Posted on 10/11/2017 9:51:09 AM PDT by Elderberry
Tribune-Herald staff writer Tommy Witherspoon is live-tweeting from inside the courtroom in the trial of Jacob Carrizal, the first biker to be prosecuted for his alleged role in the May 17, 2015, Twin Peaks shootout.
Jury selection is underway, and opening statements are expected to be given this afternoon.
Nine people were killed and dozens injured in the melee between rival biker groups the Bandidos and Cossacks.
The judge and attorneys are talking to prospective jurors individually now. These are the ones who asked not to speak publicly about issues.
The judge is talking to the parties in chambers. They might begin calling in potential jurors who didn't want to talk about issues in public
Her last question: "Will each of you promise to give Jake Carrizal the fair trial he deserves and has been waiting so long to get?"
Gotro is asking each of the 145 or so on the panel if they will follow the law.
Gotro said a jury is allowed to disregard evidence if it finds the evidence was illegally obtained.
Gotro is asking the panel about items searched and seized without probable cause.
The gun discussion is ongoing. Gotro has really got the panel talking now, with comments on all sides of the issue.
Many say there are too many guns but they aren't comfortable with the government seizing guns from lawful owners.
Now she's got the panel in a 2nd Amendment discussion, asking if there are too many guns and if they fear the government will take them.
Gotro is saying that "technicalities" that people often chide defense attorneys for exploiting are actually important constitutional rights.
Gotro asked why someone would lie to a police officer.
Gotro is talking about the unreliability of eyewitness testimony and reasons why it can be flawed. One juror said Twin Peaks served alcohol.
Gotro is warning jurors against what she called confirmation bias, having formed an opinion and only listening to evidence that supports it.
She is asking if witnesses, including police officers, always tell the truth. One juror said it is unlikely a police officer would lie
Gotro is picking up her voir dire where she left off Tuesday evening. She is asking why defendants might not take the stand.
The parties have agreed to proceed without the missing juror, but the judge ordered deputies to continue looking for him to execute the writ
The judge told the panel that we can't proceed at this time and recessed the proceedings actually before they started.
The judge issued a writ of attachment for a no-show juror and the judge is recessing the panel until he is located.
Stay tuned. There is never a dull moment around here and you never know what is going to happen next. But you can bet it won't be ordinary.
The jury panel is coming in now and defense attorney Casie Gotro will continue her voir dire examination of the panel.
She asked the jury if they would like to hear the whole story now. She called Waco Police Detective Jeff Rogers as her first witness.
Rogers said he doesn't think the Booze Fighters are an outlaw motorcycle gang, but he said the Bandidos are. 10:14 AM - 6 Nov 2017
He said one meets the criteria he uses and one does not, saying the "criminal activity, of lack thereof." 10:16 AM - 6 Nov 2017
He said he doesn't know why the Cossacks were at Twin Peaks that day. He said he met with Mark White, a Cossack, to get information. 10:17 AM - 6 Nov 2017
He said he interviewed Mark White at the end of April or first of May 2015. 10:21 AM - 6 Nov 2017
White was arrested for unlawfully carrying a pistol and a bandana with a lock on it before Twin Peaks and later he spoke to police. 10:26 AM - 6 Nov 2017
Rogers said in May 2015, the Cossacks were wearing the Texas bottom rocker on their cuts and the Bandidos had a problem with that. 10:32 AM - 6 Nov 2017
Rogers said he also heard from sources that there was no conflict over the bottom rocker. 10:33 AM - 6 Nov 2017
Rogers also interviewed John Wilson, Cossacks president, and a Cossack named Robbins. Wilson owns Legends Cycle Shop. 10:34 AM - 6 Nov 2017
He called DPS investigators to try to determine why the Cossacks and Bandidos were having conflicts. 10:36 AM - 6 Nov 2017
He told White that for his cooperation in the case, he would personally hand his UCW case to the DA? He said that case is still pending. 10:38 AM - 6 Nov 2017
But he told the DA White was cooperating with him.10:38 AM - 6 Nov 2017
Thanks for the info ping.
In the week leading up to the Twin Peaks meeting, he was concerned that there would be violence because of previous assaults. 10:46 AM - 6 Nov 2017
Gotro is asking about a photo he received from another officer of Cossacks on motorcycles being followed by an SUV. 10:55 AM - 6 Nov 2017
On the day of the TP meeting, he asked for Waco and DPS officers to assist with gathering intelligence because there had not been a Bandidos presence in Waco for 15 years or so, he said. 10:56 AM - 6 Nov 2017
Rogers is naming the DPS and Waco PD officers who worked the meeting of May 17, 2015. He told officers there was a chance for violence. 10:59 AM - 6 Nov 2017
"I felt like the potential for a fight was pretty high," Rogers said. He thought having a police presence would prevent violence. 11:00 AM - 6 Nov 2017
He said at the time his knowledge of motorcycle groups was limited. He has since learned a lot, he said. 11:01 AM - 6 Nov 2017
Gotro is reviewing what the officers did on the morning of Twin Peaks. His testimony is repetitious to other officers called by state. 11:06 AM - 6 Nov 2017
Rogers said it made the hair on the back of his neck stand up when he saw all the Cossacks who were on the patio that day. 11:08 AM - 6 Nov 2017
Gotro asked why they didn't take some action to break up the meeting if he felt so strongly about it. 11:08 AM - 6 Nov 2017
"I don't have an answer for that, ma'am," Rogers said. 11:09 AM - 6 Nov 2017
Gotro is asking questions about his recording of a conversation with White. He said he doesn't remember specifics. 11:12 AM - 6 Nov 2017
Gotro asked if the court could take a break so Rogers could listen to the 80-minute recording to refresh his memory. 11:13 AM - 6 Nov 2017
Jarrett objected, saying Rogers is a defense witness and Gotro should have prepared him. Gotro said she was given the recording until Friday 11:14 AM - 6 Nov 2017
The judge asked Rogers to review the recording over lunch. 11:15 AM - 6 Nov 2017
Rogers said he saw the Bandidos ride in and the Cossacks flood the area and surround them. He said he was concerned for everyone's safety. 11:16 AM - 6 Nov 2017
He said he was not aware of any other groups the Cossacks had problems with. 11:17 AM - 6 Nov 2017
He said he wanted to alert him about the conflicts between the groups and to tell him about the meeting. 11:20 AM - 6 Nov 2017
He said he heard on DPS radios that the Bandidos were riding into town. 11:22 AM - 6 Nov 2017
bump,,,,,thanks for the ping,,,,,,
He said he got out of his car because he thought it was struck by several bullets. Turns out, it was the car next to his. 11:28 AM - 6 Nov 2017
"Ma'am, for the first couple of hours, I was probably in a daze, trying to absorb what had just happened," Rogers said. 11:31 AM - 6 Nov 2017
He said his phone was blowing up and he spent a good deal of time on the phone. It was a couple of hours before he set foot on the grounds. 11:32 AM - 6 Nov 2017
Later that night, he went to the Waco Convention Center but was not given instructions about what he was supposed to do. 11:39 AM - 6 Nov 2017
Twin Peaks Bikers were taken to the convention center for processing, interviews, identification. Later, 177 were jailed. 11:41 AM - 6 Nov 2017
Time for lunch break. Be back at 1 p.m. Rogers is supposed to be refreshing his memory by listening to the recording during lunch. 11:44 AM - 6 Nov 2017
thanks!
Thanks for the heads up. :)
I’m sure everyone except TG and a couple of his radical friends just want to see justice for ALL those who were guilty of a crime that day and to see those who were wrongly mistreated and arrested to make a name for an AG we don’t need to name also brought to justice. Arrested and tried as well if warranted.
Then... let the civil trials continue so lots of wrongly arrested people can get a million bucks a pop (or more) from Waco and the County.
“Unfortunately there are some on here that believe that all motorcycle clubs are gangs, and made up of gangsters and criminals - including Vets and Christian motorcycle clubs.”
Yet, the biker crowd carefully explains that the vet and christian groups MUST get the approval of the outlaw gang for their club, for their patch and things they wear, and pay a tax of some sort. Otherwise...they are in serious danger.
That about says it all.
The jury is watching the Don Carlos videos now. Rogers agreed with Gotro that the Cossacks rushed from the patio area before Bandidos parked 1:17 PM - 6 Nov 2017
Rogers said he saw tension between the groups when Bandidos tried to park and block in the Cossacks bikes. He said it was sign of disrespect 1:21 PM - 6 Nov 2017
He said he saw Waco PD SWAT officer Heath Jackson firing his rifle at one point. 1:23 PM - 6 Nov 2017
Gotro asked if he saw a man in a blue shirt in front of Don Carlos tap his head three times before the shooting started. 1:28 PM - 6 Nov 2017
She asked if he knew if tapping one's head three times has significance in the biker community. He said no.
Rogers said he saw a Cossack shove a Bandido, an arm go up and down and seconds later the first shot was fired. 1:30 PM - 6 Nov 2017
Rogers told Gotro that Carrizal had a meeting, told Bandidos to come to Waco and bring their guns, leave women at home and led a group here. 1:32 PM - 6 Nov 2017
Rogers said the trouble was sparked when Carrizal and the Bandidos rode into the parking lot. 1:33 PM - 6 Nov 2017
Gotro asked if he had no evidence that Carrizal committed crimes, how did he conclude he was in an outlaw motorcycle gang. 1:34 PM - 6 Nov 2017
He said by virtue of him being a Bandido. 1:35 PM - 6 Nov 2017
Rogers said he explained what happened at Twin Peaks and he thinks Carrizal led the group to Waco to commit crimes. No other grounds. 1:37 PM - 6 Nov 2017
Rogers said he thinks the Bandidos scheduled the COCI meeting in Waco to cause problems for the Cossacks. 1:40 PM - 6 Nov 2017
He said he was unaware the Waco City Council had declared May 2015 Motorcycle Awareness Month in Waco. 1:41 PM - 6 Nov 2017
He said by seeing the proclamation, it does not change his opinion about why the COCI meeting was held in Waco. 1:43 PM - 6 Nov 2017
Jarrett is cross-examining Rogers now. He asked if he respects White. He said no. 1:45 PM - 6 Nov 2017
He asked if Rogers, who also is charged in the Twin Peaks incident, also deserves to go to prison. He said yes. 1:47 PM - 6 Nov 2017
Rogers said he knows of other flair-ups between Cossacks and Bandidos, prompting Gotro to object, saying the Bandidos are not on trial. 1:49 PM - 6 Nov 2017
The judge called the bickering attorneys into his chambers. 1:49 PM - 6 Nov 2017
Jarrett asked Rogers if he had the authority to get a warrant before TP, to shut down the restaurant or to run the bikers out of town. 1:54 PM - 6 Nov 2017
The detective said no. 1:54 PM - 6 Nov 2017
Rogers said he does not know the man in the blue shirt in front of Don Carlos and said he was not working for Waco PD. 2:04 PM - 6 Nov 2017
Jarrett is asking Rogers when he told Carrizal to send text messages to fellow Bandidos before Twin Peaks. He said he did not. 2:06 PM - 6 Nov 2017
"That is something Mr. Carrizal chose to do," Jarrett said. 2:07 PM - 6 Nov 2017
Jarrett asked if he thought Carrizal showed up ready to win that day. Rogers said yes. 2:09 PM - 6 Nov 2017
Gotro asked if there is anything illegal about traveling to Waco with a gun. Rogers said not in general. 2:11 PM - 6 Nov 2017
He said gang members cannot lawfully carry guns, adding that Carrizal is a gang member because of the colors he wears and company he keeps. 2:14 PM - 6 Nov 2017
Gotro asked if police or a jury will determine who are gang members. Rogers said police make those determinations every day. 2:14 PM - 6 Nov 2017
Rogers said he doesn't think it would have worked to turn on sirens that day to deter the incident. He said it happened too quickly. 2:15 PM - 6 Nov 2017
Rogers said he had not heard of Carrizal before Twin Peaks. 2:19 PM - 6 Nov 2017
Jarrett and Gotro got into another argument over points of law and the judge is talking to them again in chambers. 2:35 PM - 6 Nov 2017
Gotro was asking Rogers if he remembers text messages between him and White. Jarrett objected because the document was not in evidence. 2:37 PM - 6 Nov 2017
After the meeting, Gotro withdrew her line of questioning. Before, she suggested some of the texts she received in discovery are missing. 2:38 PM - 6 Nov 2017
Jarrett asked if there are other types of gangs in Waco. Rogers said yes. 2:40 PM - 6 Nov 2017
Jarrett said the common theme in gang wars is a battle for turf and said respect is of utmost importance to them. 2:41 PM - 6 Nov 2017
Time for a recess. 2:44 PM - 6 Nov 2017
He wears a black and yellow patch that says Soldiers for Jesus with swords and a Star of David. It is a worldwide club. 3:03 PM - 6 Nov 2017
Gotro is asking him the purpose of the Coalition of Clubs and Independents. He said it keeps up with legislative and safety issues. 3:04 PM - 6 Nov 2017
Bridgeman has a long gray beard and a long gray ponytail. 3:05 PM - 6 Nov 2017
He said the Bandidos are part of the COC but don't run it. He said the Cossacks are not part of the COC. 3:08 PM - 6 Nov 2017
He said he rode his motorcycle once from Houston to Odessa for a COC meeting. 3:08 PM - 6 Nov 2017
The Soldiers of Jesus have not paid dues to the Bandidos or been pressured to do so, he said. 3:12 PM - 6 Nov 2017
He has never seen or heard of any violence at a COC meeting. 3:13 PM - 6 Nov 2017
He would be surprised to see any Cossacks at a COC meeting because they are not a part of it, he said. 3:13 PM - 6 Nov 2017
Jarrett is crossing Bridgeman now. Bridgeman said he doesn't know Carrizal but got a call from a a Houston Bandido to testify at trial. 3:17 PM - 6 Nov 2017
Bridgeman said he has brought a firearm to a COC meeting before. 3:18 PM - 6 Nov 2017
Jarrett asked what a 1 percenter group is. Bridgeman said the Bandidos are the only group to wear the 1 percenter patch in Texas. 3:19 PM - 6 Nov 2017
He said the Soldiers for Jesus don't wear 1 percenter patches. Bridgeman said he is aware of Bandidos being arrested for violent acts. 3:20 PM - 6 Nov 2017
He said very few if any Soldiers of Jesus members have ever been arrested because they are a different kind of group than the Bandidos. 3:21 PM - 6 Nov 2017
He has a patch that says his group prays for the Bandido Nation but he also said he prays for all groups. It is not a Bandidos support group 3:24 PM - 6 Nov 2017
"Interestingly enough, the Bandidos Nation is the only group you felt compelled to wear as a patch on your vest," Jarrett said. 3:25 PM - 6 Nov 2017
Bridgeman said it has no bearing on anything. 3:25 PM - 6 Nov 2017
Gotro asked Bridgeman if he has ever heard of policemen being arrested. He said yes. 3:28 PM - 6 Nov 2017
He said they took the Pray for Bandidos Nation patch off their vests because it became something it wasn't meant to be. 3:29 PM - 6 Nov 2017
Jarrett asked about the patch. Bridgeman said they took it off because it became a status symbol to some . They pray for everybody, he said. 3:33 PM - 6 Nov 2017
She is crying and taking a moment. 3:39 PM - 6 Nov 2017
Her son had a wife and three kids. They moved to Waco seven years ago. 3:39 PM - 6 Nov 2017
She is married to Owen Reeves, known as Big O. He is a Cossack. 3:40 PM - 6 Nov 2017
He joined the Cossacks in 2011. She rides motorcycles with her husband. 3:41 PM - 6 Nov 2017
She was late to the COC meeting but was planning to go to Twin Peaks. She was waiting for some other women who were late. 3:43 PM - 6 Nov 2017
She said the Cossacks were not members of the COC but she didn't know why they were going. She was waiting at Logan's and heard the shots. 3:45 PM - 6 Nov 2017
She went straight to Twin Peaks to find her son. Her husband called her and said someone shot her son. She couldn't find her son. 3:47 PM - 6 Nov 2017
She is crying again and is wiping her eyes. 3:48 PM - 6 Nov 2017
She drove from Logan's but an officer stopped her from approaching TP. She stayed for hours in the parking lot near some small businesses. 3:51 PM - 6 Nov 2017
He just got the one call from her husband, nothing after that. The next time she spoke to her husband, he called from jail. 3:51 PM - 6 Nov 2017
She said she just wanted to find her son. Her husband was hit in the back of the head and had convulsions. He went to the hospital. 3:53 PM - 6 Nov 2017
Her friend, Michelle, drove her to the hospital but an officer said she could not see him. She was checked out for stroke symptoms. 3:54 PM - 6 Nov 2017
She said her husband was in the Aryan Circle gang while in prison. 3:55 PM - 6 Nov 2017
She said her son carried a gun at times but he didn't have one with him that day. 3:57 PM - 6 Nov 2017
She said her husband is not still in the Cossacks. 3:58 PM - 6 Nov 2017
Richard, 31, was the older of her two sons. She said Reeves would have never taken them into danger. 4:05 PM - 6 Nov 2017
Gotro said there was a loaded gun by her son's body. Reeves said her son's body was dragged there. That is not where he fell. 4:06 PM - 6 Nov 2017
She said she knows her son did not have a gun that day, contradicting Gotro. Gotro said her son was national sergeant at arms. 4:08 PM - 6 Nov 2017
Reeves said the Cossacks went to Twin Peaks "for peace." 4:09 PM - 6 Nov 2017
Gotro asked if Reeves is receiving victim's services from the DA's office. Reyna objected and it was sustained. 4:10 PM - 6 Nov 2017
Gotro is asking for a continuance to review what she called delayed disclosure from the state. Jarrett objected, said her comment improper 4:14 PM - 6 Nov 2017
The judge denied her request and told Gotro to call her next witness. 4:15 PM - 6 Nov 2017
Seems like a relevant question.
The witness is William Apodaca-Fisk, a twice wounded combat veteran from Las Cruces, N.M., who is a member of a Veteran's biker group. 4:23 PM - 6 Nov 2017
He is retired from the Army after 25 years and 8 combat tours in Iraq and Afghanistan. He lost his right foot and returned to duty. 4:26 PM - 6 Nov 2017
He was injured again in a roadside explosion. He rides motorcycles now with The Squad, a veterans group. 4:28 PM - 6 Nov 2017
He is a former member of the Combat Veterans Motorcycle Assoc. He said he left them because it was a national club with rigid rules. 4:30 PM - 6 Nov 2017
Jarrett is objecting to the relevance of his testimony. The judge said he would give leeway but instructed Thomas Lane, Carrizal's attorney, to focus in on the relevance to this case. 4:31 PM - 6 Nov 2017
Fisk said when he formed the new group, he relied on the experience of the Bandidos to give advice on riding in groups and being a club. 4:33 PM - 6 Nov 2017
His group is not a Bandidos support group but wears a Bandidos support patch. He said the Bandidos did not require that. 4:34 PM - 6 Nov 2017
He also is a board adviser for a local homeless shelter, on the board for a humane society and on the mayor's council. 4:36 PM - 6 Nov 2017
Jarrett is objecting to relevance again that the witness has said nothing about Bandidos in Texas or Texas in general. 4:37 PM - 6 Nov 2017
He said he was at Fort Bliss at El Paso. He said he has participated in Bandidos toy runs and they have participated in his group's projects 4:39 PM - 6 Nov 2017
Fisk said he knows a lot of Bandidos and would not support them if they were a bunch of criminals. 4:53 PM - 6 Nov 2017
Jarrett asked if he knows how the military views the Bandidos. He said the military views them as an outlaw motorcycle gang but he disagrees. 4:54 PM - 6 Nov 2017
Frisk said if he was still in the Army, he would not be allowed to be a Bandido. 4:55 PM - 6 Nov 2017
He said he knows Zach Carrizal, Jacob's brother, but he does not know Jacob Carrizal. Zach is president of the Bandidos in Ruiodoso, N.M. 4:56 PM - 6 Nov 2017
Fisk said he is aware of Bandidos who have gone to prison for a variety of crimes. 4:58 PM - 6 Nov 2017
Despite the convictions, Fisk said he has had good experiences with the Bandidos. 5:00 PM - 6 Nov 2017
So they get to unilaterally declare who is and who is not a "street gang"?
Thanks for this, sounds like the Judge changed in his thinking, about the Defense getting shorted on info, just my take of course.
Don’t see live tweets up yet this morning.
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