Biker shot at Twin Peaks sues restaurant, police, sheriff

A biker who was shot during the May 2015 Twin Peaks shootout but not arrested filed a lawsuit Tuesday in an attempt to recover his medical expenses.

William Richardson, of Lexington, was shot in the lower torso during the melee at Twin Peaks and is listed in the criminal indictments as one of about 20 victims of the 155 indicted bikers.

Richardson's attorney, Matthew Wright, of Rosebud, said Richardson, an employee of the Texas A&M University transportation division, underwent surgery and was hospitalized.

“Mr. Richardson had medical expenses from being shot," Wright said. "The lawsuit was filed to protect his rights regarding his injury claim."

Richardson's suit, filed in Waco's 74th State District Court, names as defendants Twin Peaks Investment; Front Burner Restaurant GP; former Waco Police Chief Brent Stroman; Waco police Detective Manuel Chavez; McLennan County Sheriff Parnell McNamara; and an unknown officer identified in the lawsuit as John Doe.

The suit alleges officials at Front Burner, which operated the Waco Twin Peaks franchise, were warned by law enforcement before the Sunday afternoon meeting of the Texas Confederation of Clubs & Independents of increasing friction between the Bandidos and Cossacks motorcycle groups but hosted the meeting anyway.

The restaurant, which never reopened after the shootout, "went ahead with the promotion and hosting of the COC meeting in the hopes of securing profit, regardless of the potential loss of life or injury to people in attendance," the suit alleges.

The lawsuit claims the deaths of nine bikers and injuries to at least 20 others were compounded by the mass arrests "and wrongful detention of innocent individuals."

"During this period of detention, prior to transporting the detained off scene, neither law enforcement officers under control of defendant Chavez, defendant Stroman or defendant McNamara rendered aid to detainees who were injured nor did they call for emergency medical assistance," the suit alleges.

Richardson was not provided immediate medial attention by restaurant or law enforcement officials, the lawsuit claims.

"The plaintiff and several other detainees pleaded with law enforcement to call for emergency medical assistance or to render emergency first aid," the suit states. "After repeated attempts to secure emergency aid, a private citizen provided a pickup truck and offered to take the plaintiff to Hillcrest Medical Center."

Richardson doesn't know who shot him but claims the unknown officer referred to as John Doe acted intentionally, knowingly and recklessly by shooting into a crowd gathered at a public restaurant."

He claims that Stroman, Chavez, McNamara and Doe failed to take action to avoid a foreseeable risk of injury to others and used excessive force that violated Richardson's rights.

"There are pending criminal matters and civil lawsuits, and the city of Waco chooses to litigate these matters in the courts," Waco City Attorney Jennifer Richie said.

Attorneys for Twin Peaks and McNamara did not return phone messages Tuesday afternoon.

http://www.agingrebel.com/14238 May 23,2016

What Happened

Terwilliger was a hang around with the Line Riders Motorcycle Club who heard shots shortly after he arrived at the restaurant. As he took cover, he saw a friend named William Richardson shot and he attempted to give Richardson first aid. He called fellow complainant Benjamin Matcek – a member of the Line Riders who was not at the Twin Peaks during the gunfight – to come the restaurant to drive Richardson to a hospital. Smith is also a member of the Line Riders.

Police explicitly agreed to allow the three men to drive Richardson to a hospital, then arrested them after they left the hospital and “pulled into the parking lot of a closed business to regroup and process the traumatic events. While in the parking lot, Waco police officers approached the vehicle, and eventually decided to arrest Plaintiffs Matcek, Terwilliger, and Smith. Plaintiff Matcek was initially arrested and charged with criminal trespass and Unlawfully Carrying Weapons. Matcek bonded out of jail on those charges two days later on May 19, 2015. After Matcek was released from jail, a warrant for Engaging in Organized Criminal Activity was issued for him. Mr. Matcek was arrested based on the Engaging in Organized Criminal Activity warrant on May 20, 2015.”

Terwilliger was arrested and charged with Engaging in Organized Criminal Activity despite the fact that a Waco police detective told him that night that “he (the detective) had determined that the Line Riders were an independent club with no affiliation or association to any other club.”

Smith was “initially arrested and charged with Directing Activities of Criminal Street Gangs…. Days later, a second charge for Engaging in Organized Criminal Activity was added.”

All three men are seeking compensatory damages, the costs of the suit, exemplary damages and lawyers fees.

After he filed the suit, Jones told The Aging Rebel, “We are committed to not letting any level of government get away with destroying human rights…not on our watch.”

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