Posted on 04/17/2019 6:36:00 AM PDT by Elderberry
Waco Biker Dismissals an Attempt to Avoid Millions in Lawsuits.
In the interests of justice, on April 2, 2019 all remaining charges related to the May 17, 2015 Twin Peaks shootings in Waco, Texas have been dismissed by the newly elected McLennan County District Attorney Barry Johnson. These dismissals are a significant victory in the history of motorcycle club culture and the fight against motorcycle profiling and discrimination. Although this concludes the criminal chapter of Twin Peaks, the legal battles are far from over. There are currently over 100 civil rights claims pending and the official press release announcing the dismissals makes it obvious that the new DA is attempting to cover Waco’s interests from a liability standpoint. There is no apology and no admission of wrongdoing related to the mass arrests. Instead, Johnson puts all the blame on former DA Abel Reyna, arguing that viable prosecutions could have occurred after the initial arrests had correct procedures been followed.
The stakes are massive. In total, these lawsuits are seeking hundreds of millions of dollars in damages for a list of obvious constitutional infringements from false arrest to excessive bail.
A Brief Timeline of Events
It has been nearly 4 years (May 17, 2015) since 9 bikers were killed and 20 injured, many at the hands of law enforcement, after gunfire erupted in the parking lot of a Twin Peaks restaurant in Waco preceding a scheduled Texas Confederation of Clubs and Independents meeting intended to discuss motorcycle rights issues.
Surrounded by pre-staged law enforcement obviously expecting an issue, the violence erupted after Bandidos MC members from the Dallas area pulled into the Twin Peaks parking lot. A club called the Cossacks, not members of the Texas COC&I, were already there. A verbal altercation ensued quickly followed by pushing, shoving, and then gunshots from every direction, many coming from law enforcement.
After the violence, instead of questioning and releasing witnesses, law enforcement, at the direction of the former McLennan County District Attorney Abel Reyna, used identical generic affidavits and arrested nearly 200 people charging them with Engaging in Organized Crime solely based on their association with a motorcycle club. Every individual was also held on excessive $1-$2 million-dollar bails.
After nearly 2 years, Bandidos MC member Jake Carrizal from Dallas was the first person to be tried. The trial ended in a mistrial and near acquittal after the county spent $1.5 million dollars on its unsuccessful attempt.
The End of Reyna’s Reign.
After the Carrizal trial, the McLennan County DA’s Officer began to implode culminating in Reyna’s election defeat by a 20% margin largely as a result of the grassroots efforts of Texas motorcyclists that vocally and visibly campaigned against Reyna.
After being defeated, Reyna’s administration dismissed charges against all but 24 individuals. These 24 individuals were then charged with Riot, 3 of them also being charged with murder. The sentence for Riot can be at the level of the most serious crime committed during the riot, which in this case means all 24 charged could have potentially faced life in prison.
Johnson Takes Over.
In January 2019, Barry Johnson became the new McLennan County DA and has publicly stated that he has spent 75% of his time reviewing the Twin Peaks cases. Initially, Johnson stated that most of the 24 cases would be dismissed and a handful of the most viable cases would proceed. On April 2, 2019 the number of viable cases in Johnson’s opinion is zero. It was announced that all charges against all individuals would be dismissed.
Johnson Playing CYA for Waco
Although this is a significant win for those facing charges, Johnson’s statements regarding the dismissals are in no way an apology. Johnson argues that there was reasonable suspicion for the arrest of nearly 200 people and the subsequent grand jury indictments of 154 of those arrested. Johnson is attempting to argue that the arrests were constitutional, despite the generic fill-in-the-blank nature of the affidavit. Johnson further argues that the $1 million-dollar bonds were also reasonable and justified surely in answer to lawsuits charging excessive bail in violation of the 8th Amendment.
Johnson’s statements regarding the dismissals puts 100% of the blame on Reyna’s decision- making post the arrests. Johnson argues that Reyna should have charged individuals with crimes that could be demonstrated beyond a reasonable doubt such as aggravated assault and attempted murder, charges in which statute of limitations has now run out.
Johnson contends that the Riot charges, even if successful, would unlikely survive an appeal because it was an attempt to charge a misdemeanor as a felony. The likelihood of failure at the appellate level, in Johnson’s assessment, means the only prudent decision was dismissal of all charges.
Johnson is Wrong: Arrests Were False and Bail Was Excessive.
Considering his position, Johnson’s strategy is completely understandable. Johnson feels that dismissal is demanded because of the high likelihood of failure, but that no constitutional violations occurred. No one goes to jail. Waco doesn’t go bankrupt for civil rights violations.
Although understandable, Johnson’s position is incorrect and a clearly veiled political attempt to protect against civil liability. The MPP believes that constitutional violations certainly occurred in terms of the 4th and 8th Amendments. And so do many legal scholars.
There was absolutely no particularized and specific reasonable suspicion or probable cause justifying the arrest of nearly 200 people. Absolutely none. Generic affidavits were used to initiate the arrests. Nothing specific beyond association with a motorcycle club, which does not meet the legal threshold.
It is anyone’s guess how the civil proceedings will ultimately play out. But what is certain is that we will not know for a very long time.
I hope they sue the bastards.Its a shame that you cant go after the DA that started all this crap.
The FR boot-licker contingent has been quiet lately.
Were I a jurist when the civil suits happen, I would consider a refusal on the part of the defendants to provide complete balistics reports and the complete footage from the black boxes and other cameras to be both an admission of guilt, and open defiance of the court.
I know that Reyna is being sued. If it can be proven that he usurped his authority as DA, he may still be personally libel.
At least I hope he's nailed.
“The FR boot-licker contingent has been quiet lately.”
Funny. I am a little sick of the biker worship. Were these people who dressed like LA gang members, there would be no sympathy. In CA, the bikers and the wannabes are a scourge. That is not to say they should not be prosecuted according to the letter of the law.
A couple of years ago, some biker wannabe road near a formation of Hells Angels and was run off the road and nearly killed. Wonderful people. Someone will chime in about toy drives and veteran escorts. The Sisters of Perpetual Indulgence do charity work and I’d rather my cadaver be dragged through the streets by raving Muslims than escorted by a motley band idolizing outlaws.
The whole mass of cases was so FUBAR from the get go that this was the only possible outcome.
‘and the fight against motorcycle profiling and discrimination’
I think the term should be motorcyclist. I doubt too many motorcycles go through life feeling controlled and oppressed by ‘the man’.
““The FR boot-licker contingent has been quiet lately.””
Hey PapaBear3625, I think your post awakened one of the village idiots here. Now, if TexasGator chimes in, our day will be complete. These twits can’t distinguish between people they don’t happen to like and our Constitution. Justice in this case, would be cash payouts so large that Whacko would have to be renamed “Bikerville.” And then there’s a real investigation of who actually did the killing. My bet is that the red-haired a$$hole cop with the beard and the AR 15 murdered more than one of those who died. That is the REAL issue here, beyond the egregious civil rights violations. Just who did the killing? And since the bikers didn’t have AR-15’s, anyone with a 5.56,mm in his corpse was shot by a cop. Let’s start there.
Bikers are absolutely, positively free to be idiots, and I will support that right, except where it is in clear violation of the law. They are free to dress any way they like. I absolutely love people foolish enough to buy faux German helmets and wear them. I would never object to anyone so clearly labeling themselves a fool. I love people who cover their bodies in tattoos, piercings, and wear clownish baggy clothes, people who want to dress like criminals. It makes things much easier when people label themselves.
The whole meeting was because a bunch of grown men get very upset about what clothing other men decide to wear. Sorority rules are important ya know.
And everyone claims it was an innocent meeting to discuss biker rights.
So bottom line, if someone starts a new motorcycle club and they all wear matching jackets with rockers of the color they choose that say “Texas”, and they didn’t get “permission” from the banditos, would they be in danger of being attacked or murdered?
We all know the answer. It’s the same as idiots in LA that kill each other over the color of their hats and shoes.
The new DA HAD to go on the record as saying the arrests and bonds were appropriate given that Waco and the County are being sued out the ying-yang for violations of the constitution, illegal arrest, etc. If he came out and said this was a fubar from the get-go, he would blow up any defense that the City and County had in the on-going lawsuits.
They just pulled their normal intimidation crap on a Sunday morning in a nice Christian town and paid the price. Knocking down such crap has been a grand tradition in Texas.
Comanches were roving mass murderers and had to get chaased out of town.
Oilfields and boom towns had to get settled down by the ranger guns in the early 1900s.
Mexicans raising hell and raiding and murdering in the Nueces strip during WWI had to be gunned down.
In Texas roaming menaces better be ready to get back what they dish out.
Lonesome dove said it. “. You ride with the outlaw, you die with the outlaw. Sorry, you crossed the line.”.
I hope your dentist is a member of HOG. /g
It was all a set up by the feds/local LEOs. Evil. They all should be sued down to their last dime.
“Just who did the killing? And since the bikers didn’t have AR-15’s, anyone with a 5.56,mm in his corpse was shot by a cop. Let’s start there.”
And don’t forget when and where this happened:
Twin Peaks was located on the perimeter of the largest mall in Waco, the Central Texas Market Place. Right next door was Don Carlos Mexican Food restaraunt, a Cabelas, Logan’s, etc. The shooting took place around lunch on a Sunday. Yes, the cops set up their freefire shooting zone at an area with many busy restaraunts frequented by the good church going people of Waco. The bikers just happened to choose the Hooters knockoff known as Twin Peaks. It was a wonder many innocents where not killed as I 35 and Loop 340 are on the edge of that mall. Stupid is your name, Waco PD, and especially Reyna!
Thanks for keeping up with this, Elderberry
It very well would have been, but the Cossacks, with their police under cover members, showed up to provoke a fight. The irony is that the police mostly killed Cossacks, the crew they were working with and sent there to stir up trouble.
My only question is why we can’t see the same welcoming committee for antifa when they break out into violence.
They weren’t working WITH them, they had undercovers in the gang reporting back. Banditos and Cossacks are both criminal gangs, worthy of no more deference or respect than MS-13, Sinaloa, or any other gang.
And they have nothing to do with people who enjoy Harley motorcycles...except of course when they steal their motorcycles and sell the parts.
And we are always solemnly warned that anyone why wears a patch that says “Texas” without the permission of the other sorority in the area is likely to face “trouble”.
Anyone forming a motorcycle club has to pay their dues to the confederation (run by the local dominant gang) or there will be “trouble”.
They had a gang fight on a popular restaurant row on a sunday morning in a church town. The police were prepared and blew out their lamp. They played a dangerous game and lost.
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