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.
The police encouraged them to attend the meeting, which they had not done in the past. They instigated the confrontation.
liable
Generally, yes they would, but I know of at least one club here in Texas that bucked the 'rules' and lived to tell the tale.
Normally, budding clubs seek prior permission from the established senior 1%er clubs in their region to form a new club and have their insignia recognized.
This club showed up to their first council meeting wearing their new (unauthorized) colors and basically informed the council that they were already in business and not seeking anyone's permission to exist.
Surprisingly, the Council of Clubs was so impressed by their chutzpah, that they gave them their stamp of approval.
still curious about where the first shot came from and who’s bullets were deadly....I suspect they came from the cops...
One story. I'm sure they're others: richie-died-then-diesel-then-dog
The parley with the Bandidos had been set for 11 a.m., the Cossack said, but the Bandidos didn’t arrive until about 12:15, when about 100 of them pulled into Twin Peaks in a long, loud line of Harleys.
Trouble started almost immediately, he said: One of the Bandidos, wearing a patch that identified him as a chapter president, ran his bike into a Cossack standing in the parking lot.
The Cossack who was hit was a “prospect,” a man in his mid-20s who was “striving to become” a full member of the club.
“They came up really fast, and the prospect turned and faced the bikes,” the Cossack chapter president said. “He fell backward into other [parked] bikes.
The guy who hit him stopped and got off of his bike and said, ‘What are you doing? Get . . . out of my way. We’re trying to park.’ ”
Cossacks quickly jumped to the prospect’s defense, he said: “Guys were saying, ‘You’re disrespecting us,’ or, ‘We’re not backing down.’ ”
In a blink, it started, he said: “Two punches: One from them, one from us.”
A Bandido with a patch identifying him as sergeant-at-arms of the same chapter threw a punch at Richard Matthew Jordan II, 31, known as “Richie,” who was from Pasadena, Tex. Jordan punched the guy back.
“At that point in time, the sergeant in arms shot Richie point-blank,” the Cossack said.
First Two To Die
According to multiple published accounts, the first two men to die were Cossacks named Richard Matthew “Richie” Jordan II and Danny “Diesel” Boyett. Both men died five feet outside the patio where a line of Cossacks motorcycles was parked and they are difficult to spot in published photographs taken of the crime scene.
Jordan of Pasadena, Texas was the stepson of an influential Cossack named Owen Reeves. Several accounts say Reeves may have instigated the confrontation after a Bandido ran over a Cossack prospect’s foot. Published accounts say that a member of a Bandidos support club shot Jordan in the chest. Published preliminary autopsy results claim Jordan died of a gunshot wound to the head. Jordan fell back onto the sidewalk outside the patio, A photograph of Jordan taken less than an hour after his death reveals no head wound.
Boyett lived in Waco and aspired to become a motorcycle outlaw. After his death, his brother said he had learned to ride a motorcycle only a year and a half before. A lurid account in the Houston Chronicle reported that Boyett was shot twice in the back of the head after he dove for the ground and tried to crawl to safety between two motorcycles. He died within feet of Jordan. Officials in Waco have made references to “Bandidos executing Cossacks” and Boyett may be the Cossack they are talking about. Russell, Rodriguez And Campbell
The third man to die was Cossack Charles Wayne “Dog” Russell, a club regional sergeant at arms from Winona, Texas. Russell was known to the Bureau of Alcohol, Tobacco, Forearms and Explosives. About two weeks before the Twin Peaks Massacre the ATF raided a location with, according to a source, “50 agents.” Among the items seized in the raid was a photograph of Russell. Russell died about 20 feet from the Twin Peaks patio next to a blue, overturned touring bike. The bike was pointed toward the Don Carlos entrance when it fell. The autopsy results released by Waco officials state that he died of a gunshot wound to the chest.
About the same time Russell was shot, Manual Issac “Candyman” Rodriguez was shot(#4) almost within view of Don Carlos camera number 2. Russell and Rodriguez died about 20 feet apart. Rodriguez worked for Harley Davidson of Dallas in Allen, Texas and he died of unspecified wounds after apparently dismounting from his motorcycle.
The fifth man to die seems to have been a Cossack named Wayne Lee “Side Track” Campbell from Arlington, Texas. Campbell died near the registration desk and multiple reports have indicated that he was the Cossack firing a gun from the patio. The announced autopsy results state that he died of gunshot wounds to the head and trunk.
I hope they sue the bastards.Its a shame that you cant go after the DA that started all this crap.
Maybe they can,
Johnson said the investigation was botched.
“It was our position that it was mishandled by the district attorney because he went out to the scene and took the investigation away from the Waco Police Department, who had crime scene investigators on the scene,” Johnson said.
Reyna, moreover, may have waived his immunity from civil lawsuits by acting outside the scope of his duty, Johnson said.
“The investigation was hijacked from the experts, the crime scene investigators,” he said.
“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.”
I am waiting for all those “good church going people of Wacko,” to start looking longingly into their wallets for the megabucks that the bikers and their attorneys are getting ready to take. Those good church going people have been asleep at the switch when they go to the polls to elect their “leaders,” including Reyna and the police chief at the time of this travesty. The ONLY way this gets made whole for those whose lives were destroyed, or worse yet killed, is with millions of dollars coming to them. I am not a big fan of bikers, but I am a big fan of the protections in our Constitution against this kind of criminal behavior on the part of law enforcement. You $hit kickers in Whacko need to “pass the plate, and donate big!” What happened, at the end of the day is on you, because you put these crooks in office!
“You $hit kickers in Whacko need to “pass the plate, and donate big!” What happened, at the end of the day is on you, because you put these crooks in office!”
You make a big assumption that I am from Waco. I’m from Texas but not Waco. Unfortunately our country has many stupid voters who put real idiots in office. Just remember who was in office prior to our current president.
I’m no fan of Waco PD or the DA who caused all this, but there are people in Waco who bear no responsibility for this travesty. Yes, the taxpayers will be hung out to dry on this. When the one to blame it on is Reyna, the former DA.
“I’m no fan of Waco PD or the DA who caused all this, but there are people in Waco who bear no responsibility for this travesty. Yes, the taxpayers will be hung out to dry on this. When the one to blame it on is Reyna, the former DA.”
Yes, that’s surely true. We conservatives here in California get that here on FR all the time. We get “lumped in” with the rest of “The Californians!” And, as with Waco, we get to pay for the sins of the RATs who have taken over this once great state. I have no idea of the political make up of Waco. It isn’t a border city, so I doubt the people there are Hispanic majority. But someone elected Reyna and the city council, who in turn, put the leadership in the PD, so the real blame goes to the voters at the end of the day. BTW, I just looked and Reyna was a Republican.
Another version: https://www.agingrebel.com/15808
Serial Number BF1470811
If the first shot was fired by police the target was Cossack Wayne Lee Campbell. Campbell was leaning against the balcony of the Twin Peaks patio with his hands in his pockets when he was shot in the chin. The bullet and his face both fragmented. A bullet fragment and a bullet jacket fragment were removed from the front of his neck near his esophagus. Ballistics tests on the fragments performed at the Southwestern Institute of Forensic Sciences at Dallas conclude that the bullet that killed Campbell was fired from a “Bushmaster, model XM 15-E25, 5.56 x 45mm caliber select-fire rifle, serial number BF1470811.”
The rifle was one of three turned over to the forensic institute by the Waco police. Three Waco Swat officers, Andy O’Neal, Michael Bucher and Heath Jackson admitted that they had “engaged” bikers. The chain of evidence for their rifles seems impeccable and all three were briefed by police union representative before talking to detectives. All three were “no billed,” or cleared, by a Waco grand jury in September 2016. The serial numbers of the guns each officer was issued have never been made public.
Cossack Daniel Raymond “Diesel” Boyett was shot in the head as he crawled toward police. He was shot with two rifles and one of them was the same rifle that killed Campbell. Tests on two bullet fragments revealed that one fragment, “removed from right neck was identified as having been fired by the item One Bushmaster. model XM 15-E2S, 5.56 x 45mm caliberselect-flre rifle, serial number BF1470811.” Additional fragments “removed from left abdomen wall” and Boyett’s “head and left face” were conclusively identified “as having been fired by the item One Bushmaster, model XM 15-E2S, 5.56 x 45mm ealiber select-fire rifle, serial number L372190.”
Many .38s
Someone shot Cossack Richard Vincent “Bear” Kirschner, Jr. with a .38 caliber pistol in the leg as he attacked a Bandido with a length of steel chain. Someone else ran up to Kirschner while he was down and hit him in the head with what looks like a wrench. Kirschner rose again and fell near the pole camera police had installed that morning to memorialize the anticipated violence. He appeared to have been shot just before he fell a second time which would be consistent with his autopsy report. The bullet that dropped him the final time and left a large hole in his leg has never been recovered. Kirschner died at a Waco hospital. Only the .38 caliber bullet was recovered.
A Cossack named Jacob Lee “Rattlecan” Rhyne, executed Jesus Delgado “Jesse” “Mohawk” Rodriguez, who was unaffiliated with any club, by shooting him the head at close range as Rodriguez fought with Cossack Jacob Cody “J” Reese.
After he killed Rodriguez, Rhyne was shot and killed by “One Bushmaster. model XM 15-E2S, 5.56 x 45mm caliber select•fire rifle, serial number L372190, which was one of the guns used to kill Boyett. Ryhne was also shot by a projectile fired from an unidentified ,22 caliber rifle.
The lone Bandido to die, Manuel Isaac “Candy Man” Rodriguez died from two gunshots, He was struck in the head by a significantly deformed .38 caliber bullet that was recovered from his neck and he was also shot in the back where a less deformed .38 caliber bullet was recovered. It is possible that Rodriguez was shot by one of the four undercover cops in the crowd but unlikely.
Oedipal Magistratus
Cossack regional sergeant at arms Charles Wayne “Dog” Russell was shot by a small caliber round to the chest. He had numerous abrasions as if he had been in a fight or an accident. He had a large, star shaped wound on his shaved head. The path of the bullet that killed him was from his front to his back and slightly downward. The path of the bullet makes it unlikely that he was shot by an elevated sniper. A minimally deformed, approximately 15 mm long, small caliber, jacketed bullet was recovered from his vest. Russell appears to have been shot with a .22 caliber pistol. Many bikers carry either .22 caliber derringers or .22 caliber revolvers as emergency guns. Police never do.
Richard Matthew “Chain” Jordan, III, the stepson of Cossacks Nomad Owen Reeves another club regional sergeant at arms, died of gunshot wounds to the head. Two bullet fragments, identified by the forensics lab as having been fired from a .38 caliber weapon, were recovered during his autopsy.
Matthew Mark Smith was killed by one of two Bandidos using a .45 caliber pistol. Smith had a pistol in his hand when he was shot. There is significant evidence that the Bandido who killed Smith, warned him to stop and fired only after Smith fired at him.
Ballistics evidence indicates that at least four of the wounded were shot by police riflemen. One of them was Christopher Julian Carrizal, the father of Christopher Jacob Carrizal, who will be the first Twin Peaks defendant to stand trial. Among the victims Jake Carrizal is accused of assaulting, is his father.
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