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.
If you would stop having a menstrual meltdown every time the def counsel has a sissy fit because the judge rules against one of his ridiculous motions, you might have time to read the applicable Texas Statutes and case law to understand that the judge is spot on here.
Jail for a speeding ticket?
You seem to be an advocate for thug-gov "justice"...
It’s an old lawyers joke. Everyone else understood that!
“Thug justice?”
Actually, no.
I am, however, a strong advocate for murderers going to prison. Why do the supporters of these drug dealing motorcycle scum have a problem with that?
“Who isn’t innocent? “
The dudes with bandido and Cossacks patches.
“I am, however, a strong advocate for murderers going to prison. Why do the supporters of these drug dealing motorcycle scum have a problem with that?”
Because the don’t want their brothers going to prison.
No, "everyone else" did not understand your bully-gov "joke"...
As a matter of fact, you just proved that you're in favor of railroading the accused.
I don’t claim to be a lawyer by any means. I just noted that you were actually honest about the prosecutors counting on juries with a dog in this fight.
You don’t owe the defendants any presumption of innocence, you are welcome to you prejudices. The jury does.
Again, you assume something that is totally legally incorrect regarding the often misapplied “presumption of innocence” concept.
Despite what some people think, prospective jurors owe defendants a promise to consider only the evidence to be heard in court, and an ABSENCE of any presumptions of either guilt or innocence.
JURIES do NOT owe defendants a presumption of innocence, any more than they can owe the government a presumption of guilt.
The COURT owes Defs a “presumption of innocence,” but juries are expected to be neutral, not for innocence nor guilt, until all testimony is heard, depending on that testimony and admitted evidence only, and the judge’s charge to the jury is given.
Regarding that “presumption of innocence,” for prosecutors, that only lasts until LE has developed a provable case, as they have so obviously done in the instant Waco matter.
The reason these Def lawyers (and FR posters) are trying so hard to argue this case in the newspapers and “on the courthouse steps” is because they know they have such a bad case inside the courtroom. If they thought the overwhelming evidence gave them any chance before the jury, they would be making their case there, not everywhere else.
re: Your not being a lawyer. Not to be critical, but that has been so obvious from so much more than just this one post.....
“As a matter of fact, you just proved that you’re in favor of railroading the accused.”
LOL!
They should and will get a fair trial! No one here is arguing against that.
You are just trying to taint the jury pool!
We would not be here posting except to counter the false narratives we see here!
“Despite what some people think, prospective jurors owe defendants a promise to consider only the evidence to be heard in court, and an ABSENCE of any presumptions of either guilt or innocence.”
In fact, they are not found to be innocent; only not guilty as charged.
A bit of a fine distinction for the shorthand of "presumption of innocence". Yes, the jury should have no preconceived opinions about the case or any personal or financial interest in the out come. And you implied that no defendant would stand a chance in civil cases precisely because the juries will have a personal interest in the outcome.
And the little insult doesn't really bother me.
I’m sorry, but each of our posts shows how little you know about the law, which, in the case of your trying to defend these murdering, drug dealing scum, is probably a good persona to project, although in your case, it seems to not be a projected persona, but the very real you.
Since you have repeatedly demonstrated you know nothing about law, no further time will be wasted to replying to you.
“these murdering, drug dealing scum”
Murdering Charges: State/County
Drug Dealing Charges: Federal
Child Pornography Charges: TBD
I’ve come to believe TG is simply a bad person, with meanness in his heart.
Either that or a female loved one absconded with a biker.
Whatever it is, he’s got hostility.
It has been found that 4 of the dead were killed by police bullets.
Should those police be charged with murder too?
Wait, don’t answer that. I tire of you verbal diarrhea.
If I really wanted their asses, as Texas and the Feds do, I’d add Federal RICO, Texas Little RICO, Federal deprivation of Civil Rights, State drug laws, Staring With Intent To Gawk, Mopery in the 3d Degree, various associating with criminals as probation/parole violations and, of course, POPO.
4 were killed with 5.56. Cops had 5.56 AR-15. Perps had Mini-14s. Also, police with rifles were well within rights if shooting perps who were also shooting. If they did, thank God they did. It prevented more killing.
There was biker group that day who were composed solely of former Marines, who do volunteer work and raise money for charitable causes.
There was another group there composed entirely of ministers, whose goal is to spread the Gospel.
Do you want those people executed too?
You ignorance and hate is an odd fit here on FR. I don’t get it.
No, just the ones who fit the legal definition of Criminal Street Gangs under Texas Penal Code Chapter 71 and were involved in the murders there that day..
PS: Everyone gets to ask me one stupid question that I will answer. That was yours.
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