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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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To: Ethan Clive Osgoode
Then it's settled. Rebel outlaws and violent criminals are equal threats, to you.

God help us if you're in law enforcement. LAW MEN know the difference.

61 posted on 09/26/2015 10:48:14 AM PDT by Finny (Be ready to own what you vote for. Voting "against" is imaginary.)
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To: Finny

“Out of a group of, say, 200 randomly-gathered patched bikers, how many would you say were drug dealers? “

How many are members of a OMG?


62 posted on 09/26/2015 10:49:10 AM PDT by TexasGator
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To: Finny

” a church lady or a liar.”

Supporting OMG’s and denigrating church goers ...

Who’d a thought.


63 posted on 09/26/2015 10:50:11 AM PDT by TexasGator
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To: TexasGator
Instead of answering a simple question, you toss qualifiers on it to avoid answering.

*sigh*

You stink like yesterday's diapers.

64 posted on 09/26/2015 10:52:03 AM PDT by Finny (Be ready to own what you vote for. Voting "against" is imaginary.)
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To: Finny

In his speech to Congress, the Pope describe four great Americans.

One was Dorothy Day.

DD was a rebel. An anarchist and a communist.

She praised Lenin, Stalin and Mao Tse-Sung for their love of their people.


65 posted on 09/26/2015 10:53:36 AM PDT by TexasGator
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To: Finny

How many of them are LEOs?


66 posted on 09/26/2015 10:53:45 AM PDT by ExyZ
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To: Ethan Clive Osgoode

How do you explain two-thirds of them lacking prior arrests, let alone convictions?


67 posted on 09/26/2015 10:54:48 AM PDT by Finny (Be ready to own what you vote for. Voting "against" is imaginary.)
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To: ExyZ

LOLOL!!! {^) Good one!!!


68 posted on 09/26/2015 10:55:32 AM PDT by Finny (Be ready to own what you vote for. Voting "against" is imaginary.)
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To: Finny

“Instead of answering a simple question, you toss qualifiers on it to avoid answering.”

Can’t answer unless you qualify it. Unlike you, I don’t group the OMG’s criminal activities with the decent bikers.


69 posted on 09/26/2015 10:55:53 AM PDT by TexasGator
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To: House Atreides

He is slipping then. It is usually 75-90%.


70 posted on 09/26/2015 10:56:50 AM PDT by sport
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To: TexasGator

Well, we can agree on one thing. Is the glass half-full, or half-empty, or is someone off their rocker?

Biazrre -

http://www.washingtonpost.com/news/powerpost/wp/2015/09/25/the-congressman-who-stole-the-popes-water-glass-and-drank-from-it/


71 posted on 09/26/2015 10:58:18 AM PDT by ExyZ
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To: ExyZ
How many of them are LEOs?

Yes, a good laugh.

But on a more serious note, exactly to the point. Real law men, righteous law men in a free Christian nation of civilized folks, are worth their weight in gold. They are helpers and protectors. They solve problems among folks and use their authority to pursue those ends. They are righteous good cops with the right priorities, and they especially influence delinquent yutes with their priorities.

The sicker, harder question, is that in a random group of 200 LEOs, how many would be authoritarians in use of force and oppression, as opposed to helpers?

This whole business at Waco makes me sick for the righteous cops in Texas. It makes them look bad because the Hollywood/LEO narrative assumes they're lops to have missed catching so many criminals earlier.

I wouldn't be surprised if there was rebellion brewing in LEO and that a "righteous" LEO biker club might be ... well, at least good fancy! {^)

72 posted on 09/26/2015 11:04:35 AM PDT by Finny (Be ready to own what you vote for. Voting "against" is imaginary.)
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To: Finny; ExyZ

“LOLOL!!! {^) Good one!!!”

ExyZ has a fanbot!


73 posted on 09/26/2015 11:08:44 AM PDT by TexasGator
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To: ExyZ

He is going to display it along side of his Obama glass.


74 posted on 09/26/2015 11:11:15 AM PDT by TexasGator
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To: TexasGator

“Nowhere in your link does it instruct anyone to NOT cooperate with law enforcement investigations.”

Well, then we will say “get lawyered-up”.

As the esteemed McLennan County DA says -

“I’ve heard enough about my person was a victim and most of the people were victims,” he said. “Well, guess what? If they’re victims they shouldn’t have any problem coming to law enforcement and cooperating to be sure justice is done and the individuals solely responsible are brought to justice - and through the first round of interviews we aren’t getting that,” Reyna added.

On another aspect of this subject, I just noticed this =

“and the individuals solely responsible are brought to justice”

Individuals. Soley. Responsible.


75 posted on 09/26/2015 11:16:19 AM PDT by ExyZ
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To: TexasGator

Hahahaha. Good one.


76 posted on 09/26/2015 11:22:11 AM PDT by ExyZ
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To: TexasGator

I do know that it’s not difficult, actually very easy, to tell a high velocity round like .223/5.56 from a pistol round.

Since when did police not use pistols though?

It’s pretty damn sad that, after all this time, so called experts can’t discern rifle rounds from pistol rounds.

Hopefully the police didn’t deploy any submachine guns. I know for a fact that they shoot pistol rounds. .45, 9mm, .40 calibre.

Tell me again. Why would you think that the police only shot .223?


77 posted on 09/26/2015 11:40:22 AM PDT by saleman (?)
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To: saleman

He will return, just went to ask the boss what to say.


78 posted on 09/26/2015 1:28:13 PM PDT by easternsky
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To: saleman
" I know for a fact that they shoot pistol rounds. .45, 9mm, .40 calibre."

There is NO indication that they did at Twin Peaks while there is abundant indication that the bikers did.

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!

79 posted on 09/26/2015 1:39:03 PM PDT by TexasGator
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To: ExyZ

“Well, then we will ...”

Thank you for acknowledging my ‘correction’ of your post.


80 posted on 09/26/2015 1:41:14 PM PDT by TexasGator
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