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Clarity remains elusive four months after Waco biker shootout
Austin American-Statesman ^ | Sept. 25, 2015

Posted on 09/25/2015 6:42:19 PM PDT by Elderberry

More than four months after nine bikers were killed May 17 during a shootout outside the Twin Peaks restaurant in Waco, troubling questions stand before us, while clarity remains elusive.

The mass arrest of 177 people has created a legal morass, and complicated an already complex investigation. An overly broad gag order is feeding suspicion that more than complexity is delaying the release of information about the investigation. And while autopsy reports on the nine bikers killed were released in August, ballistics testing reportedly continues. Without ballistics evidence the question of who shot whom increasingly generates harmful speculation. The embarrassing lack of transparency begs the question: Why don’t we know yet what really happened in Waco?

What we do know is that some police bullets hit bikers, a point confirmed last week by Associated Press reporter Emily Schmall following a review of more than 8,800 pages of police reports and other evidence. But it isn’t known how many of the nine dead or 18 wounded bikers were hit by police gunfire, or whether any of the police gunfire caused any of the bikers’ deaths.

A coalition of motorcycle clubs was meeting at the Twin Peaks restaurant when Waco police say a parking-lot fistfight between Bandidos and Cossacks, two biker gangs with a history of violence between them, escalated into a shootout that quickly involved numerous police officers who had assembled nearby to watch over the gathering. Police dash-cam video viewed by AP shows people fleeing the scene while shots are fired. Video viewed by AP from Twin Peaks and an adjacent restaurant does not clarify who is shooting at whom.

Schmall also reported last week that police confiscated more than 430 weapons after the shooting, including 151 guns. Some of the weapons were taken from bikers, some were removed from vehicles, some were found scattered about the scene. It isn’t clear what all the weapons are or how many of the guns were legally owned and carried — or how many might have been fired. An AP review of a Texas Department of Public Safety database showed that more than two-thirds of the 177 people arrested have no criminal history. Their lives appear to have been placed unfairly in legal limbo simply by their proximity to the shootout. That is, they were in the wrong place at the wrong time.

Citing a DPS report, Schmall reported that authorities took the bikers to the Waco convention center to be interviewed as witnesses. Once there, McLennan County prosecutors decided to arrest the majority of those detained and charge them with engaging in organized crime, a catch-all charge. A justice of the peace approved scores of arrest affidavits without making any individual determination of probable cause, the AP reported.

Several examining trials have been held since the arrests to rule on the question of probable cause, and to determine whether there is enough evidence in each case to present it to a grand jury for possible indictment.

The mass arrest and the exorbitant $1 million bail that followed left scores of bikers sitting in jail for days or weeks, unable to afford bond. Eventually, bail was reduced for most of the bikers, which allowed them to post bond and return to their lives pending possible indictment and trial — though many had lost jobs or apartments while stuck in jail, and some even had lost custody of their children. The McLennan County grand jury that could consider indictments against the arrested bikers is led by James Head, a Waco police detective. The constitutionally questionable gag order thrown over the case was written by McLennan County District Attorney Abel Reyna and issued by District Judge Matt Johnson, Reyna’s former law partner. Both relationships underscore the familial and professional coziness among local officials that long have generated complaints about conflicts of interest in Waco and McLennan County. An AP review of a Texas Department of Public Safety database showed that more than two-thirds of the 177 people arrested have no criminal history. Their lives appear to have been placed unfairly in legal limbo simply by their proximity to the shootout. That is, they were in the wrong place at the wrong time. Citing a DPS report, Schmall reported that authorities took the bikers to the Waco convention center to be interviewed as witnesses. Once there, McLennan County prosecutors decided to arrest the majority of those detained and charge them with engaging in organized crime, a catch-all charge. A justice of the peace approved scores of arrest affidavits without making any individual determination of probable cause, the AP reported. Several examining trials have been held since the arrests to rule on the question of probable cause, and to determine whether there is enough evidence in each case to present it to a grand jury for possible indictment. The mass arrest and the exorbitant $1 million bail that followed left scores of bikers sitting in jail for days or weeks, unable to afford bond. Eventually, bail was reduced for most of the bikers, which allowed them to post bond and return to their lives pending possible indictment and trial — though many had lost jobs or apartments while stuck in jail, and some even had lost custody of their children. The McLennan County grand jury that could consider indictments against the arrested bikers is led by James Head, a Waco police detective. The constitutionally questionable gag order thrown over the case was written by McLennan County District Attorney Abel Reyna and issued by District Judge Matt Johnson, Reyna’s former law partner. Both relationships underscore the familial and professional coziness among local officials that long have generated complaints about conflicts of interest in Waco and McLennan County.

What has become increasingly apparent over the past four months is that most of the bikers who were arrested May 17 probably had nothing to do with the alleged clash that prompted the shooting, or with the shooting itself. Many of the bikers present at Twin Peaks may have been nothing more than motorcycle enthusiasts who wear leather vests and club colors as they play the role of biker rebel, but who are not members of criminal motorcycle gangs. An AP review of a Texas Department of Public Safety database showed that more than two-thirds of the 177 people arrested have no criminal history. Their lives appear to have been placed unfairly in legal limbo simply by their proximity to the shootout. That is, they were in the wrong place at the wrong time.

Citing a DPS report, Schmall reported that authorities took the bikers to the Waco convention center to be interviewed as witnesses. Once there, McLennan County prosecutors decided to arrest the majority of those detained and charge them with engaging in organized crime, a catch-all charge. A justice of the peace approved scores of arrest affidavits without making any individual determination of probable cause, the AP reported.

Several examining trials have been held since the arrests to rule on the question of probable cause, and to determine whether there is enough evidence in each case to present it to a grand jury for possible indictment.

The mass arrest and the exorbitant $1 million bail that followed left scores of bikers sitting in jail for days or weeks, unable to afford bond. Eventually, bail was reduced for most of the bikers, which allowed them to post bond and return to their lives pending possible indictment and trial — though many had lost jobs or apartments while stuck in jail, and some even had lost custody of their children.

The McLennan County grand jury that could consider indictments against the arrested bikers is led by James Head, a Waco police detective. The constitutionally questionable gag order thrown over the case was written by McLennan County District Attorney Abel Reyna and issued by District Judge Matt Johnson, Reyna’s former law partner. Both relationships underscore the familial and professional coziness among local officials that long have generated complaints about conflicts of interest in Waco and McLennan County.

The public needs to be confident that every one of the bikers arrested May 17 — whether alleged gang member or ersatz rebel — will receive impartial justice. It’s up to Waco authorities to build and maintain that confidence.


TOPICS: Crime/Corruption; Extended News; News/Current Events
KEYWORDS: biker; cleat; ibtg; mclennan; reyna; texas; texasgator; waco; wacobikers; wako
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1 posted on 09/25/2015 6:42:19 PM PDT by Elderberry
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To: Elderberry

IBTG


2 posted on 09/25/2015 6:48:48 PM PDT by TexasGator
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To: TexasGator

What an Oxymoron!


3 posted on 09/25/2015 6:52:06 PM PDT by Elderberry
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To: Elderberry

“An AP review of a Texas Department of Public Safety database showed that more than two-thirds of the 177 people arrested have no criminal history. “

I love how they distort the original story and put in a FAKE link!

The Austin Statesman is no better than the conservativetreehouse!

Of course, this was an editorial, not a news report ...


4 posted on 09/25/2015 6:54:57 PM PDT by TexasGator
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To: Elderberry

“That is, they were in the wrong place at the wrong time. “

Hey, when your gang leader says to ride, you ride.

When your gang is attacked, you fight back.


5 posted on 09/25/2015 6:56:04 PM PDT by TexasGator
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To: Elderberry
"But it isn’t known how many of the nine dead or 18 wounded bikers were hit by police gunfire"

Manuel Issac Rodriguez, 40, Allen, one gunshot wound in the head and one in the back. Head: Medium Caliber NOT .223; Back Medium Caliber NOT .223

Matthew Mark Smith, 27, Keller, one gunshot wound in the back and one in the abdomen.

Back: Medium Caliber NOT .223; Abdamen: Not Determined

Jesus Delgado Rodriguez, 65, New Braunfels, one gunshot wound to the head and one in the back. Head: Medium Caliber NOT .223; Trunk: Undertermined

Richard Matthew Jordan II, 31, Pasadena, one gunshot wound to the head. Head: Medium Caliber NOT .223

Richard Vincent Kirschner Jr., 47, Wylie, one gunshot wound to the top of the head, one to the left knee and one in the buttocks. Knee: Medium Caliber NOT .223; Buttocks: Small Caliber .223 or .22

Wayne Lee Campbell, 43, Fort Worth, one gunshot wound to the head. Trunk: Small Caliber .223 or .22

Daniel Raymond Boyett, 44, Waco, shot two times in the head. Head: Medium Caliber NOT .223; Abdomen: Medium Caliber NOT .223; Head: Undetermined

Charles Wayne Russell, 46, Tyler, shot once in the chest. Chest: Small Caliber .223 or .22

Jacob Lee Rhyne, 39, Ranger, shot once in the neck and once in the abdomen.Neck: Undertermined; Abdomen: Undetermined

Spaz. Arm: Not Available ... yet!

6 posted on 09/25/2015 6:57:10 PM PDT by TexasGator
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To: Elderberry

“Several examining trials have been held since the arrests to rule on the question of probable cause, and to determine whether there is enough evidence in each case to present it to a grand jury for possible indictment. “

Interesting that they did NOT say that that the ‘examining trials’ found probable cause.


7 posted on 09/25/2015 6:58:23 PM PDT by TexasGator
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To: TexasGator
IBTG

LOLOLOL!!! I don't care who ya are! That's funny right there!

8 posted on 09/25/2015 6:59:26 PM PDT by bankwalker (In the land of the blind, the one-eyed man is king.)
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To: TexasGator
The Austin Statesman is no better than the conservativetreehouse!

Yeah, what would a bunch of Libs know?
9 posted on 09/25/2015 7:00:02 PM PDT by Elderberry
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To: Elderberry

Is this the same paper that whitewashed Lehmberg’s drunk driving and also supported her in her indictment of Governor Perry?


10 posted on 09/25/2015 7:02:26 PM PDT by TexasGator
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To: TexasGator

TG entered 60% of the posts to this thread so far.


11 posted on 09/25/2015 7:05:21 PM PDT by House Atreides (CRUZ or lose!)
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To: TexasGator

Not an interest of mine. Knock yourself out, if it suits you.


12 posted on 09/25/2015 7:07:29 PM PDT by Elderberry
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To: Elderberry

Is it a full moon tonight?

Threads tonight about 9/11 being a US/ENGLAND conspiracy and OJ didn’t kill Nicole.


13 posted on 09/25/2015 7:28:09 PM PDT by TexasGator
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To: House Atreides

He is hard at work.


14 posted on 09/25/2015 7:29:38 PM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Elderberry; TexasGator

“Not an interest of mine. Knock yourself out, if it suits you.”
********************************************************************************************
Below are some links involving some other leather wearers of the type that TG worships. They “...were charged with ... official oppression....”. At least the “official oppression” those three LEOs delivered didn’t leave the oppressed laying dead in a parking lot.

http://www.ksat.com/news/1-of-3-sapd-officers-booked-into-jail-for-sex-scheme

http://www.freerepublic.com/focus/f-chat/3341299/posts


15 posted on 09/25/2015 7:34:53 PM PDT by House Atreides (CRUZ or lose!)
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To: House Atreides

Hijacking threads again?


16 posted on 09/25/2015 7:48:17 PM PDT by TexasGator
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To: TexasGator

“They say” that tomorrow night we’ll have a “blood moon”.

I think there is a perpetual dark cloud hanging over Wac(k)o for many years.


17 posted on 09/25/2015 7:50:00 PM PDT by Texas Fossil (Texas is not where you were born, but a Free State of Heart, Mind & Attitude!)
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To: Elderberry

For some reason I don’t think Texas Gator likes the story line of this article. I think a lot of us here on FR have questions about it. To some it is an open and shut case.


18 posted on 09/25/2015 8:01:51 PM PDT by Parley Baer
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To: Elderberry

Thanks, Elderberry.

Sorry Gator shat all over your thread.

Much like Waco authorities he does his best quash discussion.


19 posted on 09/25/2015 9:08:00 PM PDT by ExyZ
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To: TexasGator

It was already Hijacked


20 posted on 09/25/2015 9:30:33 PM PDT by easternsky
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