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1 of 4 jailed bikers likely to be released after hearing [Waco]
Waco Herald-Tribune ^ | July 17, 2015 | TOMMY WITHERSPOON

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.”


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: waco; wacobikers
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To: Robert Teesdale

I favor imprisoning any motorcycle rider convicted of a felony using the maximum punishment allowed under the law.

Any motorcycle rider convicted of murder should be executed, and in Texas probably be will.

Any motorcycle rider reaching the age of 70 will regret those tattoos, but tough.


41 posted on 07/17/2015 1:39:15 PM PDT by centurion316
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To: centurion316
I favor imprisoning any motorcycle rider convicted of a felony using the maximum punishment allowed under the law.

Any motorcycle rider convicted of murder should be executed, and in Texas probably be will.

Any motorcycle rider reaching the age of 70 will regret those tattoos, but tough.



"That was an awesome conjugal."

42 posted on 07/17/2015 1:45:28 PM PDT by Robert Teesdale (III% | 4GW)
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To: Robert Teesdale
Found this on the biker girls fan site:

https://www.facebook.com/bikergirlsfanpage/photos/pb.175741579145606.-2207520000.1437169903./827474993972258/?type=3&theater

43 posted on 07/17/2015 2:52:05 PM PDT by TexasGator
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To: seeker7_dj

“I’ve heard very few guns were taken from the bikers if any at all? “

Over a hundred guns were retrieved. I think the number was 117.


44 posted on 07/17/2015 3:01:55 PM PDT by TexasGator
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To: don-o
Good for Ortiz.

This is a BLATANT suppression by coercion to suppress Ortiz's subpoena! The cover-up continues.

45 posted on 07/17/2015 3:06:49 PM PDT by mad_as_he$$ (Section 20.)
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To: Lazamataz
TexasGator is in mourning right now.

Do you know if anyone has started a suicide watch for it?

46 posted on 07/17/2015 3:51:34 PM PDT by zeugma (The best defense against a bad guy with a gun is a good guy with a gun)
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To: don-o
Norton agreed to withdraw his subpoenas for other evidence in the case

In other words, 'we will let your client out of jail if we don't have to release the evidence to you'.

47 posted on 07/17/2015 4:27:02 PM PDT by PAR35
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To: PAR35
The state agreed to produce quite a bit of evidence, just w/o subpoena, and Norton got the video tapes. From the article, the only subpoena he's dropped, that will not be satisfied by agreement with the state, is to get autopsy results.

I don't see the autopsy results as being relevant to his case anyway. Those facts will be relevant in any wrongful death suits, brought on behalf of those killed, as well as criminal charges brought by the state for aggravated assault and murder.

The legal machinations relating to this event will be playing out for a decade, I'll bet. In the end, justice will be murdered.

48 posted on 07/17/2015 4:38:23 PM PDT by Cboldt
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To: Cboldt; Repeal The 17th

They put a cop on the grand jury to make sure that it behaves.


49 posted on 07/17/2015 4:44:50 PM PDT by PAR35
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To: Cboldt
I don't see the autopsy results as being relevant to his case anyway.

Depends on what those results show.

And getting a promise to be given the records isn't the same as giving them.

50 posted on 07/17/2015 4:51:13 PM PDT by PAR35
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To: PAR35
The reason I say the autopsy results aren't relevant to Ortiz's case (Norton being the lawyer), is based on an assumption that Ortiz was more or less just a witness. He didn't fire a weapon, so there is no issue to be resolved by studying ballistic and autopsy evidence.

-- And getting a promise to be given the records isn't the same as giving them. --

Understood, but the state essentially promised the judge, for what that is worth.

Separately, have you ever encountered the writings at amyirenewhite.wordpress.com? Could be mostly noise, could be a pack of fabrications, or could be good (but not proved) evidence. Watch for the name "Jason Matthew Barnum."

51 posted on 07/17/2015 5:14:41 PM PDT by Cboldt
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To: Cboldt
He didn't fire a weapon, so there is no issue to be resolved by studying ballistic and autopsy evidence.

Depending on the charges they cook up, that may or may not be relevant. If any Bandito fired a fatal shot, they may charge them all with murder. So he may need to be able to put up evidence that none of the shots came from a Bandito gun.

52 posted on 07/17/2015 5:44:34 PM PDT by PAR35
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To: PAR35
-- If any Bandito fired a fatal shot, they may charge them all with murder. --

They've already accused them all of that! I understand your point, but I don't see the DA attempting to stretch the law that far, on this outing. Usually in consort cases the number of players is small, and the cooperation between them is evidenced by agreements and/or actions fairly closely coupled to the scene of the crime.

At some point, the DA is going to have to recite specific accusation of action by the accused, and I think he doesn't have much of a menu of specific action to pick from, for most of the accused.

All that even if all the dead were killed by Bandido guns.

53 posted on 07/17/2015 5:50:39 PM PDT by Cboldt
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To: Cboldt

You seem to be conceding that there may be a fair trial. Given what has happened thus far, I wouldn’t extend the benefit of the doubt to the DA, the cops, or the judges.


54 posted on 07/17/2015 5:53:28 PM PDT by PAR35
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To: PAR35

Nor would I. It will be a kangaroo court from the word go.


55 posted on 07/17/2015 5:54:45 PM PDT by sport
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To: PAR35
-- You seem to be conceding that there may be a fair trial. --

For some of the accused, I think it's the only way the DA has out. For example, the couple who watched everything from inside Don Carlos, was arrested on the same bulk complaint, spent weeks in jail, etc. It's going to be tough to stick a charge on them. The "send a message" bail is the punishment. You can beat the rap, but you can't beat the ride. And when the judge is in on the ride, the ride can last half a year.

-- Given what has happened thus far, I wouldn't extend the benefit of the doubt to the DA, the cops, or the judges. --

That's a healthy attitude, I think, and justified by the actions already taken. I have the same one. And maybe the appellate level above this is just as bad. Texas has a reputation for tolerating a corrupt legal system.

56 posted on 07/17/2015 6:00:53 PM PDT by Cboldt
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To: Cboldt; All
https://amyirenewhite.wordpress.com
57 posted on 07/17/2015 6:12:17 PM PDT by Prolixus (Why does Waco make me think of Benghazi?)
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To: TexasGator

Over a hundred guns were retrieved. I think the number was 117.


I think the ‘117’ number is the number of evil bikers out of the 177 arrested that had absolutely no criminal record of any kind. What a bunch of wussy bikers. Can’t even get arrested.

I also seem to remember that many of the weapons confiscated belonged to bikers with CCW’s.


58 posted on 07/17/2015 7:49:23 PM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: Lazamataz

LOL....


59 posted on 07/17/2015 7:50:57 PM PDT by Cold Heat (For Rent....call 1-555-tagline)
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To: centurion316
For accountability purposes, we can't be having people claim two bounties when they really have just snuffed a single Bandido.

What if they only have one ear? Is it half the bounty? How about just a half bounty per ear?
60 posted on 07/17/2015 8:17:00 PM PDT by PA Engineer (Liberate America from the Occupation Media. #2ndAmendmentMatters)
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