The Latest on Waco Shooting- A Shocker!

twin peaks biker shooting
Twin Peaks Waco Texas

A civil rights violation lawsuit was filed last Friday by one of those arrested at the Waco Shootout. The facts alleged in the complaint, if true, only confirms what I have believed all along.

Matthew Clendennen, a member of the Scimitars Motorcycle Club, filed the lawsuit. Clendennen has no prior criminal record, is a former member of two fire departments in Texas, has a graduate degree in business and finance from Baylor University, and is a self-employed business owner with six employees. He is also the father of two children; one with his current wife and has he custody of his first child.

***

When this story first broke, a lot of facts were not adding up. The most important fact was why a $1,000,000 bond was set per biker? It seemed excessive to say the least. As I wrote in a prior post– with time, the facts would be revealed.

For one, all those arrested were charged with engaging in “organized crime.” These might be common charges in situations such as the Italian Mafia where they have been under surveillance for months at a time or one of its members gets arrested and decides to “flip.” Or, if law enforcement has infiltrated a gang and has enough evidence to proceed with criminal prosecutions against multiple members. But, I haven’t seen it with these type of facts and just one incident.

I was waiting for the bikers to be charged individually, but, these trumped-up charges has resulted in criminal defense attorneys throughout the country stating that the Waco State Attorney’s Office has their work cut-out for them. I agree. With the facts presented, I fail to see how “organized crime” charges will stick.

*****

The issue with a $1 million dollar bond was also mind boggling until now. The arrest warrants were issued by a Justice of the Peace, not a judge!

A Justice of the Peace has the authority to hear misdemeanor cases if no jail time is sought and in civil cases not exceeding $10,000 (small claims courts). The Justice of the Peace that issued the arrest warrants, Walter H. “Pete” Peterson, is a former Public Safety Trooper with no formal legal training; meaning he is not a judge nor an attorney!

*****

While I am no expert on 4th Amendment Illegal Search/Seizure law, I do have 16 years of experience in the law as an attorney, that of course after 3 years of law school and passing the Florida bar exam. I also teach 4th Amendment law at the undergraduate collegiate level, which means I definitely have more experience than Justice Peterson.

With that being said, with cases as legally complex as this one, at a minimum, a judge with criminal law experience should have issued the warrants. My original question of what kind of a judge would issue a $1 million bond in these cases was finally answered- NO JUDGE!

To have a Justice of the Peace with no formal legal education issue the arrest warrants in a high profile legally complex criminal case, makes a mockery of our legal system. Or, was Justice Peterson chosen because the Waco Police Department knew he would rubber stamp the arrest warrants?

*****

Of course, the attorneys involved, have proceeded to file motions on bond reductions and habeas corpus writs, but from what I have read, those hearings aren’t scheduled until August. In the meantime, everyone is being held on a $1 million dollar bond and those like Clendennen, will be at risk of losing their homes and businesses, while their bikes sit impounded at a tow yard. Up to now, only one person was able to post bond.

*****

The Complaint Affidavit that was filed with the lawsuit, mentions that Bandidos Motorcycle Club and the Cossacks Motorcycle Club are “criminal gangs” according to the Texas Department of Public Safety, but it doesn’t state that for Scimitars Motorcycle Club; a crucial fact that was omitted. An oversight? As a matter of fact, it seems the same arrest affidavit was submitted for all the bikers arrested with the only difference is filling in their names and dates of birth in the areas left blank. Rubber stamp?

*****

The surveillance video from Twin Peaks has yet to be released to the public, but it was shown to the Associated Press which reported it is clear one shot was fired from one club member to another. This occurred outside, not inside as reported by the Waco Police Department. They were there, not sure how they got that wrong.

From there, bikers start running into the restaurant to hide inside, which included the kitchen and the bathroom. There is even footage of bikers waving to patrons of the restaurant to take cover. When the police entered the restaurant, there were already bikers spread eagle on the floor.

Unfortunately, too many bikers and motorcycle enthusiasts who happened to be present were arrested as well, including one club member of Vice Grip Motorcycle Club, which is comprised of mechanics who work on vintage bikes, especially Harley Davidsons.

*****

There seems no doubt so far that the Waco Police Department has overreacted by arresting anyone and everyone that was there, whether part of the shooting or not, including groups that meet at Twin Peaks twice a month to discuss bikers’ rights.

What this means is if someone like me who is not privy to the happenings of the motorcycle community is in Waco and sees a couple of hundred of motorcycles parked at one location, I’m thinking great- a motorcycle party or event. I would have been the first one to stop, hang out, talk to the bikers about what roads to take, etc… only to be arrested and sit in jail with a ridiculous $1 million bond that was issued by someone who doesn’t have the qualifications to make such a determination in the first place.

Too many “were at the wrong place at the wrong time” and the price for that is $100,000 out of pocket plus attorney’s fees. Meanwhile, Dennis Hastert, the former House Speaker who has been indicted for violating banking laws and using $3.5 million in funds as hush money to hide “prior wrong-doings,” well… his bond was set at $4,500.

*****

A few days ago I told a friend how I thought this would play out- so I’ll do it now.

A very large percentage of these cases will be dismissed all together or reduced plea offers will be made most likely to misdemeanor offenses. Those offers will mostly likely be accepted because litigation is expensive and many would want to put this behind them and move on with their lives. However, how many will seek lawsuits based on violations of their civil rights?

The state will be applying pressure for convictions in their plea offers or maybe even push cases to trial to obtain convictions because a conviction will make it that much harder to win a civil rights lawsuit. A civil rights lawsuit will not only be expensive if lost for the city of Waco, but it also means more litigation and more scrutiny for the clubs, which they may wish to avoid all together. One thing is for sure; there are more twists and turns to this case than a ride on the Dragon.

*****

Regardless, it’s time for the bikers in Texas to unite and start scheduling rallies all over Texas to bring further attention to this case and with luck, some investigative reporting will be done. At these rallies, donations should be collected for a defense fund for the bikers. They need help now more than ever, whether club members or not, they are entitled to a defense by competent counsel!

Good luck to all those arrested.

MC Atty

 

 

 

166 thoughts on “The Latest on Waco Shooting- A Shocker!

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  • December 18, 2015 at 1:16 am
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    Waco is disgusting. Regardless of the outcome, there has been zero transparency from the beginning. The fact that fill in the blank warrants were issued and ridiculous bonds issued for every single person who happened to be there, is a slap to our judicial system. I keep saying, if out of town, and I see a biker event, I would be weary to stop and see what is going on.

  • December 14, 2015 at 11:34 pm
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    what we think of as America is now gone, its been happening all along..but as of late at a accelerated rate..homeland security act patriot act NDAA citizens united….extremely bad stuff…and at this point The constitution appears to be merely a suggestion. I also served..and now vets even are listed as terrorists….Waco is obvious…

  • September 14, 2015 at 12:58 pm
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    Mr. Kelly, first of all, thank you for your service. What occurred that day is beyond understanding to us all, especially in the year 2015 in the U.S.

  • September 13, 2015 at 3:20 pm
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    I like the article, however I think it leaves out a lot of the injustice that was done that day. I personally cannot even believe it actually happened that way, and as a former marine I’m dumbfounded by the actions of the police. What happened that day was totally un-American, un-lawful, and down right criminal on the part of the justice departments.

    The only people I see these days running around acting like gangs are the Police.

  • August 6, 2015 at 3:10 pm
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    Thanks for your well written comment. I have not replied sooner since I have been out of town for 3 weeks.To my understanding, the TP surveillance video was shown to the AP. The video from the mexican restaurant I know as leaked out before I left, but it didn’t seem to show anything.

  • August 5, 2015 at 5:51 am
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    Hey M.C., just a few critiques that I wanted to point out.
    First, I’m not going to mention the JP stuff because I have seen other people have already mentioned that.

    Second, I like that you do keep your comments logical and that you provide basic explanations (not bashing your explanations, saying you keep them simple for people not in law)

    Third, I would suggest writing this like a legal brief and take the opportunity to further inform your readers. For example, in your bond example. We both know one of the factors for bond is an amount sufficient to ensure a persons appearance at trial. A high profile official who is indicted will not have a high bond because the court knows the person can’t hide. But here, the majority of bikers were not from Waco and that fact alone justifies a higher bail. Im not saying it justifies a million but it does justify a higher amount.

    Fourth, you failed to mention that not all videos were shown to the press. There were videos sent to the FBI that no one has seen yet. So you can’t say the videos only show one thing when in fact we don’t know yet what all the videos show.

    Fifth, I appreciate you writing about Texas law but as others have said you should have looked at the laws before making specific conclusions regarding Texas Law. Specifically you should look at the Texas Penal Code about the organized crime laws. Basically, for conspiring, but not committing, a person charged under that statute will be charged with the same level felony as the underlying crime that was conspired for (if the underlying crime was a 3rd degree felony then under the organized crime statute the person would face 3rd degree felony charges). For a committed crime the person will face one degree higher in penalty than the underlying crime (if the underlying crime was a class a misdemeanor then the person would face a state jail felony) except for 1st degree felonies, then the person would face a 1st degree felony. the bikers were arrested under the organized crime statute for conspiring to commit capital murder. under that statute the bikers, if charged, are looking at 1st degree felony charges. We both know when a person is facing 1st degree felony charges there bail will be very very very high.

    Lastly, I am not praising the police/DAs use of this statute but technically following the statute is not a crime (just like arresting someone for jaywalking, it is perfectly legal for an officer to do). The laws of any state can be very effective tools in the hands of those that know how to use them (this goes for DAs, defense attorneys, and plaintiff’s attorneys). I hope I have provided you with some information based on Texas law on how the bail amounts might possibly be defended later down the road.

  • August 2, 2015 at 2:27 pm
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    Great article… the bond reduction hearings began in early June, although a few gained release before that, they are all done now, maybe up to four were not released due to warrants elsewhere. I hope no one allows Waco to get away with this… thanks for sharing the info, the world needs to realize we are not a bunch of gangs here… even our local Bandidos work hard for peaceful community, no matter what the news reports they all did decades ago or in other countries. Things are different here now, have been for the past decade and this Waco crap in my opinion is a script written by Sgt Swanton to help his own agenda as he’s running for McLennan county sheriff! Well, God be willing, more truth will come out before the voting is done and he will end up on the other side of the bars, where he definitely belongs!

  • July 31, 2015 at 11:51 am
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    Our justice system is lacking … justice. it seems it also has become about the money, power and all too many abuse both.

    Take a misdemeanor conviction because its cheaper, I have a very real problem with that statement even if it is “realistic” what happened to what is right.

    Seems Lady justice sees who can put the most Gold on the scales. I have seen too many honest, innocent citizens brutalized by our justice system, its all the justice you can afford. and the system beats you down with that club again and again.

    Also please differentiate between 1% and MCs , lots of great organizations out there.

    All that said if your wife or daughter were broke down on the side of the road whom do you hope and pray will stop to help them.

    Brian Cox, Sons of Light, Jesus and GOD are the only Judges. all others are just men!

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  • June 11, 2015 at 4:33 pm
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    Kendall- thanks for the post. Sad to read they aren’t biker friendly. Like everything else, there is good and bad, and yes, with time, all the facts would be revealed. I ride with clubs, independents, and LEMC, and I consider them all friends and great people to ride with.

  • June 11, 2015 at 4:30 pm
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    David, I remember someone mentioning that before, and they actually said you can see them while Sgt. Swanton is being interviewed, they are walking around with their faces blurred, but I haven’t seen the video so can’t confirm.

  • June 11, 2015 at 4:23 pm
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    i still have not read anywhere about the IRON ORDER MC ! I have been told by others they were present at the time ! They are all or for the most part consist of law enforcement !It is well known who they are and whom they represent ! If they were there at this event in question i would take it to the bank that they had something to do with agenda for that particular day of events !

  • June 11, 2015 at 2:06 pm
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    I have lived in Texas for 20 yeras moved from the state of Alaska so I could be able to ride year around down here. I have rode all over the state other than Waco I have rode around it but never anywhere in Waco. I was told many years ago that it was the most unfriendly biker city in Texas. It is a shame that this has happened and that the PD idiot labled all of us as gangs. I do not fly any colors but do respect anyone that does. I have a family work in the oilfield and have many brothers and siters that fly colors and work beside me. It is by our choice if we choose to ride with a club or not. But we all are brothers and siters of the same freedom we so enjoy. Live to ride Ride to live. I support all. This will come out in the near future and it will be a black eye on the law enforcement in Waco and so deserved. I ride with brothers and siters in Law enforcement and enjoy them very much.
    I go to many events support many functions and will keep doing so. In the end the God Lord will make this right for all the brothers and siters in Waco.

  • June 11, 2015 at 12:49 pm
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    (not a misspelling)? Better check a map there George.

  • June 11, 2015 at 12:35 pm
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    A lot of motorcycle riders are veterans. Most motorcycle riders are not “patch holders”. Most of us are free thinking, American’s that defend the constitution of this great land. Our brothers, sisters, fathers and mothers and our children fought and to this day still fight for our constitutional rights.
    What the media has done because of the outright lies told by Waco PD on national media, is an attempt to discredit we people that choose to enjoy the tranquility that two wheels offer.
    We soon will be starting a class action lawsuit for defamation of character aimed at Waco PD comments, lies and accusations. We also have in motion a letter that is going nationwide to the US Attorney General seeking full public disclosure, restitution for those brothers and sisters that have been damaged and to the people that worked at Twin Peaks and to the franchisee at Twin Peaks.
    We also seek a public apology from the same Waco PD spokesman that started these lies to begin with.
    We feel, this whole thing was a set up from the get go. This “exercise” is not less than what Hitler and his band of Nazi followers did in Germany to “dissidents”. Short version, an experiment by the propaganda machine to discredit caring, patriots.
    Will we get justice? Will we ever find out the “truth” behind this ambush? We pray that the light will shine and justice will be served.
    msabate.org and http://www.onabike.com – We need your support.
    Peace

  • June 9, 2015 at 7:13 pm
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    Semantics on Waco S.A. and D.A. Regardless, I don’t think I have stirred the pot on this one, I think they have succeeded on their own. While I am not licensed in Texas and never claimed to be, I am definitely qualified to object to a $1 million bond. And while you have may issued endless $1 million bonds, I am interested in knowing if you would have actually issued a million dollar bond to every single person that was present? I also never denied that a JP can issue the warrants, again, I object to it. It’s obvious this was going to be challenged and I continue to be of the opinion that it would have been better to have an experienced judge like yourself issuing the bond. And while a Motion to Reduce Bond which I mentioned previously sounds great, when hearings are scheduled 3 months later, then it goes back to the same issue of excessive bond. There is no denying there are major personal consequences to someone awaiting a bond hearing for 3 months, especially if that bond is reduced. Three months is more than enough time to have your home foreclosed on, loss your business/job, car, etc… That is why I have said repeatedly “it doesn’t end here.” There are always consequences.

  • June 9, 2015 at 4:39 pm
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    I have to agree with RM. In Texas a Justice of the Peace is a Judge and a Magistrate. Any Magistrate has the authority to set a bond in any amount. A motion to reduce bond can be heard by a Judge who will have jurisdiction over the actual filed case, here that is a District Court Judge. Additional info for you is that Waco is located in McLennan County, Texas. There is no Waco State Attorney’s Office. The State of Texas is represented by the McLennan County District Attorney. Incorrect legal comments from an attorney not licensed in Texas only stirs the pot a bit. I have been licensed for 38 years in Texas and 6 of those years spent as a Judge of a County Court at Law with criminal and civil jurisdiction. And I set several bonds at $1 million and had no jurisdiction of the actual felony case.

  • June 7, 2015 at 12:38 am
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    We are talking about Wacko (not a misspelling) Texas, right?. This city has a notorious track record for screwing up these sorts of things and this wasn’t a crime scene until the police started killing people.

  • June 6, 2015 at 6:05 pm
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    Thank you for your insight Texas Mommy. As always, there are repercussions. I’m sure things will be a little more complicated for Sturgis in a couple of months, I’m sure the people in Waco are frustrated and on edge, and I’m sure whenever someone sees a biker, nothing negative crosses their mind.

  • June 6, 2015 at 5:41 pm
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    Texas IS a great state. To visit, and to live. Like all paves, we have our…..”quirks”. (Please understand I’m not using that term in regards to the horrible injustice that happened in Waco, at all! But rather in regards to our ….odd laws and awesome sites and whatnot.) What happened in Waco is devastating, no doubt. Please don’t hold it against our wonderful state. That would be like blaming everyone in Texas for Austin. (I live outside Austin, and have sadly watched it change so much over the past 30 years, physically, politically, and more.)
    I must say, I loved the show you referred to earlier, but also know that it was mostly a work of fiction. I believe very few MCs work the way SAMCRO did, but it made for good tv. I’ve known many folks who were a part of one MC or another, and that was not the story of their lives, or anything close to it. I’m a “wannabebiker” myself lol but am too ill to ever get that chance. Being so ill though, I’ve had Dr’s and nurses, in hospitals and private jobs, who were pillars of their community and also in one motorcycle club or another. We have several local clubs made up of veterans, EMTs & paramedics, Dr’s, lawyers, nurses (male&female), teachers and even *gasp* law enforcement. We regularly see charity runs, for one cause or another.
    When a tragedy like this happens, it’s easy for some to lump everyone in the same category. When in reality, there is a criminal element almost everywhere you look. But MCs look so hard & rough & tough & have a bad history due to a few people or groups that are corrupt. Guess what, corruption is everywhere! I’ve met some amazing people who just happened to be in one MC or another, and I’ve met amazing people who were law enforcement. I’ve met horrible people who were teachers and doctors. You can’t judge someone by a TV show. You can’t judge one club by the actions of another.
    I know I’m all over the place here, but I’m so enraged by all the wrongness done here, by law enforcement, by a few individuals in a few groups/clubs, and by the public in general. Driving through Austin this week, I saw people driving dangerously on purpose, endangering folks on motorcycles on purpose, some even yelled at them, horrible horrible things……all because they don’t know what happened. Only those there know, and they’re not talking for one reason or another (personally I think gag order, but I’m not positive and have no proof at all.) And I’m 100%positive that there are people who were there who still have NO CLUE what happened! But yet these people saw the news or read an article or three and are willing to risk the life of someone they don’t know, simply because they’re riding a motorcycle. Idiotic much?

    One of my children’s teacher last year was a “biker”.
    My favorite nurse at Seton also a “biker”, in a local MC too.
    Close family friend & her Marine husband are both “bikers”. (He was in an accident yesterday, and today is his birthday, please say a prayer for him or send healing thoughts.)

    They’re everywhere. People you know or work with, or teach or take care of your children, your doctor or nurse, the paramedic who saved you in an accident, the nurse who cared for you in the hospital after surgery, your banker, coach, lawyer……any of them could be one and you’d never know. Not all are covered in ink or look like the guys you see in movies or on TV. They have moms, dads, wives, husbands, children, grandchildren, family & friends, waiting for them to come home. So look twice while driving, watch out, take care, they are every bit as important as you and your family, they just don’t like cages. 😉
    Thank you sir for your blog. I enjoy your posts and your responses to comments awe me…..I’m a bit of a hot head rambler. (And not a biker or an “old lady”/wife, just someone who loves the community, the REAL one, not like on TV.)

    Blessings & prayers for all involved in the wacko Waco b.s.

  • June 6, 2015 at 3:24 pm
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    Thank you, I’m glad you are enjoying it. I just completed another post. Have a good day.

  • June 6, 2015 at 4:53 am
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  • June 6, 2015 at 3:36 am
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    It is known as “Judge shopping”. It was used to great success by Eric Holder, former DoJ Douchebag-in-Chief

  • June 5, 2015 at 11:37 pm
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    I do believe you are right if you run on that platform, you would win. My mother would be the first one to vote for you- she definitely would be a hanging judge.

    Over here, we have Hearing Officers and they deal with traffic tickets, child support cases, and small claims court, but they are attorneys. General Master is a common term for family court for us. They hear all issues in family court, but their rulings are required to be approved by the judge. I have always referred to them as “Judge” and “Your Honor.” To say otherwise, is disrespectful. There are however, hearing officers from the DMV, not a judge, that work on the administrative side of DUI hearings. They aren’t referred to as judges as they actually have their DMV uniform at these hearings. My first hearing caught me by surprise to say the least.

    As to the training, I personally, don’t feel comfortable with it. 80 hours is 2 weeks, while law school was 3 years (horrible 3 years I might add), plus here, I believe you need to be an attorney for 5 years before you can run for judge. Once elected, they of course have to do additional training. To my knowledge, no judges here ride, but I remember there is a retired judge from Ft. Lauderdale, who became addicted to riding, and now rides her Goldwing travelling the country. She is even a certified instructor.

    I have never been to Texas, although, I have a good friend in law enforcement that resides in Austin. Hopefully, later this year with my ride to South Dakota I can sneak some time in Texas. I imagine Texas is a great state to visit. Considering I love to ride motorcycles and play golf- seems like a great vacation spot for me.

    Thank you for your comment.

  • June 5, 2015 at 11:12 pm
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    Well said Debbie. You are right and I mentioned that when someone blasted me on my facebook business page. I said considering how bad everyone makes them out to be, it seems they are never involved in anything. Hundreds of chapters, thousands of members, and no real issues? I even wrote one post criticizing that the Miami Herald here in Miami published that attacked the clubs here in Florida. The article makes clearly nothing has happened in 14 years! But, whomever was quoted from law enforcement in that post, said it is too “labor intensive” to investigate them. So, it’s better to let them run around and do what they want at the risk of my safety, or is the most likely scenario- they haven’t done anything to be investigated for, etc….

  • June 5, 2015 at 11:04 pm
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    The Texas Commission on Judicial Conduct is no fun for a judge. There was a time when JP’s did not have to answer to the Commission but as JUDGES now we do.

  • June 5, 2015 at 10:49 pm
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    Any Magistrate can sign an arrest warrant in Texas.
    When you go to jail in Texas you will be brought before a magistrate and over 90% of the time that magistrate will be a JP ( Justice Court Judge) to determine if there is probable cause to keep you in jail and if so to set your bond.. I strongly recommend you do not tell him or her they are not a judge.
    Signing warrants is a magisterial function and any magistrate can sign a warrant of arrest and recommend a bond.
    JPs are required to get 80 hours of intense judicial education the first year and 20 hours each year thereafter. As in all level of courts (County, District, Municipal, etc.) there are some Judges who march to their own drummer.
    Except for municipal judges these magistrates are elected, so you could blame the voters if you like. For some reason voters think DPS or x-cops and even x-prosecutors will make good judges, and some do. I believe in my county if someone ran on the platform, “I will find everyone guilty!” they might win the election. However, most judges are reasonable and respect “not guilty until proven beyond a reasonable doubt.”

    You may be surprised at how many judges ride motorcycles.
    The only other thing I could add to this is, “Hey it’s Waco! It is in a different part of Texas.”

  • June 5, 2015 at 8:44 pm
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    Why are the words ‘organized crime’ only used when the group is ‘Italian’, ‘Mafia’ or relating to motorcycle enthusiasts?
    We rarely, if ever, hear trouble stemming from motorcycle groups yet they seem to be the number one focus of law enforcement today. Here we see some type of ‘sting’ action taking place on motorcycle riders who were peacefully gathering while we watch known gangs taking over the streets of Baltimore, Chicago, New York and even Ferguson.
    When the name Hell’s Angels is mentioned we are suppose to tremble in fear. Why? I have yet to hear or see any trouble out of this group in recent years. This while groups like Crips, Bloods, Latin Kings and many more gangs terrorize our streets. When will we see the charge of ‘organized crime’ used in these instances? When will law enforcement finally take notice of the real problem?
    No one knows the facts surrounding this situation. Waco, TX seems to have a history of ‘shooting first, ask questions later’. All one need do is look at the Branch Davidian massacre. The truth was much further than what we were told. Here too, when the truth is known, we will find out things were not as claimed.
    I’m sick of the cops going after a group where their only crime is love of riding a motorcycle. It’s time they start using the term ‘organized crime’ where it really belongs, in those gangs that are terrorizing our streets.
    I hope you continue to dig for the truth. We the people deserve to know, and those wrongfully charged deserve vindication.

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  • June 5, 2015 at 1:05 pm
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    Ram- I don’t even have to be an attorney to understand someone with no background as an attorney or judge has issued warrants on one of the most high profile cases this country has ever seen. If you read my articles, I call it like it is. I don’t play any favoritism nor do I twist/turn. I leave that to the media. You will see the truth behind that statement with my next post. I’m well aware of what a JP is and I have written in comments and blogs they have the authority to issue warrants. Besides, the Judges are reducing bond which only confirms my position.

  • June 5, 2015 at 12:37 pm
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    MC you may be an attorney but you do not know the law in Texas or you are trying to twist and misinform those the read your article. For your information a Justice of the Peace in a Judge in the State of Texas. They can and do have the authority to issue arrest warrants for felony offenses that will be heard in a District Court. You should know that an arrest warrant is based on Probable Cause and does not have to be based on evidence of proof beyond reasonable doubt. That is what a trial is for, to prove guilt or innocence based on the evidence submitted in open court. You did make some points that I agree with but you did make a lot of misleading points that is incorrect and downright wrong.

  • June 5, 2015 at 3:13 am
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    Chuck, coming from a LEO, I appreciate that greatly. My LEO friends agree with you as well. Tomorrow morning I’m planning on writing something along those lines of let the video dictate a few days later who gets picked up.

  • June 5, 2015 at 2:53 am
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    P.s. I have a feeling the Feds are driving this train … You just don’t get ATF and FBI at a moments notice at noon on Sunday but there they were Johnny on the spot. I really think Waco PD may be a scapegoat here

  • June 5, 2015 at 2:45 am
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    I am a retired LEO. I have some serious misgivings about this whole incident. Among those in attendance were Queens of Shebs (qualified women members of the order of eastern star), Leathernecks MC, Lod Pirados MC, Veterans MC, and others who are not members or affiliated with any OMG. I CAN FIND NO P/c for arresting everyone at the scene. Arrest the primary participants and then investigate others for criminal activity and proceed accordingly. What was done in this instance was issue. “John doe” warrants for everyone. Those are illegal !

  • June 4, 2015 at 11:51 pm
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    Major thanks for the blog post. Fantastic.

  • June 4, 2015 at 11:47 pm
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    David Neaves- Definitely. It has to be 100% transparency. No one needs any more negative attention.

  • June 4, 2015 at 11:46 pm
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    that’s actually a great point Old Coastie, and angle I never even considered. As to your last sentence, that is the general belief/theory.

  • June 4, 2015 at 10:35 pm
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    I am a rider. I used to be with a group of weekend riders, but decided that wasn’t my way.
    My question: They apparently had inside information (informants or undercover officers) warning you that for the first time in years of peaceful meetings, this particular COCI meeting is going to get violent. Otherwise, why station a SWAT team in advance? If they could call all these guys in on a Sunday afternoon just on speculation (or inside information) of problems, then why couldn’t they roust an actual judge with some criminal case history to make sure warrants were valid and not later challenged? The only answer I can come up with is they knew they could tell the JP anything they wanted to and he would go along with it.

  • June 4, 2015 at 9:25 pm
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    Someone needs to establish a fund, with a full time manager to oversee it, with some serious sunshine to keep it from being abused.

  • June 4, 2015 at 8:51 pm
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    You can imagine, Jerry. I”m sure after what happened in Vegas there was pressure to find all of them. And while he gets to sue, what happens in the meantime with all those bills lining up? Remember that song White Lies–?? A kid gets arrested does time, but a business name is caught with 24 kilos and he is out on bail.

  • June 4, 2015 at 8:08 pm
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    Extremely similar case to the Vagos MC raid of about three years ago…when the feds executed their sting for supposed drug dealing. My three Vago brothers from Hawaii were part of that raid. They were raided at 6 a.m. in their homes, held in “courtesy detention” for nearly a month under a $500,000 bail before finally being extradited to Vegas. The thing is, they were arrested NOT for drugs but, rather, for getting into a fight at a Vegas bar six months earlier. Also, one of my brothers wasn’t even part of that fight…he was in the booth, having a beer! Yet, he got arrested and detained for a couple months, and lost a very high-paying federal job. Yes, he is pursuing a civil rights lawsuit.

  • June 4, 2015 at 4:18 pm
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    Well said– Frank.

  • June 4, 2015 at 3:28 pm
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    A judge can fill the shoes of a JP but a JP can’t fill the shoes of a Judge ! How would you like it if the nurse filled the shoes of your surgeon just because it’s after hours!no !you would wait on a table waiting on the surgeon! That’s why jails have “hold-over tanks” To wait for the right hat !

  • June 4, 2015 at 2:00 pm
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    Acid Forming Foods–Thank you. I’m looking into it now, I use godaddy.com. It seems they are having some issues . I just tried with I.Explorer and that’s fine now.

    Thanks, glad you liked it. I set it up myself a few weeks and I had no clue what I was doing. I still don’t, lol. But, I keep learning and making small changes here and there.

  • June 4, 2015 at 1:57 pm
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    Thank you for the comment Rose. Some people just don’t get it and rather believe the SAMCRO is the reality.

  • June 4, 2015 at 1:44 pm
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  • June 4, 2015 at 1:27 pm
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    Keep up the good work Mister MC Atty thank you for sharing your thoughts with us all. I am afraid to say This resent events are getting more and more obscure by the second and You are sharing light to all. I Am an avid motorcycle rider since i was a kid i have been 2nd lady to a 1% MC i know how this world operates and it is not a “criminal organization” as they call us. Thank you for your continue effort in finding the truth about this horrible and tragic case and for your love to the motorcycle community.
    And that. T , TY or whomever whatever you are that do not have the balls to spell your full name or your real name you are just a lousy hater wanting to insult . i can’t even understand your statements. Go back to Kindergarten and start from the beginning . You apparently skipped reading comprehension & writing class entirely.

  • June 4, 2015 at 1:25 pm
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    John, I love that quote and I think I will be using it a lot. Thank you.

  • June 4, 2015 at 1:23 pm
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    Ramman, thanks for the post. If you have the article/link to the VFW raid, please share it with me. Ramman, I keep hearing how these “biker gangs” are this and that, but just amazing they don’t get busted running all the drugs and guns they keep talking about. Must be the world’s greatest criminals, especially that they are easily identifiable, have facebook, etc… Jax Teller would be proud. Makes for great tv, but not reality.

  • June 4, 2015 at 1:18 pm
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    First, thank you for your service Jeffrey. Sorry for what you have had to deal with. The criminal justice system is not perfect, and we should make all efforts possible to reduce errors and improve on it anyway we can, and that means limit the authority of JP’s from what I have seen. And you bring up the good point of what is lost. I keep saying it doesn’t end here. In a large town like Miami, no one knows who you are nor cares, but in smaller town like Waco, lots of those arrested will have their reputation destroyed for merely being involved in this tragic event. I read one person already lost his job (mind you, no one is guilty yet). It’s sad. The whole thing is. I hope in the end everyone just gets what they deserve, whatever that may be.

  • June 4, 2015 at 1:14 pm
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    Thank you Jeremy, I appreciate the nice comment and for the support. I’m hoping to have another post out tomorrow.

  • June 4, 2015 at 1:11 pm
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    Well said. From what I have read, there was LEMC’s present. The Associated Press was given access to the video and their story completely contradicts that of Waco PD.

  • June 4, 2015 at 1:07 pm
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    Thank you for your post, Franco. I have said it many times and will continue to say it- I don’t think anyone could disagree- if you did the crime, do the time. It’s those that were at the wrong place at the wrong time that we all feel sorry for. This has repercussions that don’t just end with an arrest and your bond reduced. If you go see your attorney and say I am facing organized crime charges and 15 years in jail- the attorney will reply my fees are this amount (very high). If you see your attorney with a misdemeanor charge, then of course, the fees quoted are very low. These people have to take large sums of money they may not have out of their pocket. Many have been assigned public defenders b/c they cannot afford attorneys (public defenders in a case like this is not a good thing).The police could have simply arrested everyone on a lesser charge, let them bond out, and if the surveillance video shows they did something worse, then let the state attorney charge them with a higher category crime. Or, arrest only those involved, watch the video, and if person “A” did something, issue a warrant for them. Instead, they played the “car game.” The sales person starts high, you start low, and you meet in the middle.

  • June 4, 2015 at 1:05 pm
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  • June 4, 2015 at 12:56 pm
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    Yes, they hear lesser cases. Cases where there is NO jail time and small claims type hearings. If he is a judge, why not call him judge? B/c he is not. It couldn’t be any simpler. There is a reason a doctor is referred to as doctor and a nurse, nurse. I refer you to the pc affidavit submitted by Off. Chavez. If you know p/c then you would know it is not sufficient, just like a “real judge” would know. At a minimum, a “real judge” would realize the same affidavit submitted 178 times would be a problem and either have the p/c affidavit amended or issue a lower bond. I continue to fail to understand how you say someone w/o a law school education, and not a judge, is a judge! You refuse to reply to my comment that a non-doctor should operate on you b/c you understand that lacks logic and reasoning. I would love to see your reaction if you or a loved one get arrested, a $1 million bond is issued, and your attorney says “oh, a judge didn’t issue that bond. No, a JP whom never attended law school issued that.”

  • June 4, 2015 at 10:01 am
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    I am a Canadian and have rode with two different 1% clubs in my past. I have always envisioned that most Americans looking towards bikers as an iconic symbol for freedom. I just can’t get my head around police murdering and wounding bikers on a grand scale. And then arresting almost everyone in site.

    A word comes to mind, OVERKILL. Arresting so many innocent people clearly shows that the Wacko Wako police are incompetent.

    Someone will eventually step forward and create a special event for this terrible miscarriage of justice and tragedy. Maybe call it WAKO or something similar. Rent a large piece of land near Wacko Wako and have a huge event there. Maybe invite some entertainers like Steve Earl and others to perform there. It is evident to me that bikers in the US need to gain back their freedom.

    From a Canadian perspective it looks like Texas is a “Police State.” And, this mentality is becoming more prevalent thought the USA. Please tell me I am wrong because I want to believe that bikers and freedom are still alive in the USA.

  • June 4, 2015 at 8:56 am
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    I get totally what your saying about the buddy buddy jp just signing warrants without looking thoroughly at evidence presented to them. I can speak on this and I’m very happy you posted this. I just came home from being unjustly arrested, held and unsuccessfully tried in Jackson county Texas. And if the jp THOROUGHLY look what was presented, I wouldn’t have lost everything, my job, my reputation, and a year and a half out of my life while looking down the barrel of a possible 99 year sentence. It’s that good old boy mentality that has Texas one of this countries highest payouts for wrongly accused and convicted. Yet this practice of jps handling felony warrants, knowing their sherrifs/police buddy’s just say they need this warrant and their signature is affixed to this. This must end, for now I’m back in my hometown of Philadelphia, a broke, jobless, army vet with no criminal record, looking for an attorney to help me fight them for this atrocity. If you know who or where I can turn to, I would really appreciate the help. If not, thank you for this post and god bless

  • June 4, 2015 at 7:21 am
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    You said: “As someone else pointed out, and like I also said, not everyone was arrested. ”

    Who wasn’t arrested and why haven’t they been talking to the media if they witnessed the shooting(s)? Is there a gag order on them do you suppose? Sgt. Swanton’s story has changed so many times that he and his officers are no longer credible as witnesses.

    Also, I saw on the video of the initial interview that Sgt. Swanton had with the media where three men dressed as bikers walked by. Are these the ones that you are talking about who were not arrested? They had their faces pixelated to protect their identity which seemed odd at the time. The camera stayed on them after they passed by. Oddly enough they went on to wave at some uniformed police officers with what seemed to be in a somewhat friendly fashion. It is now known that there was indeed undercover officers acting as informants mingling at the Twin Peaks restaurant when the fight broke out. I wonder if their weapons were fired during the melee? The plot thickens…and I do mean plot.

  • June 4, 2015 at 7:18 am
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    Question is how are you so idiotic to believe the police are always right and this group of “notorious gangs” were any problem at all. Get your head out of your retarded sons of anarchy episodes and wake up to smell the real world. You actually think all these people who ride motorcycles are notorious gangsters? Really? I know all democrat libtards are retarded but you are way up there on the list. Go worship your king and savior in the white house and leave the big people to speak. Because neither of you retards know what the hell you are talking about or can we believe a word that comes out of either of your mouths.

    These cops were 100% in the wrong and executed these bikers just because they felt like it. Hell the cops just today in Texas raided a VFW post where they were holding a meeting and also donating a 4k+ check to a charitable organization, yep those guys are real bad asses who deserve to go down !!! Now piss off Barbarella.

  • June 4, 2015 at 7:09 am
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    Great article.

    As a friend of mine used to say, just because you fly in planes, it doesn’t make you a pilot.

  • June 4, 2015 at 4:26 am
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    As someone else pointed out, and like I also said, not everyone was arrested. So everyone’s rights were not violated merely by just being there. You do understand that someone who does not have the right or authority to make those “executive” decisions, can’t. For you to say the JP is not a judge makes no sense, because you stated yourself they hear lesser cases, which means a decision would come from that, as in a judgment. Sounds like a judge to me. Whether someone is appointed or elected, a decision was made, even if it’s a successor, decision was made that the next person would step in and be able to make decisions. I guess you’re argument is the JP isn’t qualified, even though they are given the ability, and their probable cause comes from affidavits, testimony, and information gathered on site. But that still means nothing. Maybe the former trooper should step down, revert back to a trooper and investigate for themself, and submit the information to the next person that would take their spot, to make sure all their ducks were in a row, I’m sure you still wouldn’t be satisfied.

  • June 4, 2015 at 3:41 am
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    You asked if I learned the law from DC comics; that doesn’t seem complimentary, but I could be wrong. As to your argument or lack of by saying you don’t have to reply to anything regarding JP b/c they are appointed- sounds like you are appointed to something yourself. Regardless, I don’t think b/c someone is “appointed” that makes everything perfect and their acts are not to be scrutinized. How was he appointed- the good ol’boy network? An election would strengthen your position. If you think there is sufficient p/c to charge everyone there with “organized crime” statutes, your opinion, not legal opinion I’m assuming, is noted. Mind you, that’s not my legal opinion.
    Now, as to “investigative sleuth” which I never claimed to be, I have no interest in writing how a trooper became a JP. If that fascinates you, feel free to write about it all you wish in your blog. My point, which you continuously fail to address is that he is NOT judge or attorney, nor did this JP attend law school. You hang your entire argument on “appointed.” If you think someone with no formal legal education is qualified to determine P/C and take away someone’s rights, in this case 178 someone’s, then that is fine, of course, until it happens to you. I also suggest you do your research on “witnesses.” I also recommend you read what the AP wrote about the surveillance videos.

    Now, you keep telling me hypothetically “run for JP” b/c I have all the resolutions. You have made clear multiple times JP’s are appointed, so I can’t run for anything nor do I desire to hold any sort of office. Likewise, I reside in Florida not Texas and guess what, they don’t use JP’s in Florida. And while you seem to accept the $1 million bond b/c you know the intent of others, etc… the facts as they stand today do not support your position. It is for that reason bond has been reduced on many of those that were incarcerated.

    And again, be consistent. Someone “appointed” to operate on you with no medical training should be fine per your logic.

  • June 4, 2015 at 3:35 am
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    It’s not a personal insult, if I refer to an article as dumb, you just decided to take it that way. I guess because you see the article as an extension of you, and everybody that agrees with what you’re saying, makes a good point, or at least they don’t oppose what you’re saying, then it’s okay. I don’t have to make a strong argument to support the JP, because they were appointed, and who’s to say they aren’t fulfilling all of their duties, or are overstepping their boundaries. Bottom line is, when Monday rolls around, there are many other eyes on the situation, and there are ways to address discrepancies. When you have probable cause to initially address a problem, then that’s all the answer you need.

  • June 4, 2015 at 3:03 am
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    This is so wrong , My heart goes out to these families and the hardship that a few power hungry civil servants are putting many innocent people thru. I hope the people of Texas vote everyone of these civil servants out of office. The only criminal conspiracy I see is that this was a setup by the police and I’ll bet they didn’t have 22 officers and swat teams at all these other meetings twice a month. Respect to all that are suffering.

  • June 4, 2015 at 2:55 am
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    Again you reference a situation with the possibility of losing life, to a make a point. The severity is completely different. Since you’re such the investigative sleuth, how about you post some information on the experience the JP has that led them to their position, I’m sure that would count for something or maybe it counters what you are lobbying for, so it’s better to leave it out. It is unfortunate that some “innocent” people may be in custody, but I doubt police just showed up arresting people just because, I mean there were also witnesses that provided information. For the “innocent”, you run with a bad crowd, and decide to stick out your chest and get involved, this is what happens. Info about this site (Twin Peaks) was passed on in the biker community and those wanting to be around trouble, did just that, and got the interaction they wanted. How do you know, bikers weren’t there to make a name for themself, or rub elbows with the “right” people. Every biker was not arrested. I suppose the bikers that showed up because they were called by their buddies for reinforcement, were innocent too, regardless of their intent. I wonder if your stance would be different if you had last a loved one in this altercation, maybe only then would you push for some answers, and demand arrests. Just because someone is successful in their own right, doesn’t mean they don’t make bad decisions. There are people from all walks of life in these lawful and unlawful biker clubs. Again, you run for the JP position, and do nothing in a situation like this, and give the guilty all the time they need to disappear. Let’s see how that works out for you being that you have a resolution for this problem.

  • June 4, 2015 at 2:37 am
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    When people have to resort to personal insults to prove a point, it just means they have no point to prove.

  • June 4, 2015 at 2:28 am
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    Blew your argument in the article writers favor by calling the article dumb stating all the holes in the article writers information but you only stated one supposed hole. The JP which you made a very very very……….very weak try at debunking. What do you read in order to about law? DC Comics?

  • June 4, 2015 at 1:56 am
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    and some who were doing nothing.

  • June 4, 2015 at 1:53 am
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    what about the important part. the assassination of people who were fist fighting.

  • June 4, 2015 at 1:45 am
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    To Yeah right- to be consistent with your logic, make sure when you need a surgery to have a non doctor, with no surgical training and zero formal medical training and that never attended five minutes of medical school operate on you. I guess all will be fine as long as he is “appointed.”

  • June 4, 2015 at 1:25 am
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    Its all a lie…it was a total setup and they dont allow weapons at sit down meetings especially when police were invited. the guns were in the bikes. The only people shooting were ATF and police….the reported gunshot was a backfire from a motorcycle starting up…the chains were attached to wallets…

  • June 4, 2015 at 12:51 am
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    This article is dumb, with all the holes in your information and you make a comparison to a politician using money to cover up “wrong-doings”, and the bond set for him. I’m pretty sure no one was killed because of his actions. If you knew anything about procedures and the law as you stated, then you would be aware that JP’s are on rotation and are the ones required to respond and address situations on the weekend and after hours. It doesn’t matter what background you believe the JP doesn’t have, keep in mind they were still appointed to the position. If you know more, run for the next and put the current JP out so all your biker buddies can continue to do whatever the hell they want under your jurisdiction.

  • June 4, 2015 at 12:11 am
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    Gday,
    All I can say is be thankful it’s not unfolding in Australia. We do not have the luxury of a Bill of Rights or a list of amendments to protect us from radical government. In Australia some states have introduced laws that make it illegal to even associate with 2 or more members of a declared club, further more these declared clubs have been banned from licensed venues and not it is illegal for any members of these declared clubs to work in or own a tattoo parlor…

  • June 3, 2015 at 11:24 pm
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    There’s not as much news on this as there should be. Mainstream media is barely paying attention to it. We’ve got 174 Americans being held hostage in a Texas jail and most people don’t even know its happening. It’s crazy.
    I think Waco is looking at how much money they can make off of this. They’re going to make a lot off of all those bikes, cars and trucks impounded. All those arrested are going to have to pay enormous amounts of money to get the bikes back, and that’s if they aren’t “seized” and forfeited so Waco can either sell them or use them. There’s big bucks for cities and towns in seizing people’s property.
    I hope every single one of those arrested files a lawsuit and Waco ends up in a million times more trouble than any of those they’ve kidnapped.

  • June 3, 2015 at 11:02 pm
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    I was in Duluth Minnesota in 08 or 09 but the hells angles had there yearly meeting..the police force was incredible…they harassed them so bad that a lot of them left early..most are retired cops. attorneys.doctors and dentist..they ride all summer and then head to Sturgis after the meeting…the locals got upset when they started pulling over them for minor violations..law enforcement is out of control…what is there problem…Ted Nuggent is from Waco isn’t he…get him..he is for the right to carry..plus he is pro law if it’s legal…law abiding citizens getting screwed here…

  • June 3, 2015 at 10:02 pm
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    Hollywood- they sure could use the help.

  • June 3, 2015 at 10:01 pm
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    They have meetings there twice a month- so that’s how the police knew. They also keep blaming Twin Peaks for everything and they were shut down as a franchise which a lawsuit has been filed for that as well.

  • June 3, 2015 at 9:59 pm
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    What is unfortunate is sometimes with all the media attention, a state attorney may forget what his/her duties are, and that includes finding the truth. If that means you cannot advance your own career b/c the truth is counter to that- then you did your job correctly as an attorney and continued to follow the oath we all took when the state bar accepted us.

  • June 3, 2015 at 9:57 pm
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    That’s an easy reply- “we are still investigating this matter.” Basically, Waco Police Dept. speaks when it is to their benefit, other than that, they stay quiet.

  • June 3, 2015 at 9:56 pm
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    John, first and foremost, thank you for your service. I keep saying it and was posted in my blog and facebook page- had I seen the event riding through Waco, I would have stopped and thought- “great– biker party. Let me relax for a while.” Fast forward, I would be sitting in jail for 2+ weeks on a million dollar bond. It could have happened to anyone on a motorcycle.

  • June 3, 2015 at 9:54 pm
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    You are on a roll my friend. Thank you for commenting. Fact is, I see lots of government officials taking mandatory retirement or plain and simple; being fired!

  • June 3, 2015 at 9:52 pm
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    John’s post say’s it clearly- when it suits them, they will talk, and when it doesn’t, you hear crickets. You would think by now they would release the CCTV footage to better their media image.

  • June 3, 2015 at 9:51 pm
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    Great post. Fact is, people keep making an issue of weapons. Weapons means just that- weapons. It does not mean it is illegal or they were arrested b/c of having them. Even the biker couple that were released had a “weapon.” A mini-pocket knife given to him by his parents. Not to mention this has become like TSA and having nail clippers on you. They are included supposedly wallet chains as weapons. I think once I did the math and it amounted to 1.5 weapons per person. I thought was low. I ride mostly with independents and we have more than that.

  • June 3, 2015 at 9:45 pm
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    Chris Watkins- I have to admit, you made me laugh. Thanks for reading the post.

  • June 3, 2015 at 9:24 pm
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    I help the Waco PD doesn’t show up at Sturgis this year, or all 1 million bikers will be arrested as well!!

  • June 3, 2015 at 8:52 pm
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    you, my friend, have just hit the nail on the head.

  • June 3, 2015 at 8:23 pm
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    Type Your Letter : Fourth Amendment: Show me the probable cause

    by John Rozean

    Of formally jailed biker Matt Clendennen’s comments upon release, Waco Police Sgt. W. Patrick Swanton again referenced the elusive “probable cause” for the Waco PD had for arresting 177 individuals following the Twin Peaks shooting 17 May.

    Today Swanton said, “We wouldn’t have a reaction to the opinion of people of which we have probable cause to put in jail,” he said. “Pretty commonplace for arrestees to complain about being arrested.”
    First off, he basically said he didn’t or couldn’t comment on “pending cases,” something the Waco officials have used as an “out” when dealing with the media; then, he does comment by putting Clendennen and the other 176 into the category of, in his words, “those arrested,” which to most Texans means—the guilty criminals. And secondly, what was this probably cause?

    Sw! anton commented the day of the shooting on this elusive beast and how he and the Waco PD had it bagged.”We are not in the state of stop anything that moves, but if you give us probable cause to arrest you, we will do that tonight.” Great soundbite!…Regardless of its lack of substance.

    Defense Attorney Will Hutso said, “You have to have adequate facts to create probable cause,” he said. “There is no burden for these people in jail to prove their innocence. That’s completely counter to what our system says.”

    Yet Swanton says the system is running like a top. “And yes,” he said. “Our investigation is continuing, and the justice system is working in the way it should.”.

    But, “I think public safety was and continues to be an issue,” said Hutso. “If you have said it takes $1 million to keep them [in jail] then you better be able to tell us why.”

    Yes Swanton, why? What was this “probable cause” for arresting 177 people on suspicions of organized criminal activity? Did I miss the release of that information, or is the lack of release due to “pending investigations.” It is interesting how the Waco officials are able to comment when it suits them, assumes or insinuates guilt, or just makes people scared of bikers, of whom Swanton has claimed are overdue to swarm Waco and kill “anyone in uniform” with hand grenades furnished by members of the military.

    Again, what was I certainly hope this “probable cause” is more than a few* handguns found in Cheetos wrappers, otherwise the Waco PD has metaphorically tucked the Fourth Amendment between bags of flour; and as Swanton himself has said, that is not something that law-abiding citizens do – or in this case, government officials.

    * I use the term “a few handguns” since this is after all Texas and I think the last total put the total at a gun per person. Granted, there was one AK-47, but to put this into perspective, ev! ery able-bodied Barbadian was allowed one AK-47, and again “Texas!”

  • June 3, 2015 at 7:28 pm
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    Where the hell is the ACLU?? If this was 175 people of one racial group they would have been out on day 2-3. What happened to a fair and speedy trial? What happened to probable cause before signing an open-named fill-in-the-blank warrant??

    It’s time for the truth to come out, the CCTV camera footage to be released, and for ANYONE – at the ACLU or other civil liberty organization – to help free these men and women immediately.

    Seriously frustrating and heartbreaking to see friends and their families suffering while the legal system takes its sweet time in setting court dates.

  • June 3, 2015 at 7:27 pm
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    I’ll tell you guys that this is the biggest misuse and abuse of police power i’ve seen in years, Waco should be ashamed at the way they have handled the situation totally disgusting and a waste of tax payers money, not to mention the charges that these inocent people will now have to deal with the rest of there live’s! you know we dont really relise the trouble these cops and so called judges put our honest hard working people thru every day. they abuse the power more than anybody on earth and they have no one to answer to, its time america that we have people governing their ass dont you think? making posativly sure they are doing the right thing and not walking all over the inocent , I once watched a program on dateline where they were interveiwing distric attoneys and they were saying once they got the job that their is no one to answer to. your life is in that persons hands, so if they dont like your hair your cloths the way you talk your outa here a year in the county for you well this is disgusting and makes me sick. just because they went to law school they get a free pass and so does there familiy screw that, you bikers need to rally at the capitol and block the damn stairs so they cant walk up them i mean hell they dont do nothing while they are there. and make them basturds listen to you and to all you civil right att. you guys want to do something for america then jump on the damn wagon and help the sons and daughters of america out here. I would rather have the fame than the damn money! good luck to all that sits in the county jail in Waco you will not be forgotten! David Sanders Bartlesville Oklahoma.

  • June 3, 2015 at 7:21 pm
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    Barbara:
    Scheduling peaceful rallies and investigative reporting leads to trouble? Explain how. The facts, as told by the Waco P.D., have been proven to be false. I am a concerned citizen, that rides a motorcycle and I am an attorney, not a lawyer. Apparently, you know all the facts that no one else seems to know. Thanks for the input.

    Just in case–
    Amendment I

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

  • June 3, 2015 at 7:02 pm
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    Oh, you mean Loretta LYNCH? Oh yeah, great person to handle this one. Have you looked into the shady side of this liberal? She’s worse than Eric Holder.

  • June 3, 2015 at 6:59 pm
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    Its comical how many people do not pay attention to the FACTS and just go along with whatever is thrown out there. Be careful what you repeat until you hear the facts.

    Organizing a ‘gang’ of people traveling all over Texas “rallying”,
    “it’s time for the bikers in Texas to unite and start scheduling rallies all over Texas to bring further attention to this case and with luck, some investigative reporting will be done. “… is not the way this should be handled. Let the FACTS be heard first.

    THE POLICE ON THE OTHER HAND DO WHATEVER THEY WANT?
    Cut it out. 5 notorious gangs were having a shootout and police did what they ‘had to do’. Not what they WANTED to do. Talk like that just drums up trouble.

    Answer this. Is MC Atty a concerned citizen, a liberal, a biker, a plant or a lawyer?

  • June 3, 2015 at 6:12 pm
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    Just one question… WHERE IS THE EVIDENCE OF WRONGDOING?

  • June 3, 2015 at 5:58 pm
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    By John Rozean

    It’s a debacle compared to, using a term my commanding officer liked to use, a “comedy of errors.” But make no mistake about it, the events surrounding the Twin Peaks biker shooting are a tragedy in the making, if not already.
    But recently, I’ve seen post after post condemning a lawyer’s the release of unsubstantiated rumors to the media, referring to a post by defense counsel Paul C. Looney alleging that lower bail would be offered to those jailed if they promised to not sue McLennan County officials. One attorney, Susan Criss, has called Looney’s actions, “way out of line.”
    There is also banter among many condemning the media for reporting this story as well as claims that the media is over reporting the Waco shooting.
    First off, thank God the media is staying on top of this. If not, those innocent of the 170 arrested may never be released and will never be able to recover their tarnished reputations due to a felony charge and conviction. The media’s involvement has kept pressure on officials to proceed with caution and accuracy, rather than the kneejerk reactions that have plagued the case thus far.
    And second, why wasn’t there any uproar about Waco Police Sgt. Patrick Swanson’s rumor spreading and irresponsible media releases on site and in the days following. He said that everyone involved in the shooting, including the dead, were outlaw biker gang members. He said that all arrested were outlaw bikers. He blamed the restaurant, said the brawl started inside, and went so far as to claim the restaurant was warned that something like this would happen and but out-right refused to listen to police clear warnings. He also praised the police shooters by saying their actions “saved lives,” while at the same time he claimed that Waco Police didn’t know which among them had fired their weapon or how many of the dead were shot by police. Swanson has also released inaccurate information about the number of weapons and has played up an unsubstantiated report that biker leadership gave a blanket order to “shoot anyone in uniform” and that members of the military were providing bikers with grenades and other military issued weaponry to attack police officers. He also claimed that bikers were said to be descending on Waco during those few days to take revenge against the police.
    Looney played to the medias appetite for “juicy” news. The media took his release and ran with it because they knew their customers would eat it up (we are the media’s customers by the way). But Swanson did the same, only worse because he is wearing a police uniform and is representing Waco law enforcement agencies and is likely to poison jury pools and drum up fears by the average citizen. Heat should be generated toward Swanson’s irresponsible media relations techniques that have tarnished the reputation of not only the motorcyclists in jail, but anyone who gets on those roadways on their favorite two-wheeled conveyance.

  • June 3, 2015 at 5:50 pm
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    Great article. The whole idea of these mass arrest and crazy high bail has had me freaked out for weeks. I am a former soldier and suffer from PTSD, and such threats to personal freedom scare the heck out of me. Thanks for helping me get grounded, that is to help me realize I am not crazy and The Bill of Rights do still apply in America.

  • June 3, 2015 at 5:37 pm
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    I think if it continues, the A.G. has to get involved. This is a small police department and state attorney’s office- they don’t have the manpower/resources to handle a case such as this.

  • June 3, 2015 at 5:30 pm
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    I am wondering ,that in this case, why not go right to the top and get both the governor, and state attorney general involved. Start putting the bikes / public outcry at the capital
    Demanding quick intervention.

  • June 3, 2015 at 5:04 pm
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    I’m actually considering going to Waco weekend. Let’s see if I can work my schedule around this (3,000 miles to/from for me).

  • June 3, 2015 at 5:01 pm
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    Here is the link from Texas (https://www.county.org/for-county-officials/resources-by-office/Pages/Justice-of-the-Peace.aspx).

    People are confused. A JP can issue arrest warrants, but they cannot “preside” over misdemeanor cases if jail time is sought. This JP hasn’t “presided” over the trials. The issue with this JP is that he seemed to rubber stamp these warrants and such a complex legal case should have been handled by a criminal judge. Add to that the fact that he is not an attorney and has no law school education, and that is why there is so much outrage over this, and rightfully so.

  • June 3, 2015 at 4:41 pm
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    Hi MC Atty

    Please dont take my inquiry wrong but I posted anther blog & got attacked over ?? incorrect info??

    Can you give me some legal reference on this:

    “A Justice of the Peace has the authority to hear misdemeanor cases if no jail time is sought and civil cases not exceeding $10,000 (small claims courts). ”

    It is not that I’m doubting it … I just like to smack folks with proof that can not be denied ??!!! 🙂

    Thanks
    Patriot Shar
    from Texas
    hope to see ya Sun in WACO

  • June 3, 2015 at 4:33 pm
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    Don’t be surprised as long as DA Reyna keeps thinking WacoTexas is a suburb of Mexico everything will be business as usually someone has to tap him on the shoulder and let him know this is America and not Mexico where most officials are under handed with their so called government system. Most of the innocent have lost their jobs and Cossack Waco chapter are family oriented fundraisers for families in need My biggest ? Is why 9 Bandidos were let loose in Lorena texas that same Sunday night was this set up with cops and now rumor Feds taking over hope we don’t have another David Koresh burn and bury or white wash or fishing expedition on how to justify their ludicrous situation. Do these officials think we are a society of idiots and can’t see through their lies. wow so many????

  • June 3, 2015 at 4:17 pm
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    GoFundMe will not allow any donation sites to be put up for any kind of “legal” defense or criminal association. From GoFundMe website:
    “‘Campaigns in defense of formal charges of heinous crimes’ are prohibited by our terms . . . GoFundMe cannot be used to benefit those who are charged with serious violations of the law.” They do not care that the accused is innocent, they just don’t allow any campaigns to deal with legal fee’s of criminal cases.
    I disagree with them on this but it is their website and they have the right to discriminate if they so choose.

  • Pingback: Bikers From the Waco Shootout Are Being Released! | M.C. Atty

  • June 3, 2015 at 3:09 pm
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    What’s next?arrests for everyone owning a motorcycle.

  • June 3, 2015 at 1:58 pm
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    Your delusional if you think HD is going to do anything but avoid this, utterly.

  • June 3, 2015 at 1:32 pm
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    If you look Underneath our constitutional rights and amendments the right to travel upon roads streets and hwys you will see it is a God given right to do so. In fact it is under the 4th 5th and 14th amendment right to assemble these are many facts underneath the Supreme Court in all states has to abide. Please look under the constitional rights and amendments.

  • June 3, 2015 at 11:52 am
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    We live in Eastern Kentucky. We own a bar that is the hot spot to be every weekend. We host bike events all the time. We’ve had Highwaymen, Dayton Satan’s, Iron Horseman, Grim Reaper’s and several other groups under one roof and our parking lot at one time. We’ve had as many as 300 bikes in our parking lot at any given event. We host charity events for our chronically sick, 5 year old nephew, Eli. He has Dravet Syndrome and is Autistic. These groups come together as one to help raise money for him. We’ve NEVER heard one ill word, NEVER seen the first dirty glance or stare/ and NEVER a fight. We’ve got friends who are in these clubs / gangs who has brought their National Presidents to our bar and they are they are some of the nicest people you will ever meet. When Eli needs money for medical expenses, the MC WORLD is there first in line asking ” What do we need to do” to help a child they know very little about with the exception of a handful of friends who are members. We ride. We’ve rode for years. We see a large number of bikes gathered up and we stop. My husband is a very well known drummer who has played with some big country superstar’s. We’ve traveled the country running from gig to gig. We’ve meet so many different groups and their leader’s, some top notch everyday people like us and there was a few that was hot-headed but the good fellas kept these few in line. . We’ve said from the beginning this way entirely on the police. We’ve said from the beginning they set these groups up. These groups know how to act when they are in the public eye. They are not going to do anything to draw attention to themselves especially if they are true gangsters. They are not going to put themselves at risk for loosing money, guns, drugs,, whatever the case may be for jail time over a bathroom brawl. And something else these MC’s / gangs whatever you want to call them THEY ARE NOT I REPEAT THEY ARE NOT GOING TO PUT ANY CIVILIAN LIFE / LIVES IN DANGER. THE POLICE ON THE OTHER HAD DO WHATEVER THEY WANT AND USUALLY GET BY WITH IT. THEY HAVE THE MENTALITY THEY CAN DO WHAT THEY WANT WITHOUT ANY REPRECUSSIONS. THAT IS UNTIL NOW…. SMARTPHONES… THEY ARE EVERYWHERE AND THEY ARE FINALLY SHOWING THESE BULLIES WITH BADGES THEIR TRUE COLORS. We listen to MCR NEWS daily. Yesterday the JOURNALISTS were talking about this older couple parking their car a block away, they were walking towards the event, heard the gun shots, they fell to the ground for protection and guess what…. THEY BOTH WENT TO JAIL….husband and wife, , older couple in their car, four wheels not 2 wheels. The BULLIES WITH BADGES and YES this is the correct description overstepped their boundaries by a gazillion miles. I bet the peace officer who wrote / signed warrants is probably close personal friends to some of these BULLIES WITH BADGES. On MCR NEWS the journalists also talked about the POLICE MC being present with guns a toten and not a one went to jail. They also talked about the POLICE MC and all their dirty works. Their drug seizing, drug running, illegal sales of firearms. My opinion doesn’t mean much but from the way they were described on the news channel THE POLICE MC THANK THEY ARE “THE SON’S OF ANARCHY”, “SAMCROW”…. THEY DO GOOD FOR 8 HOURS A DAY AND THEN THE REST OF THE TIME THEY ARE CAUSING CHASOS, DEATH AND DESTRUCTION, GREIF, HATERED, ANGER, CONFUSION, ANEXITY, UNECESSARY EXPENSES, UNTMELY DEATH’S…. THE POLICE MC CAUSED MAYHEM. THIS IS NOT SOME MAKE FOR T.V. SHOW OR MOVIE THIS IS THE LIVES OF INNOCENT PEOPLE…. THE POLICE MC IS MAYHEM….

  • June 3, 2015 at 11:33 am
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    Buckle up.Its Texas thought they stopped the good old boy mentality with the police.Has anyone contacted The ACLU? I still think this was a set up, supposedly the police new before hand about this meeting and warned twin peaks.It was strange how they had so many police officers on duty that day.They wanted this good way to rack in some cash for the city of Waco. Just some thoughts.

  • June 3, 2015 at 7:34 am
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    Other sites have now posted articles, that the, reduced bail to sign a waiver, was strictly a stunt by one of the defense attorneys, and did not occur.

  • June 3, 2015 at 7:27 am
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    Waco Trib said 135 motorcycles AND 80 CARS were impounded.

  • June 3, 2015 at 4:47 am
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    All over the USA shud set a national poker run to raise money to help these family’s that their loved ones are being wrongfully imprisoned in Waco Texas. Each state shud set a run for the same day Hell mAke a weekend out of it. We all in the biker community need to come together like we do best and help out our fellow bikers being detained.

  • June 3, 2015 at 4:12 am
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    LEMC’S allow a certain percentage of non-law enforcement into their club. Usually around the 10% mark.

  • June 3, 2015 at 4:10 am
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    Most likely they paid 10%, so each of them is out $2,500.00 plus they still have to pay their attorney. Hopefully charges get reduced as well b/c 15 years max is ridiculous.

  • June 3, 2015 at 4:09 am
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    True Steven. Reputations have been destroyed. God knows how many people have lost their jobs already, will be required to move to other towns or states, etc…

  • June 3, 2015 at 4:08 am
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    Unfortunately, as predicted. Tomorrow I’ll be posting on this issue. If true, it’s time for the D.A. to step in b/c this case has been a disaster from the word “go.”

  • June 3, 2015 at 4:07 am
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    Kowboy Karl, like I keep saying, the charity rides never make the news. In South Florida we have the largest toy run with 30,000+ bikes every year. It is created, run, and organized by the clubs. The get 30 seconds on the news!

  • June 3, 2015 at 4:04 am
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    This is an outrage and I can not believe this has happen to so many great riders that have given many hrs and miles of their own time to raise money for children in need at Christmas time and other events when so many others only think of themselves.. These clubs and groups ride to be free and give so much time in their lives just to ride a motorcycle and enjoy meeting new friends.. I am here to support all these riders for justice to be done and I hope Waco falls hard for this and that all clubs involved come together after this to know we are one family on 2 wheels..

  • June 3, 2015 at 3:30 am
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    It is happening. Their bail is going to be reduced but they are having to sign stating they will not sue Waco.

  • June 3, 2015 at 3:27 am
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    Now the problem comes, if and when the charges are dropped how many people have lost their job, behind on bills or lost homes because of this? Going to be taken care of? The cops just ruined the lives of at least 150 people for nothing other then a power grab or cover up.

  • June 3, 2015 at 3:23 am
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    The wife and husband of the family club were released on 25,000 bond. Think they each pais 2000 and went home to Brenham. Wonder who their lawyer was? This is just insane.

  • June 3, 2015 at 3:20 am
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    All member of IOMC are not law enforcement I have a friend that is a member of IOMC and he could not be further from law enforcement just thought i would mention that, but then again I do not know the whole club but they don’t mind you believing what you believe you only fooling yourself…..

  • June 3, 2015 at 3:01 am
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    Mark, I found out there is. Will be posting all the information tomorrow morning.

  • June 3, 2015 at 2:42 am
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    Me and my friends will definitely ride in support of the Waco bikers , we are independent but we are ready. Everyone with a brain knows many things are wrong here ! Please let us know if there are rides !

  • June 3, 2015 at 2:21 am
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    Yes! Glad one biker for now is standing up to this. I’m sure more will follow now.

  • June 3, 2015 at 2:20 am
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    They deserve it, I hope so!

  • June 3, 2015 at 2:18 am
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    thanks for the good information I hope at least some of the guys locked up take this one to the bus stop and get paid

  • June 3, 2015 at 1:58 am
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    Finally!

    “A Dallas attorney who represents a biker in a civil rights lawsuit against the city of Waco and McLennan County filed a complaint Tuesday against McLennan County Justice of the Peace W.H. “Pete” Peterson.

    The complaint, filed with the State Commission on Judicial Conduct by attorney Clinton Broden, alleges Peterson violated several judicial ethical canons in the manner in which he set bonds for the 175 bikers jailed after the May 17 shootout at Twin Peaks restaurant.”

    http://www.wacotrib.com/news/courts_and_trials/dallas-lawyer-files-complaint-against-jp-peterson-over-biker-bonds/article_753f3eec-759b-56c2-8e75-13feb9e42a12.html

  • Pingback: WACO: CLAIM THAT THE JUDGE WHO SET BOND FOR BIKERS BROKE LAW GAINS STEAM | Washington Weekly News

  • June 3, 2015 at 12:59 am
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    David, I have yet to find any article that has mentioned the Iron Order MC, so very interesting point. I think they were looking for a way to disband the clubs, they haven’t found any reasons yet, and they jumped the gun with this case thinking this would bring down all the clubs! Ignorance is bliss!

  • June 3, 2015 at 12:37 am
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    There has to be more to this ! The bigger picture is yet to be seen ! And i am not talking about the video that may tell the truth about who really killed all them brothers and wounded even more ! Not to mention the arrested ! This was a set up for bigger reasons as far as all the rest of our civil liberties ! Another false flag so to speak with real victums !This time they are using the bikers ! They pose a threat to the government since they have been at peace and working together to fight the governments bills on guilty by association laws !I heard the other day that the IRON ORDER MC WAS PRESENT and not one of them was arrested and as far as i know not even mentioned ! And the MC world is definately not there friends ! There whole membership consists of law enforcement ! There mother chapter is in louisville ky !And then there is the jade helm operation getting ready to start in texas !SOMETHING SMELLS REAL BAD !

  • June 3, 2015 at 12:17 am
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    Corporate America is staying way clear from this CMR.

  • June 3, 2015 at 12:08 am
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    Harley needs to step up and use their very hefty lobbying power… this abuse of power is not good for their business as well..

  • June 2, 2015 at 11:35 pm
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    TX- they shut down the site!!!!! WTF!!! What is their excuse? A ride/rally will definitely bring more attention to this issue.

    And you are right. Your rights get encroached little by little!

  • June 2, 2015 at 11:25 pm
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    Donations are great BUT GOFund Me shut down the site that was originally started. This whole mess is obscene and infringes on all of our rights, biker or not. I’m a proud independent biker AND A Grandmother. I hold a corporate job for 17 years. I’m definitely not a gang member, but I DO ride with some and they are all family people not gangsters. Everyone should pay attention as YOU may be the next target of injustice!!!! Then what are you goi g to do if it is you?

  • June 2, 2015 at 11:19 pm
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    Thank you for keeping this in the spot light- Doc. I’ve seen many stay away from this, including other radio shows. I think we all want justice at the end of the day- which simply means if you did the crime- do the time, but if you didn’t, you should be home tonight with your family having dinner. Keep up the good work!

  • June 2, 2015 at 11:17 pm
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    Very true, Michael. Too many victims who I keep saying, were at the wrong place at the wrong time. Those bikers have kids, college funds, etc…

    Thanks for the post/pingback!

  • June 2, 2015 at 11:15 pm
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    I don’t know if that is going on, but I figure suing is a big issue! Imagine 170 + lawsuits on violation of civil rights! It would bankrupt the town. So my guess is as you say, don’t sue, here is your plea offer or dismissal of charges. It would work b/c the reality is who wants to risk going to trial and spend all that money- hope to get a not guilty verdict- to then turn around and sue?

  • June 2, 2015 at 11:14 pm
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    Every plea in court, at some time the judge asks- are you are doing this under your own free will? Are you are happy with the services of your attorney? You are not under the duress or the influence of drugs/alcohol? No one has promised you other than that which is being stated in open court? etc….

  • June 2, 2015 at 11:12 pm
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    Non Profits take many months to set up. But I’m sure something can be set up that has oversight in place. Welcome to the biker community. I promise you won’t be disappointed. Talk about a tight bunch. I could go anywhere, go up to any biker, and feel like we have been friends for decades.

  • June 2, 2015 at 11:11 pm
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    The bond is beyond absurd!! I’ve never seen anything like it here. And the charges of organized crime? If the State Attorney has you know what- they will say I am not going to risk my career to prosecute for charges I know won’t stick.

    I’m sure in south Florida we have the largest event for kids charities. It’s called the Toys in the Sun Run. Guess what? All clubs are part of it and they make it happen. The clubs go days without sleep setting this up and then running it. Hundreds of thousands of dollars are collected for Joe Dimaggio Hospital and God only knows how many 18 wheelers full of toys get filled up. 30,000+ bikes line up for this huge event every year. It might get 30 seconds in the news!

  • June 2, 2015 at 11:10 pm
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    Good point, Carbonero. No need to deal with “misappropriation of funds” issues. I’m in Florida but I have no problems helping out. Definitely, something should be done!

  • June 2, 2015 at 11:09 pm
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    I’ve never seen anything like it. Basically, if you were there on a bike, you go to jail, go in a car, you are free to go.

  • June 2, 2015 at 11:09 pm
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    I couldn’t agree with you more Sammy. I’m glad you are enjoying the blog. I think bikers in Texas, whether clubs, riding groups, and/or independents should do a ride/rally to bring more attention to this. Applying pressure is the only way anything will get done. And the more the merrier. I think bikers need to do this nationwide, especially in neighboring states where they can ride into ride into Waco, Texas.

  • June 2, 2015 at 10:57 pm
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    I can not believe something like this can happen. We have been going to bike events for 20 years with all bike clubs and we have never even seen a fight. This is a movie waiting to happen. A go fund me should be set up to raise the money for all of them. I can not believe that the govenor of Texas has not dtepped in amd let them go. All the bikers from every state should go to waco and protest just like Furgeson or Baltimore. Thank you for keeping the public informed.

  • June 2, 2015 at 10:35 pm
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    I am disgusted at the way this has been handled. So many innocent arrested.

  • June 2, 2015 at 10:31 pm
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    Extremely perceptive and thorough observations. One problem: How sad would it be if a number of ‘folks’ are collecting funds for defense, and very little of the money gets applied to the cause?
    Collections should be directed to a central organization, set up for the specific purpose of helping those unjustly imprisoned and their families. It needs to be headed up by someone with legal know-how, reputable standing and identification with bikers.
    Might you volunteer?…

  • June 2, 2015 at 10:04 pm
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    You are absolutely right! I know first hand, my father-in-law is part of the cossacks and was at Waco, and let me tell you! They are some great people, just because they are part of a biker gang does not automatically give you a derogatory label! The cossacks come every year and brings kids who don’t get hardly anything for Christmas, and buys them toys out of their own pocket! Now that’s more than the own town people would do. They give kids rids on their bikes, they do toys for tots! Also are included in city fund raising. Just because you were at the wrong place at the wrong time, does not make you guilty! They don’t even give a murderer and set bond for 1 million. The Cossacks are amazing people, and there are thousands of people who would agree. To all the Cossacks, we will keep yall in our prayers, thanks for everything yall do, yall are great people with a big heart!

  • June 2, 2015 at 9:25 pm
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    Thank you for this insightful perspective. I’m still trying to wrap my head around this miscarriage of justice and constitutional nightmare… and I’m wondering where the hell the State of Texas with some kind of oversight over all of this?

    I’m not yet a part of the Biker community, but my heart is already there on several levels… is there a way to form a Non-Profit organization, like a State Bikers Defense league…seems it should be doable… with some strict oversights in place of course…

  • June 2, 2015 at 9:23 pm
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    “A very large percentage of these cases will be dismissed all together or reduced plea offers will be made most likely to misdemeanor offenses. Those offers will mostly likely be accepted because litigation is expensive and many would want to put this behind them and move on with their lives.”

    NO SALE – contracts signed UNDER DURESS have ZERO legal value!

  • June 2, 2015 at 9:14 pm
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    What is your take on the alleged offer of reduced bail and or release by the judge (or JP) if those in jail sign an agreement not to sue? It smells of a slight admission of guilt by the Waco PD.

  • Pingback: The Man Who Put 177 Bikers in Prison.. Fast Facts about Walter H. Peterson | Wicked Bitch, by Biker Author Amy Irene White

  • June 2, 2015 at 7:09 pm
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    What about the innocent bikers the police killed? I’ll send money to the widows attorneys.

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