“A couple points. First, what is the distinction between “attended” and “participated?””
Attended = showed up at the restaurant that day
Participated = took part in the violent gang fight that day
“Second, the fact that a person is not arrested does not make them a non-criminal.”
True, but I say they were “non-criminal bikers” because they were not members of criminal biker gangs, not because they were not arrested. It’s the other way around. The police did not arrest those who were not members of criminal biker gangs, or their support groups. The police have specifically stated that, so I don’t think there is any need to speculate as to why they weren’t arrested.
The affidavit does not recite probable cause for taking part in a violent gang fight.
Plainly, the affidavit does not allege that Pilkington or Weathers committed one of the underlying offenses of capital murder, murder, or aggravated assault, one of the two means of committing the second main element. See TEX. PENAL CODE ANN. 71.02(a)(1) ("the person commits or conspires to commit one or more of the following"). Thus, we turn to each appellant's specific complaint that the affidavit does not allege an agreement; i.e., that he conspired to commit one of the underlying offenses ...That blockquote is from the Texas Tenth Court of Appeals, cases No. 10-15-00218-CR and No. 10-15-00219-CR, opinion dated August 20, 2015. Two out of three of the appellate judges found probable cause for conspiracy. Chief Justice Gray dissented with a note, but a separate opinion will not be issued.