The Disgust of the Waco Biker Massacre At Twin Peaks

Lady Justice, twin peaks biker shooting
Lady Justice Isn’t Blind

“The more things change, the more they stay the same.” Jean-Baptiste Alphonse Karr

Since May 17, a lot has happened, except of course, for those arrested in the Waco Massacre. The most important piece of evidence which could clear or convict every single biker and put to rest all the rumors and speculation, is still a secret. At this point, we are more likely to get the secret formula to Coca-Cola then the surveillance videos from Twin Peaks.

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I know plenty of law enforcement officers and they have told me the stories when they say “we have video” to a suspect and what their reaction is like. But, I cannot think of any time neither do my LEO friends when so many “criminals” are begging to have the video surveillance of Twin Peaks released.

Police in Ferguson recently released surveillance video of an officer involved shooting. Why? To prove their innocence! Police in Arlington, Texas, just under 100 miles north of Waco, released audio of a fatal shooting. Why? To stop the rumors! Just do a Google search on how many times police have released a video, even while a criminal investigation remains pending. The Waco Police Dept. continues to hid behind the veil of a “pending investigation.”

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One biker, Bill Jason McRee, has even objected to the prosecutors postponing an examining trial. Think about that for a second. Yes, there are strategic reasons at times to push a case forward but in a case such as this with prosecutors, police, and investigators working on this case around the clock, this isn’t one of those scenarios. Is that biker in a rush to go to jail? Of course not!

Are the motorcycle clubs crazy to ask for the videos to be released? Of course not! They know what we have all known from day one! Then why not release the videos? Why not release records for which the public normally has access to? The answers to these questions are simple: once our legal system became litigious instead of searching for the truth, it became a game about winning at all costs, even at the cost of those innocent.

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From the beginning, I blogged how this would play out, and unfortunately, I am right for now. Money is not the root of all evil but when money is the reason these bikers cannot go forward with what is left of their lives, then money is the root of evil.

The Prosecutors are hiding behind the grand jury; the most lopsided legal process in existence. Of course, no surprise they are using the grand jury to hand out indictments that way prosecutors can say what they always say: “the grand jury spoke and handed the indictment.” Another form of pleading ignorance and plausible deniability.

Grand juries have been called rubber stamps for the prosecutors according to the Department of Justice’s own study (“Grand juries are notorious for being ‘rubber­stamps’ for the prosecutor for virtually all routine criminal matters.” (Plea Bargaining: Critical Issues and Common Practices, by William F. McDonald, (U.S. DOJ, National Institute of Justice, 1985).)

Judge Sol Wachtler, an advocate of eliminating the grand jury process, coined the phrase those in the law profession have heard so many times; that a prosecutor could get an “indictment on a ham sandwich.” Why? Because the process is completely tilted in favor of the prosecutor.

The Prosecutor presents evidence to the grand jury. There is no defense counsel, no judge, the rules of evidence don’t apply, and the proceeding is done in secret.

From 2009-2010, statistics from the Bureau of Justice reveals than in more than 162,500 cases prosecuted by U.S. attorneys (federal), grand juries voted not to return an indictment in only 11 cases or in 0.0068 percent of the time. A grand jury is comparable to having an argument by yourself, meaning, you will win that argument every time.

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As time goes by, reduced plea offers will be made. Over 90% of cases are usually plead out. Once that happens, kiss goodbye a civil rights violation lawsuit. I cannot blame the bikers for wanting to put this behind them especially since trials aren’t cheap. The bikers may not be able to afford a trial anymore than the city of Waco can afford civil rights violation lawsuits that would amount to hundreds of millions of dollars. If the bikers go to trial and win, the prosecutors will say they didn’t file the charges (information), it was the grand jury (indictment) that said we have enough evidence to proceed with convictions. This is no longer the practice of law, but the game of law.

Unfortunately, those tied into this tragedy have been let down by government at the local, state, and federal level. The entire system has been a failure beginning with absurd $1 million bonds issued by a justice of the peace who is NOT a judge, WITH fill in the blank arrest warrants, Waco PD making up the exaggerated facts as they go along, gag orders, not releasing the surveillance videos, blocking access to public records including autopsy reports, the prosecutor and judge are former law partners, and the grand jury foreman is a Waco Police Detective.

If this goes to trial, I doubt it will be televised. I’m just waiting for my Cousin Vinny to be at the hearing while the judge asks “what is a yute?”

Lady Justice isn’t blind in Waco, she is not even there! She’s most likely being held on a $1 million bond on trumped up charges.

MC Atty

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17 thoughts on “The Disgust of the Waco Biker Massacre At Twin Peaks

  • Pingback: Waco Indictments & A Ham Sandwich | M.C. Atty

  • September 3, 2015 at 7:44 pm
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    I think they are feel to ride wherever they want. You based their guilt on….?

  • September 3, 2015 at 7:41 pm
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    Amanda, the funny thing as you mentioned, this is Texas! Texas like Florida, loves their guns (the country in general). I was in Waco and I carried my gun in my saddlebag or on me, plus my girlfriend in the truck had another gun of mine. It’s not only legal, like you mentioned, but you are traveling to parts unknown, especially me through back roads where there is no cell signal or no one has driven by in 20 minutes, of course I will carry and everyone else I know will too. This comes down to what I call the Copperfield Effect (after the magician). Look at this hand while my other hand is hiding something. Who cares how many weapons which was obviously loosely defined. The number has changed so many times no one can report the correct amount. They keep mentioning weapons, look how many weapons so you lose focus. When you say 300 weapons, it sounds like a lot but that amounts to 1.6 weapons per person. Everyone I ride with has more than that and they are not part of “criminal biker gangs.” Most carry a firearm and knife. that’s 2! IF you actually count chains from vests,etc… then the bikers were “under” armed!.

  • September 3, 2015 at 7:33 pm
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    Club Member, I agree with you as you have read in my prior blogs. This is a kangaroo court and hard to believe in 2015 this is actually happening!!

  • September 3, 2015 at 6:46 pm
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    All your brothers are not innocent, period! Y’all had no business being at a meeting you refuse to be a part of.

  • September 3, 2015 at 6:56 am
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    Robin Smith, you are an embarrassment. I guess “innocent until proven guilty” means nothing to you. The police said the bikers are bad guys, so you just swallow the BS whole. How about wondering why the video hasn’t been released? How about wondering why these cases STILL haven’t gone to trial? How about wondering why things that nobody in their right mind would call a weapon (like a 2-inch chain with snaps on both ends to hold a vest closed) are being called weapons so the police can pile on as many charges as they can think of? How about wondering WHAT THE FUCK IS GOING ON IN THAT KANGAROO COURT IN YOUR TOWN?????????

    Jesus Christ, catch half a clue.

  • September 3, 2015 at 6:03 am
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    So it was all the bandidos?? Pretty Bias I see! I probably know why. I just want to say one thing.. Before you start “pointing fingers” again… maybe you should do your homework on WACOS FINEST PD and these motorcycle clubs or “Gangs” as your calling them… Maybe, just maybe, then you will not believe everything you see on TV and the BULLSHIT LIES WACO PD AND THE MEDIA ARE FILLING YOUR HEAD WITH.. Moving on to your “justified” comment. So I’m guessing that 1 man out of the 9 men that were killed.. Was justified? He wasn’t a Bandido.. He did not even belong to a MOTORCYCLE CLUB, Hs was a decorated vet, he was the sweetest/ most caring human being I have ever met and he did not like violence!!!!.. He would give you the shirt off of his back if you needed it!! he had NO idea what he was walking into that day.. (I don’t think anyone expected something like that).. But yeah I guess your right that was justified as well?? 😤 Oh and thanks for the heads up about all of these crazy things we are calling weapons these days.. Toe nail clippers, a pocket knife, a chain for your wallet, vest/cut. So yeah I’m sure these MC’S are very sorry for not knowing these items were considered WEAPONS… As far as the GUNS.. That’s all PROTECTION.. Plus it’s TEXAS & it is legal to carry as long as you have a C.H.L.. In my opinion.. It doesn’t matter who the hell you are.. If I’m leaving my town on a bike you better bet your ass I will have protection… I would love to see you get on a motorcycle, ride to a unknown town and tell me you feel safe sitting at the red light with nothing around you keeping you safe…. I PROMISE YOU… the fact that you know that you don’t have a cage protecting you from someone that could just walk right up and rob you, kill you, do whatever they please to you.. You couldn’t do it.. It would the most unsettling experience and you would want a gun with you.. .Oh and for Waco PD.. Let me just say this. They are full of shit,(Swanson Especially) they cant keep their count on all of the CRAZY weapons.!they can’t keep their stories straight as to what exactly happened on that very Traumatic day. (did it happen in the bathroom, inside the restraunt or outside? I don’t think they even know… remember when they said all bikers that were killed are confirmed “gang members?” That was bullshit because my friend didn’t belong to a club!! Why did they confiscate EVERYONES (not just the bikers) phone & then do a hard reset on them? Why won’t they release the video sv?? they claimed to know there would be problems.. Why didn’t they stop it? They are cops!!! They could have! They didn’t permission from twin peeks to shut the C.O.C Meeting..WACO PD knew what they were doing or at least thought they did.. Until they realized all of the mistakes they made!! Now they are trying to come up with a plan to cover their asses in court that’s why there is a gag order!! If the bandidos or any of their support clubs & mom and pops clubs are as bad as you think they are ,don’t you think these men and women wouldn’t have just sat their and cooperated as well as they did, not causing any problems for anyone.. Especially after witnessing a traumatizing event like that?

  • September 2, 2015 at 3:50 pm
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    He would have access to the public defender, but truth be told, this case should be tried outside of Waco, preferably outside of the state of Texas. In a small town like Waco, the jury pool has to be tainted.

  • September 2, 2015 at 3:33 pm
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    Why aren’t attorney’s stepping up to help the innocent victims? I have a friend that was there and charged with this injustice he has a handicapped child at home and lived on one income. Thay don’t even have one income any longer because he lost his job because he was in jail so long. They can not afford and attorney. I’m positive he is not the only one in this situation.

  • September 2, 2015 at 12:51 pm
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    Hopefully they get the last laugh.

  • September 2, 2015 at 2:42 am
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    Bikers are getting. Hosed , railroaded ,thier rights stripped from them and it seems nothing will be done .

  • September 1, 2015 at 9:53 pm
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    Stacey, as you say “weapons.” Very loose definition. Thanks for commenting, good luck to your friend.

  • September 1, 2015 at 7:44 pm
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    I have a friend who was charged with “weapons” – he is ex-military and his son is current. Some of this weapons included: a pocket knife (I carry one in my purse), the chain to his wallet that hooks to his belt, the chain on the front of his vest for closure, the chain “stirrups” on his boots. For the MC people, I am not in a club, this is just a friend of mine, who watched his best friend die. I do not know all the terminology, but I know my friend. BS

  • September 1, 2015 at 7:25 pm
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    Well, those carrying weapons, the overwhelmingly majority carried weapons that are legal within the state and U.S. Constitution. Not to mentioned lots of items are being labeled weapons that really aren’t. Based on a loose definition, everything can be a weapon. I visited your town and every town I did my last trip through carrying a gun on the bike or on me, and one in the car. So I can be added to that list. Not to mention and Texans would agree, they love their guns. No one should be fighting with anyone, but that is based only on the version given to the public by the Police Dept. that refuses to release the video or any other information, which is odd to say the least and unprecedented. Yes, many were released weeks later after the absurd $1 million bond issued by the justice of the peace (who lacked experience and signed cookie cutter arrest warrants) who clearly told the media “a message had to be sent.” Outsiders? Waco PD and the prosecutors are insiders. As an attorney I can say I have never seen anything like this handled as it is, and no legal expert has yet to go on tv and give a thumbs up to Waco Pd, the Prosecutor’s Office, or the A.G.

    As to “gangs” labeled by whom? I have mentioned plenty of times one guy in an mc doesn’t make the mc a gang anymore than 1 bad apple attorney makes a law firm a gang.

  • September 1, 2015 at 7:10 pm
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    I have to agree to disagree. Living in Waco and following this closely, I am so angry that the biker groups brought weapons, and other items into our town. The Bandidos had no right to continue the fight they had going with the rival gangs. The fact that the Waco Police and other law enforcement agencies took all there into custody is justified. The fact that many were released right after the incident is a fact. It is difficult for law enforcement to determine who was right and wrong in this scenario. Again Waco is labeled Wacko, but due to outsiders again. Maybe we need a wall around Waco. I know there are many bikers who do a great deal of charity work. I admire them. But these gangs who are labeled as criminal need to be put under the jail.

  • September 1, 2015 at 6:52 pm
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    My pleasure. Nothing but pure disgust on how this is being handled. Good luck to you guys. Keep pushing forward!!!!

  • September 1, 2015 at 3:59 pm
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    Thank you for speaking the truth. All my brothers are innocent period!

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