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 Enforcements 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 Enforcements 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.
I don’t think my questions was stupid, and I certainly don’t believe your opinions are intelligent.
You seem to be motivated by anger and hatred, which is weird.
Yes, I am angry that a people were murdered and hate the fact that people such as you are using important websites such as FR to set those murderers free.
If that is weird to you, you might ask your parole officer for a recommendation to a qualified therapist.
I murdered and ate my therapist, or something.
Bikers say police acted professionally and probably saved many lives!
“It has been found that 4 of the dead were killed by police bullets. Should those police be charged with murder too?
Wait, dont answer that. I tire of you verbal diarrhea.”
If you pulled out a gun at a public place and start murdering people, don’t expect the cops to sit back only watch ...
Were they charged?
“You ignorance and hate is an odd fit here on FR. I dont get it.”
And defending murdering drug dealing pimping pedophiles is not odd?
Apparently, arguing with boneheads like strac & TG is "setting murderers free".
Talk about delusional! I suspect they're either huffers or glue-sniffers... ;-)
“Apparently, arguing with boneheads like strac & TG is “setting murderers free”.”
LOL! My argument: gangsters are bad.
Your argument?
“Talk about delusional! I suspect they’re either huffers or glue-sniffers... ;-) “
I think your pals have progressed on to meth!
Your trolling doesn't work on me, gater. IATG
Obviously it does since you wait around all day to respond to my posts!
LOL! You really need to get over your bad self. And thanks again for pointing how the city and county are counting on tainted juries to avoid accountability.
So, obviously, I "wait around all day to respond to [its] posts".
LOLOLOLOLOL!!!
I believe you have him pegged. LOL
LOL!
If he had me pegged ke wouldn’t waste his time with infantile posts to me.
LOL! IT’S obvious that that is why you are here!
What does that even mean?
Go away ya’ twisted incoherent freak.
LOL! You don’t fool anyone!
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