thx
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 ...
Thanks for the summary.
FN2 ... But because our review is limited to the four corners of the affidavit, we cannot consider the testimony of Weathers in either appeal. Nelson v. State, No. 07-02-00527, 2004 WL 1947809, at *1 (Tex. App.--Amarillo Sept. 2, 2004, pet. ref'd) (not designated for publication).
A lawyer in California said that the day after things happened (and how would he know?--- he wasn't there) but a few days later, I assume after receiving more complete information, corrected himself, and said he didn't know who started it.
Which leaves this so-called 'parent organization' having made re-statement which leaves your here statement to be inaccurate. Are you always this dishonest?
There you go, (there you went, as you have from the beginning, and all along) first playing one side, then the other, then playing both ends against the middle.
Give it up.
There are other ways to assert that uniformed police, at the least, were not the most primary initiators.
LOL!
Clown.
The biker who struck that deal was a Waco resident.
I'm not sure the option for relaxed bail conditions will be on the table for defendants going forward, especially if they are not locals.
Judge rules Twin Peaks biker, wife jailed with sufficient probable cause - WacoTrib - August 17, 2015
See reports (in that linked article) relating to Cody Ledbetter. I understand his home is also in Waco.
If the option for relaxed bail conditions isn't available, it reduces the enticement to forego the examining trial.
I’ve seen no reports that Clendennen got relaxed bail conditions in exchange for withdrawing his request for an examination trial. Where did you get that notion?
Twin Peaks lawyer walks away from examining trial for bond changes - August 10
The attorney for Matthew Clendennen, a Twin Peaks defendant who was scheduled for an examining trail today, Monday, August 10, agreed to waive his client's right to the pre-trial procedure in exchange for sweeping changes to his conditions of bond.
Houston lawyer cuts losses in biker pre-trial - August 17
When Cossack Motorcyle Club member Cody Ledbetter appeared a half-hour early for his examining trial before retired Visiting Judge James Morgan Monday afternoon, August 17, he was surprised to learn the issue of enough probable cause to bind him over for a Grand Jury appearance was already settled.Paul Looney, a seasoned defense attorney with offices in Houston and Hempstead, told him, "You lose the ankle bracelet, you lose the curfew, and you lose the travel restrictions."
Twin Peaks bikers bow out of examining trials, get bond modifications - August 19
Prosecutors are establishing a pattern of give and take in the Twin Peaks cases stemming from a deadly shootout that occurred here on May 17.Two key defendants out of the 177 charged with engaging in organized criminal activity chose to waive their right to a pre-indictment examining trial today. Both received modification of their bond conditions in an agreement with the DA's office.
Neither retired Visiting Judge James Morgan, nor prosecutors would reveal the terms of the new bond conditions ordered in the cases of Daniel Pesina, who was still jailed as of Wednesday, August 19, or John R. Wilson, President of the Waco Chapter of the Cossacks Motorcycle Club and proprietor of Legend Cycles, 6514 Interstate 35 South.
There is nothing about this deal on Waco Biker Justice the website run by Clendennen's lawyer.
Any reason why we should take an unsourced blogsite like Radiolegendary at its word?
thx
“Two key defendants” being Pesina, still in jail, and Waco Cossack President Wilson.
(Pesina has a slew of other previous charges in addition)
Wondering why these two are termed “key defendants”?
Spices up the story. Make this story a key story! About a key accused! Literary Mon-KEY business.
That Broden withdrew Clendennen's request for examining trial was reported at Judge rules Twin Peaks biker, wife jailed with sufficient probable cause - WacoTrib - August 17, 2015
Broden withdrew his request for an examining trial on Clendennen's behalf last week.
That fact also does not appear at wacobikerjustice.com.
That said, we all give whatever weight we choose, to whatever report we read.
“A lawyer in California said that the day after things happened (and how would he know?-— he wasn’t there) but a few days later, I assume after receiving more complete information, corrected himself, and said he didn’t know who started it.
Which leaves this so-called ‘parent organization’ having made re-statement which leaves your here statement to be inaccurate. Are you always this dishonest?”
Are YOU always this honest? The statement is STILL on their website.
If you only knew me, then yeah, you would know that I'm known for being honest. I may not always be right about everything, but I don't casually tell lies for convenience of argument, or pride, or to avoid needing to face having been previously mistaken, etc.
The statement is STILL on their website.
And so is the corrective followup statement, where from the same organization, the same guy says "we don't know who started it".
Yet here you are, having known of that, but cherry-picked just the one preliminary note, written by a lawyer in California who wasn't in Waco, as if the info was authoritative.
Why must you always misrepresent things?
Truth is not in you, obviously.
Is it so hard to admit, that yes, the very same source, a few days later, wrote up something of a correction?
At least they didn't write that the police started the shooting. I don't know why that's not enough for you to back off from trying to sell the idea that it was Cossacks that "started it", unless its part of the ongoing playing both ends against the middle you have been indulging yourself in.
I did some digging and “Radiolegendary” is just some local guy named Jim Parks who likes to write his own unsourced “news” and post it on the internet.
He has a geographic proximity to the story and that’s about it.
Look at Reginald Weathers’ testimony at his bond reduction hearing.
Look at Reginald Weathers’ testimony at his bond reduction hearing.
Are you saying that his reports are false?
Or any of the police affidavits in the vehicle seizure records, they make interesting reading too.
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