Posted on 10/15/2017 7:12:10 AM PDT by Elderberry
The litigation surrounding the Twin Peaks Biker Brawl in May 2017 continues to coalesce like a black hole.
The big pieces are: The trial of Christopher Jacob Carrizal in Waco; an additional 191 unresolved criminal cases; various motions and inquiries related to the criminal cases – like the recusal motions in and the recent inquiry into whether McLennan County District Attorney Abellino Reyna committed perjury; about 100 civil complaints filed against Reyna and others for false arrest and imprisonment; and finally, the five lawsuits filed against the owners of the Twin Peak.
Four of the lawsuits against the restaurant were filed in Dallas. One was filed in Waco. They are all being litigated in Dallas as part of something called a “multidistrict litigation” or, as lawyers put it, MDL. There has not been much news to report about the litigation in Dallas for that last 18 months.
Two New Motions
In September, as reported here then, Judge Jim Jordan “dismissed with prejudice” the suit filed against the Twin Peaks by the Don Carlos restaurant on the other side of the parking lot. Yesterday that lawsuit went away officially. Both parties filed a “Joint Motion For Nonsuit” stating that “the parties have reached an agreement to settle and compromise their differences.”
Another long motion, filed by the Twin Peaks owners in suits by Yvonne Reeves and the estate of Daniel Boyett is interesting for the “identified responsible third parties” it lists.
Notably, they include:
“Each of the persons arrested and or charged with the first degree felony offense of engaging in organized criminal activity for their participation in the events of May 17, 2015…each of the McLennan County Criminal Defendants, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
“Defendants further designate as a responsible third party, the estates of: Daniel Raymond Boyett; Wayne Lee Campbell; Richard Matthew Jordan; Richard Vincent Kirshner; Jacob Lee Rhyne; Jesus Delgado Rodriguez; Manual Isaac Rodriguez; Charles Wayne Russell; Matthew Mark Smith; and any other person who sustained fatal injuries during the events of May 17, 2015…. Defendants are informed and believe that each of the Deceased Persons, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
Federal Bleed-Through
“Defendants further designate the following individuals as Responsible Third Parties: Jesse James Benavidez a.k.a. Kronic; Frederick Cortez aka Fast Fred; Justin Cole Forster; Jeffrey Fay Pike; John Xavier Portillo; Johnny Romo a.k.a Downtown Johnny; Robert Romo; and Norberto Serna, Jr. a.k.a. Hammer (collectively the “Federal Criminal Defendants”).
“Each of the Federal Criminal Defendants has been indicted in case number 5:15-cr-00820-DAE in the Western District of Texas, San Antonio Division, on multiple criminal counts….”
“These alleged law violations purportedly occurred in relation to a “war” declared on the Cossacks Motorcycle Organization, which “war” proximately caused or contributed to the violence alleged in Plaintiffs’ Original Petition. Each of the Federal Criminal Defendants, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and their fault should be apportioned among the parties by the trier of fact.”
The Police
“Defendants further designate the Texas Department of Public Safety (“Texas DPS”), Waco Police Department (“Waco PD”), and other law enforcement agencies who were actively involved in the May 17, 2015 incident at the Restaurant (collectively “Law Enforcement”) as responsible third parties. Law Enforcement’s acts and omissions, as alleged in Plaintiffs’ Original Petition, caused or contributed to other persons to be placed in danger. Law Enforcement encouraged members of the rival motorcycle groups to attend the otherwise intended peaceable assembly at the Restaurant, thereby bringing about the violent confrontation. Furthermore, Law Enforcement’s negligent use of firearms, negligent tactics in the manner in which they responded to a confrontation of their own creation and what they now claim was a known risk of Violence, and in other respects to be determined during discovery were unforeseeable and, therefore, constitute a superseding cause of any injuries or damages actually sustained by Plaintiffs. Defendants are informed and believe that the negligence of Law Enforcement proximately caused or contributed t0 Plaintiffs’ alleged injuries and damages each of said persons, acting individually or in concert with others, proximately caused or contributed to Plaintiffs’ alleged injuries and damages, if any, and the fault of Law Enforcement should be apportioned among the parties by the trier of fact.”
All of this great writhing pile of legal Mongolian cluster love could have been avoided, as Houston attorney Casie Gotro pointed out in Waco court yesterday, if instead of setting up extensive video surveillance of the anticipated blood bath the police had simply warned the Confederation of Clubs about what the police knew was going to occur.
It’s all table pounding.
The fools on this issue do not realize that in order for these motorcycle scum to win in a civil trial, and collect any damages, they would have to convince all the local taxpayers on a jury (or at least an overwhelming majority) that they, the jurors, should raise their own taxes, and the taxes of their friends, neighbors, co-workers, etc, to pay free money to a bunch of drug dealing motorcycle scum.
You could get better betting odds on Frances The Talking Mule winning the Kentucky Derby next year than on this deal!
I’m sorry, I guess I’m behind here. I’ve missed the convictions in a court of law of any of these people.
Wow. So you're saying that these people have a vested interest in the outcome of the trials? How can they possibly be "impartial" jurors?
...to pay free money to a bunch of drug dealing motorcycle scum.
Obviously you have no preconceived opinions here. So you consider jury awards for violations against people "free money" based on your personal judgments of them?
There is no such required assumption outside the court system... and these scum are guilty as sin... and will spend decades in prison due to their guilt.
You don't have any problem with these drug-dealing murderers going to prison, do you?
No, had you not tried to twist my words, you would realize that no jury is going to tax itself to pay free money to drug dealing motorcycle scum, such as these drug dealing motorcycle scum.
Would you?
Anyone who thinks they would is a fool, or a drug dealing motorcycle scum. I wonder which some of the posters here are?
Not if they committed felonies. And there are probably a dozen or so who did. Certainly not 200. And I guess I missed the charges of drug distribution. Who is charged with that in these cases?
I didn't twist anything, those were your words and you've repeated the here. If that is a consideration then they are by definition not "impartial". That is good reason to move the trials and if the officials of WACO and McClennan county did in fact violate defendants rights, those taxpayers should damn well pay for the actions of people they voted for.
Strongly suggest u review Texas statutes dealing with Criminal Street Gangs and Conspiracy before u announce any of them innocent of any felony
Where do think you would find ANY jury that would award of these scum ANYTHING other than decades in prison?
Their purpose here is propaganda to influence public opinion portraying government as evil and outlaws as victims.
Any gang member there that day committed multiple felonies.
They are really Bill and Hillary?!?!?!
Twould gangs had a gunfight and dudes died and you don’t think they are guilty of felonies?
LOL!
Tell your buddies to keep their gunfights out of Waco if they don’t want to go to trial in Waco ...
“And I guess I missed the charges of drug distribution. Who is charged with that in these cases? “
Heavily discussed by me in an earlier thread. BTW, those are federal chargers!
Maybe any jury who is charged with considering the facts, and not their own wallets as you suggested. I don't know what kind of lawyer you are, but I don't blame you for being a little embarrassed by what you suggested out loud here about the jury.
You can call them scum all you want, and some might well be, but most are just motorcyclists. In either case they are entitled to a PRESUPTION of innocence and their day in court. And a right to a speedy trial (you may recall that from law school if you weren't absent that day). I question your fitness for the bar, you seem as unhinged as your buddy here who I will just ignore. As to this date, not one "scum" has been convicted, the Texas government look to be the bigger "scum" so far and it has been two years plus. Good thing the "good citizens" of Waco have bottomless pockets to drag this out because most of the defendants don't and that is how corrupt governments beat people into submission.
So I take that back. Since you are good with that kind of corrupt bullshit, I know exactly what kind of lawyer you are.
Again you get a Thanks for the updates.
More table pounding in defense of very guilty motorcycle club drug dealing scum.
Here is the bottom line to your legal foolishness. A large group of Criminal Street Gang conspirators, (as defined by Texas statute) comes into town and murdered some people. You want the citizens of that town to pay some sort of monetary damages to those murderers because you believe their rights were violated, all because you believe every incredulous internet rumor and wild, legally baseless defense lawyer claim about the case.
What amazes me the most is how you don’t really have any idea of how little you know about how the law really works. Like many jailhouse lawyers, you love to throw around legal phrases with no understanding of their meaning.
But most like you at least have a core understanding of their lack of legal understanding.
You, on the other hand, know nothing, and believe you know it all.
Knew a fellow like you who once argued his 40 in a 25 speeding ticket in a Village Magistrate’s Court. Got himself off with 5 years, was out in 3 with good behavior. :)
Ahhhh - that explains his "your pedophile friends" (or some such crap) comment. Maybe someone revved up a Harley near him when he was young and he messed himself - felt defiled.
Thanks
Who isn’t innocent? After all this time, questionable rulings by the “judge” against the defense, no real sense of who did or didn’t do what (bikers/LEO/Feds). This stinks like WACO/Ruby Ridge/Bundy and family type government/Police bollix/overreach.
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