| "What's a rack? That anything like a '78 shovelhead?" |  |
Posted on 07/17/2015 11:54:34 AM PDT by don-o
A Bandido from San Antonio who remains jailed after his arrest in the May 17 Twin Peaks shootout likely will be released soon after an agreement Friday morning between his lawyer and prosecutors.
Joseph Ortiz, 35, a former Marine, should be free by Saturday after an agreement with prosecutors and 19th State District Judge Ralph Strother to reduce his bond from $100,000 to $20,000, according to Ortiz’s lawyer Jay Norton.
Like the other 177 arrested bikers, Ortiz’s original bond was $1 million. He is one of four who remain jailed two months after the deadly shootout at Twin Peaks restaurant that killed nine bikers and wounded another 20.
Norton had subpoenaed a number of people, documents, records and videos that were to have been the subject of a hearing Friday morning. However, after the parties met with Strother behind closed doors, they reached a number of agreements that cut the hearing short.
Twin Peaks officials agreed to release videos from the day of the shooting to Norton, who, in turn, agreed not to release it to the media. He can release it to his fellow attorneys who represent other jailed bikers.
Strother did not issue a gag order in the case — requested by First Assistant District Attorney Michael Jarrett — after the parties agreed to comply with ethical canons regarding information released to the media.
Norton agreed to withdraw his subpoenas for other evidence in the case after Jarrett pledged the state would provide him all the discovery information it has within the next 30 days.
Norton also withdrew his subpoenas for medical examiners from the Southwestern Institute of Forensic Sciences in Dallas and their records, photographs and reports. Final autopsy reports on the nine killed are pending.
Ortiz has no other charges pending against him, unlike the three others who remain in jail, but Ortiz hasn’t been able to make the $100,000 bond.
Norton told the Tribune-Herald last week that Ortiz has lost his job in the South Texas oil fields and been evicted from his home since his arrest. He said he plans to live with his brother when he gets out of jail, but added that could cause problems under the conditions of release because his brother also is a Bandido. Those released on bail are forbidden from associating with motorcycle club members.
If Ortiz is released in the next day or so, he, like many others, will be fitted for a GPS ankle bracelet to track his movements.
“Mr. Ortiz is a perfect example of what is being done incorrectly up there,” Norton said last week. “There was no investigation of Mr. Ortiz. It’s just guilty by association for being a member of an organization that it is not against the law to be a member of. No one has alleged a single overt act that Mr. Ortiz did in furtherance of any alleged conspiracy. He simply took cover in the parking lot.”
A dusty rack was good enough for my dad. Screw em.
Art. 17.151. RELEASE BECAUSE OF DELAY.That's just a release from confinement (and release is not guaranteed, bond may be reduced, more shenanigans from the prosecutor, etc.), but not the deadline for indictment.Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony; ...
Art. 32.01. DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED.People who are falsely accused either sit in jail, or submit to bail conditions for half a year. Bail conditions infringe but do not deprive of liberty.When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.
” Bail conditions infringe but do not deprive of liberty. “ But sitting in jail sure does. They all started out with a million dollar bond.
Accusations persist up to 180 days, after which time they expire, and the state has no justification for holding bail or imposing bail conditions.
Plus anyone who rubs us the wrong way, we don't have to put up with any that sort of thing, we have the power, use it.
The accusation and setting of bail actions have significant risks for the city and state, and for the individuals who used color of law to deprive liberty.
The system is set up in a way that facilitates abuse, and the routine level of abuse is such that it's not worth it to use the system to police itself. Many of the falsely accused will just walk away afterwards. A few will sue the city, state, JP, cops, and others.
So they stay on the hook until mid November? I guess I got some faulty reporting stuck in my mind.
Thanks for all the good info you share. I appreciate it.
For accountability purposes, we can't be having people claim two bounties when they really have just snuffed a single Bandido.
And anyone who is near someone who rubs us the wrong way, too. You know they are involved somehow.
“Correct, and he should have not been released from jail, he should have been shot. Any Bandido member should be shot on sight and a bounty paid by the Sheriff upon delivery of both a left ear and a right ear.”
By reading the above, am I to conclude that you’ve not taken your anti-psychotic drugs today? If you really believe what you wrote, you shouldn’t ever be allowed near a gun!
I want to know who is making all the money for the ankle bracelets that these guys are required to pay.
Better than the Lotto.
Of course, this has to end at some point, the price of ammo has become ridiculous.
Could Texas gator be the owner of the ankle monitor company?
He has some kind of skin in this game.
Ebola is cheap.
I take it that you have not been paying much attention to this travesty of justice in Waco. For those interested in the activities of prosecutors across this great land, also take a look into what has been going on the Madison, WI.
I’ve heard very few guns were taken from the bikers if any at all? The police admit there were rooftop swats. There’s a whole lot of information that’s not being shared by law enforcement. Something’s not right ...
The default "deadline" (there are no true deadlines for the state, in law, all are defeatable by "showing good cause") is:
... on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.So, a bit more digging required ...
Sec. 24.012. TERMS AND SESSIONS OF COURT.Some were released on bail before the July term started, so their "get out of the cloud" date is the first Monday in January next year - that is later than 180 days after their release on bail.(a) Except as provided by Subsection (a-1), notwithstanding any other law, each district court holds in each county in the judicial district terms that commence on the first Mondays in January and July of each year. To the extent of a conflict between this subsection and a specific provision relating to a particular judicial district, this section controls.
Those released after the July term started are under a cloud until the end of the term that starts in January next year.
even if a defendant is entitled to discharge from custody under 32.01, that defendant is not free from subsequent prosecution. State v Seidel (February 28, 2001, No. 1790-99)There is no statute of limitations for murder. I don't know what it is for conspiracy to commit murder, commission of assault, or the other charges possible under the criminal code.
$355 up front, $255 a month for as long as they wear it. Times 123.
Bail bond, ankle monitor companies see bonanza from biker arrests - WacoTrib.com - June 28, 2015
| "What's a rack? That anything like a '78 shovelhead?" | |
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