Posted on 01/31/2022 1:45:27 PM PST by Elderberry
he 5th U.S. Circuit Court of Appeals has dismissed former Waco Police Chief Brent Stroman and Assistant Chief Robert Lanning from lawsuits filed by bikers alleging false arrest after the 2015 Twin Peaks shootout, but left former McLennan County District Attorney Abel Reyna as a defendant.
The ruling, issued late last week, is the most recent development in the six-year legal battle waged after hundreds of Bandidos and Cossacks and their respective support clubs squared off in the Twin Peaks parking lot while families were dining or shopping May 15, 2015, at the busy Central Texas Marketplace.
About 134 bikers filed civil suits, alleging they were wrongfully arrested in violation of their civil rights. Since then, the lawsuits from those bikers who were indicted have been dismissed, with Albright ruling that the grand jury’s decision to indict them amounts to probable cause.
“We are glad that after six years we are finally going to be able to move the case forward and start taking depositions and put people under oath,” said Dallas attorney Don Tittle, who represents the majority of the bikers left in the suit.
Reyna on Monday deferred comment to his attorneys, Tom Brandt and Stephen Henninger, who did not return phone messages.
The panel, made up of U.S. Circuit Judges Edith H. Jones, Stephen A. Higginson and Patrick Higginbotham, also dismissed the plaintiffs’ bystander liability claims from the suit. The plaintiffs alleged other officers there that night should have known the warrants contained insufficient probable cause and taken action to prevent the alleged false arrests.
Reyna does not qualify for absolute prosecutorial immunity, the majority of the judges noted that after the shooting, the bikers allege Reyna began “personally investigating the scene.” The judges noted that he took pictures and approved identical arrest warrants for all bikers.
(Excerpt) Read more at wacotrib.com ...
No probs - thanks!
... should have known the warrants contained insufficient probable cause and taken action to prevent the alleged false arrests.
Do we really want a beat cop second guessing actual warrants? I would think that the better response would be to go after those that issued the warrant in the first place.
“Do we really want a beat cop second guessing actual warrants? I would think that the better response would be to go after those that issued the warrant in the first place.”
The problem is that, officers might have been killed in exeucting the warrant, which is too far after the probable cause hearing. Somehow, there should be a period of time to, like you say, attack the warrant, before sending officers into harms way. Perhaps, increasing the penalty for an unlawful warrant, which may cause the issuer to take a HARD second look.
Good
It is my understanding that search warrants are issued by judges AFTER a probable cause hearing. That would put two people on the hook. The requester of the warrant to provide statements regarding the evidence (which should be sworn statements under penalty of perjury). Which then get reviewed by a Judge for validity and potential criminal activity.
If there is a lie by the requester of the warrant, they should be charged with perjury.
If a judge, relying on the facts presented by the requester, grants a warrant without actual probable cause or actual criminal activity (not just suspicion), then the Judge needs to be removed from office.
just my .02
Thanks just the same.
This whole incident is a failure of the legal system, no matter the eventual outcome. many innocent people ruined due to abuse of power. No winners, and most who abused their power get awy with it.
This is still going on?
The whole thing was mostly instigated by cops and their informants to set up Banditos. You can say all you want about them, but this ain’t how you do it. Sounds like those people walked.
Thanks for update , always enjoy the latest & been awhile
Six years later, the lawsuits from the bogus "mortorcycle gang shootout" are still draining the city coffers.
And former McLennan County District Attorney Abel Reyna is one of the few that may see any repercussions.
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A ping out to the Texas Ping list, founded by Windflier.
Another special Texas winter edition for your perusal.
As always, please FReepmail me if you want on or off the Texas Ping list.
Blessings, and stay warm!
Thanks for your persistence.
This is still an insane dark mark against justice in Waco. There is NO excuse for how this was handled.
I remember the statue of justice with the missing arm. It was emblematic.
IBTG
bttt
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