs" [again, and again typos all mine]
• "Multiple motorcycles with common identifying signs or symbols of the Cossacks and Bandidos and their associates were recovered at the scene. Additional weapons including: firearms, ammunition, knives, brass knuckles, and other weapons were found on the motorcycles." [again, and again typos are mine]

With regard to the accusation of "conspiracy," there is no claim of agreement between any two persons.

Apologies for the previous, incorrect answer. Was typing in a hurry, and allowed my conclusion (no evidence particularized to an individual) to affect the answer, "no evidence recited in the complaint." There is evidence recited in the complaint. After study and deliberation, I find it deficient as a matter of law.