Posted on 05/31/2015 5:20:38 PM PDT by don-o
WACO, TEXAS—After a gunfight between rival motorcycle gangs outside a crowded restaurant left nine dead, police rounded up everyone on the scene wearing biker vests. Now, as 174 people sit in jail on organized crime charges, legal experts say prosecutors face a difficult challenge, and that many of those arrested could end up going free.
“They have bitten off more than they can chew,” said Robert Draskovich, a Las Vegas criminal defence lawyer who represents bikers. “Prosecutors often overreach and charge too many people, but I’ve never seen it to this extent.”
To prove the current charges, which have capital murder as the underlying crime, prosecutors must show each defendant took part in the shootout. Although the law allows for broad interpretation of participation, experts say the case is muddled by Texas’ strong self-defence and gun rights, as well as issues with witness credibility and a lack of co-operation.
snip
The last mass biker arrest in the U.S. occurred in 2002 in Las Vegas after a brawl broke out between the Hells Angels and the Mongols at Harrah’s Casino. Three people were killed and about a dozen others were wounded. Authorities rounded up 120 people. Only six of 44 Hells Angels indicted in federal court were convicted; six Mongols members were convicted in state court.
Draskovich represented one of the Hells Angels defendants whose charges were dismissed. He sees parallels between that case and the one in Waco.
“There’s generally a smaller group who, if a law was broken, they broke it,” he said. “So that’s why I say the majority of the people they arrested (in Waco) are going to walk.”
(Excerpt) Read more at thestar.com ...
It’s simple; they “Messed With Texas.”
A serious crime :)
Oh, FR, Been here for years. Had to wait until clearance time limits expired to post.
Thanks.
Who is this “they” of whom you speak?
Who has been charged with murder in Waco?
Many have been arrested on suspicion of murder. There is no charge until they are indicted by the Grand Jury.
With as many Actors as were involved, some in the actual "trigger pulling," others in support thereof, and as a result potentially guilty of murder under Texas law, it will take time to sort it all out for a Grand Jury presentment and possible/probable True Bills.
When many of those arrested are released without a murder charge, they will be released without lessor charges under an agreement not to sue for false arrest. They could all be charged with some sort of mob action, riot, etc, so they will be let off for that in exchange for "time served."
Regarding when this will happen, as an old Texan said to his son, when the son's wife wouldn't sleep with him after she caught him trying to sleep with another woman; "Give it time, Son. Give it time."
There are other attorneys (I read in your history that you are one) who believe Waco is screwing the pooch on this one.
http://www.freerepublic.com/focus/f-news/3295969/posts
http://www.freerepublic.com/focus/f-news/3295973/posts
From the other posts:
“Defense attorneys representing many of those jailed for the Twin Peaks shooting in Waco said law enforcement officials in McLennan County....”
They’re all innocent. Just ask their lawyers!
:)
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