Waco Indictments & A Ham Sandwich

ham sandwich photo

If this were a game of baseball, the Grand Jury in Waco pitched a perfect game– every single time.

Out of 106 defendants that faced the Grand Jury for the Twin Peaks Shootout, 106 were indicted. No surprises there. In prior blogs, I have mentioned twice this would happen.

The first time I wrote about this, I wrote it as a fictional setting for a Hollywood script, joking the steps involved in this case and the secret backroom meetings that are most likely taking place (click here for blog).

The second time I wrote about the Grand Jury, I focused on a D.O.J. study where at the federal level, indictments were not returned .0068% of the time (click here for blog).

Because the Grand Jury is a secret process, names have not been released yet. So which members of the Bandidos Motorcycle Club or the Cossacks Motorcycle Club were indicted, we do not know yet.

The reality is the Grand Jury process is the most lopsided process in the law. To the point that Judge Sol Wachtler coined the phrase “I can indict a ham sandwich.”

From here, as I have mentioned many times before, the game of law begins. With the indictments returned for engaging in organized crime with underlying offenses of murder and assault, this is no different than buying a car. Start high and work your way down.

Think about it: you are facing organized crime charges, your attorney is asking you for money you do not have, and there is a good chance you will spend the rest of your life in prison if you lose at trial. As plea negotiations take place and 90% of cases are worked out with a plea, the State Attorney’s Office makes you an offer for a lesser offense. Maybe credit for time served or extended probation. What do you do?

Chances are you take the plea and try somehow, to move on with your life. Of course, once you take the plea, there goes the civil rights violation lawsuit and the city of Waco lives to see another day.

Unfortunately, as McLennan County District Attorney Abel Reyna said, “we are not done.” There is still another round left of indictments pending for seventy-one bikers that will most likely occur Wednesday of next week.

MC Atty


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