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Family of slain Texas biker sues restaurant for negligence
AP via Waco Tribune Herald ^ | July 8, 2015

Posted on 07/08/2015 11:46:00 AM PDT by don-o

On the date of the event, police attempted to enter the restaurant, but were blocked by management. State and local authorities then occupied positions outside the restaurant, including on the rooftop of a neighboring restaurant, Don Carlos, the lawsuit said.

(Excerpt) Read more at wacotrib.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: texas; waco
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To: don-o

Twin Peaks must have deep pockets.

They’re probably regretting terminating the Waco franchise immediately after the shooting. It looks like they blamed their own franchisee for the shooting. Of course, the Waco PD blamed the restaurant too. This is fodder for a civil suit.

Twin Peaks should have defended their franchisee: the restaurant didn’t shoot anybody. In lieu of that, they should be doing their utmost to have the Waco PD discredited. That should not be too hard to do.


41 posted on 07/09/2015 2:39:19 AM PDT by Prolixus (Why does Waco make me think of Benghazi?)
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To: don-o

State and local authorities...on the roof.

Never trust newspapers too much of course, so it may be wrong, which could mean there were Feds there, since there was some Federal presence on scene according to earliest news reports.

How many shell casings on the roof?

Why be on the roof in the first place? Just a look-out spot, and nothing more? Maybe. Maybe not.

I KNEW I should have gone to this event, to be a witness.

I came across some brief mention of it somewhere...then let it slip my mind. I felt a little ashamed when heard about it while safely home doing nothing.

42 posted on 07/09/2015 5:44:10 AM PDT by BlueDragon (Yes, we're happy as fish and gorgeous as geese, and wonderfully clean in the morning)
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To: MrEdd; mac_truck

You really must have your mind twisted around to pull that out of his comment.


43 posted on 07/09/2015 6:48:52 AM PDT by Boogieman
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To: MrEdd; Boogieman; TexasGator
The lawsuit speaks for itself doesn't it?

If the family thought the police were negligent in Jesse Rodruiguez's death they would have named the City of Waco as a defendant.

I also doubt he killed by the Bandidos since he was one of their supporters and his funeral was well attended by the BMC.

By default that leaves the Cossacks as the likely shooters of this Marine veteran.


44 posted on 07/09/2015 7:45:03 AM PDT by mac_truck (Aide toi et dieu t aidera)
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To: mac_truck
-- If the family thought the police were negligent in Jesse Rodruiguez's death they would have named the City of Waco as a defendant. --

I don't think they have a basis with which to make that claim. Futher, that claim is not precluded by filing this suit.

-- By default that leaves the Cossacks as the likely shooters of this Marine veteran. --

That's a premature conclusion.

45 posted on 07/09/2015 7:49:31 AM PDT by Cboldt
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To: Cboldt

“I don’t think they have a basis with which to make that claim. Futher, that claim is not precluded by filing this suit.”

I think the families should sue the VA for not warning him about riding with OMG’s ....


46 posted on 07/09/2015 7:59:30 AM PDT by TexasGator
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To: don-o

Probably just some roofers fixing leaks...


47 posted on 07/09/2015 8:03:00 AM PDT by going hot (Happiness is a momma deuce)
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To: Cboldt; All
The family knows what caliber bullets killed Jesse Rodriguez and what direction they came from...even if you and I do not. If they thought the police killed him then it would have been reflected in their lawsuit.

Instead they place blame squarely on the TP venue for hosting events for biker gangs and which (they argue) prevented police from doing their job on the day of the shootout.

There is a small chance he was accidently shot by the Bandidos but much more likely he gunned down by the Cossacks.

48 posted on 07/09/2015 8:18:38 AM PDT by mac_truck (Aide toi et dieu t aidera)
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To: mac_truck
-- The family knows what caliber bullets killed Jesse Rodriguez and what direction they came from...even if you and I do not. If they thought the police killed him then it would have been reflected in their lawsuit. --

What is your authority for the proposition that the family is privy to evidence that the public is not privy to?

The other point you claim isn't logical. This suit is against Twin Peaks for negligence or reckless endangerment or similar, and the identity of the shooter is totally irrelevant to this suit.

The source of the bullet that killed him is relevant in a wrongful death suit against the shooter, but there is no such suit.

You may think you have your conclusion all logically connected, and if so, fine by me; and good to know your "thought process," as it guides my further correspondence with you.

49 posted on 07/09/2015 8:33:06 AM PDT by Cboldt
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To: Cboldt
What is your authority for the proposition that the family is privy to evidence that the public is not privy to?

Common sense.

Do you actually think the State withheld the body from the family?

50 posted on 07/09/2015 8:47:18 AM PDT by mac_truck (Aide toi et dieu t aidera)
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To: mac_truck
-- Do you actually think the State withheld the body from the family? --

No, or course not.

Do you think the family had an independent autopsy performed, to determine which direction the hits came from, and whatever else it is you say the family knows? Or is your only authority, your own "common sense?" Or do you think the state told the family the forensic details?

51 posted on 07/09/2015 8:59:03 AM PDT by Cboldt
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To: Cboldt
This suit is against Twin Peaks for negligence or reckless endangerment or similar, and the identity of the shooter is totally irrelevant to this suit.

Of course the question of who shot Jesse Rodriguez matters...

If he was shot by some local bikers acting on the misguided notion that Twin Peaks Waco was a "Cossack Bar" rather then a police sniper, then the issue of whether the venue encouraged that belief by hosting biker nights, ignoring police warnings and discouraging a police presence inside the bar on the day of the shootout is relevant.

Which is essentially what the family's lawsuit is saying isn't it genius?

52 posted on 07/09/2015 11:35:41 AM PDT by mac_truck (Aide toi et dieu t aidera)
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To: mac_truck
-- Which is essentially what the family's lawsuit is saying ... --

I haven't seen a copy of it, just going by press snippets and description.

Is it correct to say that your assertion is that the family's lawsuit alleges the person who shot Jesse Rodriguez was a member of an OMG?

53 posted on 07/09/2015 11:48:29 AM PDT by Cboldt
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To: Cboldt

Twin Peaks must have “deep pockets.”

The Rodriguez family is probably piggy-backing on the Don Carlos v. Twin Peaks lawsuit. Apparently Don Carlos has an excellent lawyer! If Twin Peaks is liable for Don Carlos’ loss of business it can certainly be argued that they are liable for a lot of other bad things, that occurred on May 17, 2015, including the death of Jesse Rodriguez. There’s probably no money in suing the Waco PD even if they killed Jesse Rodriguez due to malice or incompetence. On the other hand, Twin Peaks may settle out-of-court for a tidy sum.


54 posted on 07/09/2015 2:16:22 PM PDT by Prolixus (Why does Waco make me think of Benghazi?)
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To: Prolixus
Similar legal theories in both cases, becuase the claims have essentially the same basis (negligence being a proximate cuase of a gunfight). I don't believe it is the same lawyers ... looking it up ....

The Pastrano Law Firm, in Houstin, is representing the Rodriguez family in the action.

Slain Biker's Family Files Lawsuit Against Twin Peaks - KWTX - Paul J. Gately - July 8, 2015

The restaurant [Don Carlos] is seeking more than $1 million in damages, according to the lawsuit, though lead counsel Tony Buzbee said that could change as the litigation proceeds.

Don Carlos suing Twin Peaks' owners over biker gang shootout - WacoTrib.com - May 21, 2015

Tony Buzbee has an entry in wikipedia, and is part of The Buzbee Law Firm.
55 posted on 07/09/2015 2:37:21 PM PDT by Cboldt
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