Posted on 08/17/2015 11:12:47 AM PDT by Prolixus
A visiting judge ruled Monday that Waco police had sufficient probable cause to jail a biker and his wife in the wake of the deadly May 17 shootout at Twin Peaks.
Retired State District Judge James Morgan denied a motion from attorney Paul Looney, who represents Brenham residents William and Morgan J. English, to clear them of engaging in organized criminal activity charges after a brief examining trial Monday morning.
In denying the motion, Morgan ruled that there was sufficient evideince to bind them over to a grand jury for indictment and that authorities had sufficient probable cause to arrest them.
Morgan has been given the authority to hear all of the 16 examining trials scheduled for the next two weeks.
Morgan is set to hear the case involving Cody Ledbetter at 2 p.m. Monday.
Morgan was appointed to hear the examining trial of Matthew Clendennen after the Hewitt mans attorney, Clint Broden, was successful in having McLennan County Justice of the Peace W.H. Pete Peterson recused from hearing the case. Broden withdrew his request for an examining trial on Clendennens behalf last week.
Only two of the 177 bikers who were arrested on engaging in organized criminal activity charges remain in the McLennan County Jail, and the McLennan County District Attorneys Office has been releasing some of its evidence to defense attorneys, so the examining trials dont have the sense of urgency they did a few months ago.
Morgan, who will hear the examining trials in the courthouse annex visiting courtroom, has scheduled two hearings for Monday, two for Wednesday, three for Aug. 24, two for Aug. 26, three for Aug. 27 and three for Aug. 28.
If a judge rules there was not probable cause for the arrest, the defendant is freed from obligations surrounding his arrest, including conditions of bond. But it does not preclude the district attorneys office from indicting the defendant later if prosecutors think they have a case.
The states burden of proof in examining trials is much less than in a criminal trial, in which a defendants guilt must be proved beyond a reasonable doubt.
” but does not say what any specific individual did in violation of the law.”
... did commit or conspire to commit murder, capital murder or aggravated assault ...
“On its face, it seems to be the criminalization of the ongoing activity of freedom of association rather than focusing on actual crimes that took place on that particular day at Twin Peaks. “
Dang. The police spoiled what would have been the gang-fight of history!
“However, the vague legal reasoning behind criminalizing association of like-minded individuals could just as easily be applied to a FReeper protest, a fraternity party, a fundamentalist Christian church BBQ, a Tea Party rally, or a meeting of Texans to discuss peaceful voluntary secession. “
I googles the above to see how many gunfights they had. Didn’t find any.
173 conspired? Ridiculous on its face,
“173 conspired? Ridiculous on its face, “
I think it was 186, including the dead.
You guys must be part of some bad ass church if their BBQs end up with a gun fight.
Maybe no gun fight but an excellent chance of “hate speech.” Think!
Only when the Police show up with the guns and shoot those they supposedly protect and serve. How do BATF boots taste?
How do Bandido boots taste.
Some of us want the truth. You seem to side with cover-ups.
“Only when the Police show up with the guns and shoot those they supposedly protect and serve. How do BATF boots taste? “
The bikers had the cops outnumbered 186 to 23.
Guns: 155 to 40
“This is not about bikers, crime or outlaws. “
LOL. It was a biker outlaw gang war!
“How do Bandido boots taste.”
Better yet, how does a urinated vest taste?
I normally give law enforcement the benefit of the doubt. In this situation 170 person, many appearing to not have anything in common except being a motorcycle rider were all arrested for murder and a million dollar bond was requested?
Can't wait for all the evidence to come out at trial. As a Texas taxpayer I thing there is going to be a cost to the City of Waco and possible the State of Texas for the police action.
“The bikers had the cops outnumbered.”
Quite so. Thanks for reminding everyone.
Obviously, there is a lot of doubt about the actions of police. What I don't understand is that the accounts of bikers are doubted, as well. Many people on this forum (not me) think that the cops killed everybody, despite one of the surviving Cossacks describing seeing several of his friends and family killed by Bandidos. What would be his motivation for lying? Fear of the police? He's already charged along with all the other surviving Cossacks.
“No, I want to know what happened.” “What I don’t understand is that the accounts of bikers are doubted, as well.”
I could quote and respond to some of your comments, however, in overall response to what you posted:
BUMP!
“many appearing to not have anything in common except being a motorcycle rider...”
Sorry, I think that’s just laughable. I mean, if you just read the hysterical FR threads or blogs about this case, you would get that impression, but that just isn’t the case. Most of those arrested belonged to two outlaw gangs (or their support clubs) and were stupid enough to advertise their association for all the world to see. You really have to bury your head in the sand to ignore that.
I can’t wait for the trial either, but I think you’re going to be sorely disappointed when the evidence comes out.
Department of Public Safety Lt. Steven Schwartz, a 17-year department veteran, testified at the morning hearing that William and Morgan English wore patches that identified them as members of a group called Distorted. Another patch identified them as members of a support group for the Bandidos, which Schwartz said has been identified as a criminal street gang. ...My prediction has been that the courts will find probable cause regardless. If the courts found absence of probable cause, that finding would be used by plaintiffs in deprivation of rights claims.He said he thinks the Englishes were aware of the rift between the Cossacks and Bandidos and they were there that day as a show of support for the Bandidos.
However, under cross-examination from Looney, Schwartz said neither he nor other DPS investigators were aware that the seven-member Distorted group existed before May 17. Looney said that of the seven members, only William English has a hint of a criminal past, what he called an "old DWI."
Schwartz said they wore patches that said they support the Bandidos, so that tells him they are at least "somewhat involved in criminal activity."
He said he saw nothing that day and has developed no subsequent evidence to show the Englishes are involved in criminal activity.
Schwartz suggested the Distorted group and others who ride motorcycles in Texas might think it is safer to wear a patch showing support for the Bandidos as they ride around the state. ...
Schwartz agreed with Looney that the Englishes were cooperative and agreed to talk to investigators after the shooting. He said they told police that one of their friends brought a gun with him, but they left it locked up in the car.
"Other than that, all we have is that they were merely present at a murder. Correct?" Looney asked.
"Correct," Schwartz said.
“Schwartz suggested the Distorted group and others who ride motorcycles in Texas might think it is safer to wear a patch showing support for the Bandidos as they ride around the state. ...”
I can understand that a little extra cloth would offer some protection in case of an accident but what is it about a ‘Bandido’ patch that makes it special?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.