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Appeals court rules two bikers were jailed with sufficient probable cause.
Waco Tribune ^ | 8/21/2015 | OLIVIA MESSER

Posted on 08/21/2015 4:42:00 PM PDT by mac_truck

In an opinion released Thursday, Justice Rex Davis of the 10th Court of Appeals declared that officials had sufficient probable cause to arrest two bikers after the May 17 Twin Peaks shootout in Waco.

The melee killed nine men and injured another 20, resulting in the arrest of 177 bikers, each initially held on controversial $1 million bonds on a charge of engaging in organized criminal activity.

Final autopsy reports were released last week on the nine killed in the melee, but ballistics evidence remains publicly unavailable, pending the completion of an investigation headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Both bikers involved in the ruling, Marcus Pilkington, 36, of Mexia, and Reginald Weathers, 43, of Forney, are represented by Austin attorney Adam Reposa.

Pilkington and Weathers filed applications asserting that they “were being illegally confined” and that officials lacked probable cause that the two were guilty of engaging in organized criminal activity that day.

Thursday’s ruling cites a section of the Texas Penal Code which states that a person commits the offense if, “with intent to establish, maintain, or participate in a combination or in the profits of combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of the following: murder, capital murder ... (or) aggravated assault.”

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


TOPICS: Extended News; News/Current Events
KEYWORDS: bikers; shootout; waco
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To: BlueDragon

Me: I said it WASN’T you.

You: Actually, you did not. All you said was “nope” Which left it open to interpretation, including possibility that I was that entity.”

Duh. NOPE means NOPE!

You: Hope you choke.

LOL! You are losing it.


121 posted on 08/23/2015 9:18:57 PM PDT by TexasGator
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To: Finny

” free adults who have the right to fraternize with fat, sloppy, tattooed, beer-drinking tobacco-smoking bikers.”

Again, what I see in your posts is that you think the cops should not have stopped the gang war but left them to shoot it out to the last man standing!


122 posted on 08/23/2015 9:21:41 PM PDT by TexasGator
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To: TexasGator

That’s such a classic example of your apriori belief that you have special powers that obviate the need for evidence that no one has to exaggerate what you say. They just need to quote you.


123 posted on 08/23/2015 9:24:32 PM PDT by Pelham (Without deportation you have defacto amnesty)
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To: TexasGator
No, you're the one that has been a loser on these Waco threads.

I've been trying to 'splain it to you.

How about, just for grins, I be sort-of like you, and say that I didn't say what I did, but instead said;

You do that too.

124 posted on 08/23/2015 9:28:00 PM PDT by BlueDragon
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To: BlueDragon

Are eeeeeeeevil bikers living rent free in the Alligators head?

This affair looks weirder and weirder the longer it wears on. Now we hear the fuzz hired a phalanx of lawyers in anticipation of this affair. That commonly is a sign of planning to do the expedient thing rather than the right thing (and would-be biker stings have gotten stung before).


125 posted on 08/23/2015 9:34:48 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: BlueDragon

“No, you’re the one that has been a loser on these Waco threads. I’ve been trying to ‘splain it to you.”

You haven’t been very successful!


126 posted on 08/23/2015 10:08:43 PM PDT by TexasGator
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To: HiTech RedNeck

“Now we hear the fuzz hired a phalanx of lawyers in anticipation of this affair.”

So did the bikers!


127 posted on 08/23/2015 10:09:35 PM PDT by TexasGator
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To: HiTech RedNeck

It must be one of those dimly lit rooms.

I get the impression Princess likes it to be sort-of dark.

From early on, more than few expressed the opinion that Mclennan County looked to be deliberately slow-walking and delaying, as much as possible.

I suppose that sort of thing has become such a commonplace technique, often for the convenience of the prosecution, that slow-walk extension tactics are as second nature. One would think instead, that if they really had things dead to rights, they'd just as soon out with it, and get the ball(s) rolling.

Each delay adds to the sense that in regards to a great many who have been charged, there is lack of solid evidence to make the allegation of 'conspiracy' stick & stay to conviction, unless the DA's can continue to sell (without needing to expend much effort in selling) the guilt by association idea.

That mentality, shallow as it is, has a few subscribers.

I don't find that to be an altogether unreasonable response. There are a lot of cases, with likely when viewed all at once, present quite strong possibility for producing significant amount of procedural issues (which of course, sadly enough? the DA.s office will try to exploit to the fullest extent possible) all of which would take time.

Yet for those who the DA's should know by now were not participants in the melee, and more accurately not part of any of the shootings unless a victim, there is no reason for continuing to hold charges against those persons, other than as part of legal strategy and tactic to make it easier for DA's to win conviction for those they may be more sure of having sufficient, direct evidence against. Perhaps.

I have no reason to put all that much trust in the process. I know that LEO's can fabricate & spin 'stories' just like most any human being is capable of knowingly blowing smoke & telling lies, and I know that prosecutors will play deadly games while seeking to win conviction.

I did watch most all of the George Zimmerman trial. The prosecution seemed to have attempted to get away with every little trick they could to convict Zimmerman, even while seeming to know that the man was not truly guilty of anything much other than self-defense.

So who will the DA's try to put on trial first? Those they have little actual proof against, and hope they can squeeze convictions out of the process anyway, or those who they are more certain they could successfully prosecute?

Expedience is not altogether a bad thing, as long as the right thing is valued more than "winning" a court proceeding, which (theoretically) must seek actual & verifiable truth itself, not just someone's opinion of what truth is, or what can be said while holding one's mouth a particular way in order to win conviction in doubtful, borderline instances.

Officers of the court, at least used to be duty bound (theoretically) to serve the Court as agents, to find and establish what could be recognized as any truth to a matter. Not -- focus only on what would make a prosecutorial side of a proceeding rack up a win.

This is an extremely important principle, yet we seem to have much lost sight of that, paying it lip service only, if we ever actually had adherence to that principle in the first place.

128 posted on 08/23/2015 10:46:31 PM PDT by BlueDragon (and so I write long boring posts on FreeRepublic)
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To: TexasGator

Don't blame the teachers for your own failing grades.

129 posted on 08/23/2015 10:55:23 PM PDT by BlueDragon (and so I write long boring posts on FreeRepublic)
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To: TexasGator
-- ... instead of providing one, he came back with a snarky reply. --

So what? Nearly every poster here, including you, uses some degree of snark. You should not be surprised that you are on the receiving end of snark. It appears you don't read the posts very carefully, because the contention that there was a dissenting judge was made early in the thread, in the same post that had a link to the opinion, etc. When BlueDragon refused to point to what a somewhat careful reader would have noticed, you came back @86 with "Translated: You don't have a source." You accused BlueDragon of whatever one calls making a contention without having a source. In common vernacular, you accused BlueDragon of "making things up."

130 posted on 08/24/2015 5:56:00 AM PDT by Cboldt
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To: BlueDragon

The very fact that there had been dozens of such meetings without so much as a nick on someone’s face, let alone a shooting, calls into severe question the premise that the whole group came in there spoiling for a gun fight.


131 posted on 08/24/2015 6:42:19 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Cboldt

“So what? Nearly every poster here, including you, uses some degree of snark. “

You were admonishing me for my replies to him. I made no issue of it till you chimed in.


132 posted on 08/24/2015 7:20:26 AM PDT by TexasGator
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To: BlueDragon

“Don’t blame the teachers for your own failing grades. “

3.78 GPA in Nuclear Engineering at U of Fla


133 posted on 08/24/2015 7:21:10 AM PDT by TexasGator
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To: HiTech RedNeck

“The very fact that there had been dozens of such meetings without so much as a nick on someone’s face, let alone a shooting, calls into severe question the premise that the whole group came in there spoiling for a gun fight.”

Just the previous month at the same place, the cops had to calm the herd to prevent a fight.


134 posted on 08/24/2015 7:22:01 AM PDT by TexasGator
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To: TexasGator

Funny mode of “calming” — to shoot into a crowd with sniper rifles.


135 posted on 08/24/2015 7:25:14 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: TexasGator

And Jimmuh Cahtuh was a new clear engineer too. Like he should have, so should you stick to your specialty.


136 posted on 08/24/2015 7:26:09 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: TexasGator

Prdon.. not new clear, nucular


137 posted on 08/24/2015 7:27:18 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Cboldt

“When BlueDragon refused to point to what a somewhat careful reader would have noticed, you came back @86 “

I don’t have time to examine and deconstruct every post to find out what why someone posts incorrect info.

He referenced ‘examining’ and I merely asked for a link since it was my understanding that examining trials only had one judge. I didn’t slam his post as wrong TILL after he came back with his snarky reply.


138 posted on 08/24/2015 7:29:31 AM PDT by TexasGator
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To: HiTech RedNeck

“Funny mode of “calming” — to shoot into a crowd with sniper rifles.”

It worked. Bikers said it saved lives.


139 posted on 08/24/2015 7:30:27 AM PDT by TexasGator
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To: TexasGator

There always are some discontents and plants ready to make hay, like you do.


140 posted on 08/24/2015 7:31:10 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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