Motorcycle

Round Up The Usual Suspects: Waco Texas Police Massive Arrests of Bikers, Massive Bail Set by Judges of $1 Million, Massive Civil Law Suits For Wrongful Arrest and Detention and Violating Civil Rights — 170 Arrested But 115 Have No Criminal Record — Waco Busted — Taxpayers Will Be Paying The Bill For A Very Long Time — I Say We Let Them Go — Videos

Posted on June 13, 2015. Filed under: American History, Babies, Constitution, Corruption, Crime, Education, Freedom, history, Homicide, Law, liberty, Life, media, Motorcycle, People, Philosophy, Photos, Pistols, Police, Politics, Radio, Rifles, Security, Taxes, Television, Transportation, Weapons, Welfare, Wisdom, Writing | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

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The Pronk Pops Show Podcasts

Pronk Pops Show 480 June 8, 2015 

Pronk Pops Show 479 June 5, 2015 

Pronk Pops Show 478 June 4, 2015 

Pronk Pops Show 477 June 3, 2015 

Pronk Pops Show 476 June 2, 2015

Pronk Pops Show 475 June 1, 2015

Pronk Pops Show 474 May 29, 2015

Pronk Pops Show 473 May 28, 2015

Pronk Pops Show 472 May 27, 2015

Pronk Pops Show 471 May 26, 2015

Pronk Pops Show 470 May 22, 2015

Pronk Pops Show 469 May 21, 2015

Pronk Pops Show 468 May 20, 2015 

Pronk Pops Show 467 May 19, 2015

Pronk Pops Show 466 May 18, 2015

Pronk Pops Show 465 May 15, 2015

Pronk Pops Show 464 May 14, 2015

Pronk Pops Show 463 May 13, 2015

Pronk Pops Show 462 May 8, 2015

Pronk Pops Show 461 May 7, 2015

Pronk Pops Show 460 May 6, 2015

Pronk Pops Show 459 May 4, 2015 

Pronk Pops Show 458 May 1, 2015 

Pronk Pops Show 457 April 30, 2015 

Pronk Pops Show 456: April 29, 2015 

Pronk Pops Show 455: April 28, 2015

Pronk Pops Show 454: April 27, 2015

Pronk Pops Show 453: April 24, 2015

Pronk Pops Show 452: April 23, 2015 

Pronk Pops Show 451: April 22, 2015

Pronk Pops Show 450: April 21, 2015

Pronk Pops Show 449: April 20, 2015

Pronk Pops Show 448: April 17, 2015

Pronk Pops Show 447: April 16, 2015

Pronk Pops Show 446: April 15, 2015

Pronk Pops Show 445: April 14, 2015

Pronk Pops Show 444: April 13, 2015

Pronk Pops Show 443: April 9, 2015

Pronk Pops Show 442: April 8, 2015

Pronk Pops Show 441: April 6, 2015

Pronk Pops Show 440: April 2, 2015

Pronk Pops Show 439: April 1, 2015

Pronk Pops Show 438: March 31, 2015

Pronk Pops Show 437: March 30, 2015 

Pronk Pops Show 436: March 27, 2015 

Pronk Pops Show 435: March 26, 2015

Pronk Pops Show 434: March 25, 2015

Pronk Pops Show 433: March 24, 2015

Pronk Pops Show 432: March 23, 2015

Pronk Pops Show 431: March 20, 2015

Pronk Pops Show 430: March 19, 2015

Pronk Pops Show 429: March 18, 2015

Pronk Pops Show 428: March 17, 2015 

Pronk Pops Show 427: March 16, 2015

Pronk Pops Show 426: March 6, 2015

Pronk Pops Show 425: March 4, 2015

Pronk Pops Show 424: March 2, 2015

Story 1: Round Up The Usual Suspects:  Waco Texas Police Massive Arrests of Bikers, Massive Bail Set by Judges of $1 Million, Massive Civil Law Suits For Wrongful Arrest and Detention and Violating Civil Rights — 170 Arrested But 115 Have No Criminal Record —  Waco Busted — Taxpayers Will Be Paying The Bill For A Very Long Time — I Say We Let Them Go — Videos

back-patch-vest-motorcycle-gang

cossacks-vs-bandidos

bandidos

-bandidosbiker mug shotscossacks1

Twin Peaks Waco- What the Video Will Show (as soon as it is released)- Biker Witnesses’s Perspective

Stephen Stubbs (aka “Bowtie”), with permission from biker eye witnesses, releases details of the Twin Peaks Waco incident from May 17, 2015. Until now, the police don’t even know much of this information.

Casablanca (1942) Round Up The Usual Suspects

Biker Fight

Start of biker brawl at Twin Peaks in Waco TX.

Texas Criminal Defense Lawyers Association:

The Waco situation of recent days raises serious concerns. It seems unprecedented that you have 170 individuals charged with the same or similar crimes and identical bail amounts set at 1 Million Dollars each. When you consider the constitutional prohibition against excessive bail as well as the requirement for probable cause prior to arresting an individual, the risks of abuse in the Waco case seem obvious.

Dallas Criminal Defense Lawyer – What is probable cause?

ere, DFW criminal defense attorney Cheves Ligon explains what is required for police to arrest you. You can’t be arrested without probable cause, which can seem confusing. No matter what you’ve been accused of the police must be able to prove your arrest complied with the 4th Amendment.

What Is Probable Cause?

Shocking Waco/Cleveland Shooting Update

Motorcycle Club Member Files Federal Lawsuit Alleging Violation of Rights

Marine Unfairly Arrested In Waco Shooting

What happened in Waco Shootout?

3 BIG Questions about Waco Twin Peaks Biker Shootings

The Truth about the May 17, 2015 Shooting Tragedy at Twin Peaks Restaurant in Waco, TX

Waco, Texas: Biker Shootout or Police Massacre

Inside the Bandidos Motorcycle Gang

Biker explains Waco, Tex. brawl

Biker gang turf war: Bandidos and Cossacks have a rivalry going back to the 1960s – TomoNews

Bandidos Mc The Hardest Motorcycle Gang Crime Documentary

Hells Angels MC 2015 ★ Outlaw Motorcycle Crime Gangs 01 ★ Documentary

Biker: Police ‘clueless’ after Waco shooting

Waco Bikers on Being Jailed: ‘They Made Us Feel Like Animals

(EXCLUSIVE) Massive Biker Gang Shootout in Texas : Bikers Clubs, Police Speaks Out

Biker Gang Shooting, Texas Biker Gangs Mass Shooting Waco Police Full Press Conference Multiple Dead

9 dead in motorcyle gang gunfight at Texas restaurant

Every which way but loose – ma vs black widows

Every Which Way But Loose – The Black Widows At Their Yard

Any Which Way You Can (1980) – Black Widows Get Asphalted

Officials criticized as 143 bikers sit in jail weeks after Waco shootout

When her husband was arrested after a shootout at a biker club gathering at a Twin Peaks restaurant May 17, Sheree Clendennen figured security camera video would soon clear him.

“At first I just thought they’re going to take all these guys, look at the video, see who’s innocent and let all these guys go,” said Clendennen, 29, of nearby Hewitt.

“Then week two it was like ‘Oh my gosh — they’re not letting people go. They don’t care what’s on the video,’” she said of police. “With all of the security cameras and all of them out in the parking lot watching what went on, there is no reason all of these guys should have been held so long.”

But 17 days later, of the 177 people arrested in connection with the shooting that killed nine people and wounded more than a dozen, 143 remain jailed this week, many in lieu of $1 million bail. Some face at least a monthlong wait for a bail-reduction hearing, and attorneys say it’s unlikely their clients will post bail. They have been arraigned but have not been formally charged.

‘Wholesale roundup’

Prosecutors have 90 days to present a case to indict to a grand jury before those in custody are entitled to reduced bail.

The bikers were arrested on allegations of engaging in organized crime, but none have been specifically charged in the shootings and the investigation is still in progress this week, said Waco police Sgt. Patrick Swanton.

The delays in prosecuting those at the scene of the shooting have triggered legal complaints and controversy, including a hearing Thursday about whether two state district judges should recuse themselves.

“It’s unprecedented, this wholesale roundup of people,” said F. Clinton Broden, a Dallas attorney who represents Matthew Clendennen. “It seems like something out ofCasablanca — just round everybody up. You’re arresting people for being at the scene of a crime. It’s scary that this can happen in America.”

Amy Kuzniarek, a spokeswoman for the McLennan County district attorney’s office, said this week that “this is an open, active criminal case. … Therefore our office cannot and will not comment.”

Clendennen, who has no criminal record, is a landscaper, father of four, former firefighter and member of the Scimitars motorcycle club. He recently filed a complaint with the state Commission on Judicial Conduct against the justice of the peace who arraigned him, and a federal civil rights lawsuit against the city of Waco, McLennan County and prosecutors, alleging he was wrongfully arrested and detained.

“He spent 17 days in jail, he’s likely to lose his business, he’s sole provider to his current family, a wife and two children, and he shares custody with his ex-wife, who is going back into court to get custody,” Broden said.

In his complaints, Clendennen claims that McLennan County Justice of the Peace Walter “Pete” Peterson said at arraignment that he set the bikers’ bail at $1 million “to send a message” and that District Attorney Abelino Reyna created “fill-in-the-blank” arrest warrants without probable cause, alleging that the bikers were not cooperating and were therefore not victims.

Petersen declined to comment this week.

Bail reduced

Broden said his client did cooperate, but that even if he didn’t, “that’s his Fifth Amendment right. He got Mirandized.”

As for Clendennen’s arrest, Broden said “there’s got to be individual probable cause. They’ve got the tapes of the scene. There’s no reason they can’t be reviewed to make determinations. You just can’t keep bystanders locked up because you don’t know who did the shooting.”

Clendennen’s attorney negotiated to have his bail reduced to $100,000, and his family chipped in to bail him out Wednesday, paying $10,000 to a bondsman.

Sheree Clendennen said her husband immediately returned to work before he loses any more landscaping customers. His next court date is set for Aug. 6.

Broden noted that for some others, bail reduction hearings have not been scheduled until late July. “My guess is the Department of Justice is going to have to come in at some point. It does not seem the local people are competent to handle this in a constitutional manner.”

Spokesmen for the Justice Department referred questions to local officials this week.

At least 47 of those arrested qualified as indigent and have had attorneys appointed to represent them, according to Cathy Edwards, the local indigent defense coordinator.

She said attorneys for the indigent are typically appointed from a list the county maintains but she has had to draw from surrounding counties because only 15 attorneys on the list are local.

http://www.dallasnews.com/news/state/headlines/20150605-143-bikers-still-jailed-weeks-after-waco-shootout.ece

Local bikers gather Sunday in Arlington to show support for those still jailed in Waco

Nearly 100 bikers gathered Sunday morning near the old Six Flags Mall in Arlington to show their support for the 143 people still jailed in connection with a shootout last month outside a Waco restaurant.

The bikers plan to ride together to Waco where they plan to meet hundreds of other motorcyclists outside the McLennan County Courthouse to protest how law enforcement has treated the people arrested after a shootout that killed nine and wounded more than a dozen. Authorities arrested 177 people after a shootout May 17 outside the Twin Peaks restaurant in Waco, and 143 remain jailed, many in lieu of $1 million bail.

The 177 bikers were arrested on allegations of engaging in organized crime, and critics have said that police lumped everyone under the same umbrella. They say that most of the people who were at the Twin Peaks aren’t criminals and had no part in the shootout. Many jailed have no criminal record, and those who do have prior misdemeanor charges.

“I think they were trying to set an example, throw their weight around,” Dwayne Stobaugh said Sunday morning of Waco police. “There may have been a few bad apples, but not all of them.”

Stobaugh, an independent biker, said he wanted to ride to Waco for the rally to show “that not everyone who rides a motorcycle is a gang member, because we’re not.”

“It’s all peaceful protest,” he said. “We’re not there to stir up any trouble.”

He said he has been to six Confederation of Clubs meetings, like the one planned at the Twin Peaks in May. He described the meetings as peaceful gatherings where members discuss issues important to them, like motorcycle safety.

Mel Robins, a member of Sons of Liberty Riders, said bikers are being unfairly stereotyped and harassed by police. He said the arrests in Waco have “slanted public opinion against bikers.”

Many restaurants now have posted signs saying bikers wearing their club vests won’t be allowed inside, and police are stopping motorcyclists on the highway for what seems like no reason, he said.

“Bikers are basically regular people,” Robins said. “They’re doctors, lawyers. I’m a grandfather, a veteran.”

There are an estimated 300,000 bikers in Texas, and most of them aren’t involved in criminal enterprises, as authorities suggested was the case in the Waco incident, Robins said.

Several bikers gathered Sunday morning expressed concern for those still in jail. Many of those jailed are facing long waits for bond reduction hearings.

“You’ve got innocent people in jail,” Robins said. “You have ruined lives.”

http://thescoopblog.dallasnews.com/2015/06/local-bikers-gather-sunday-in-arlington-to-show-support-for-those-still-jailed-in-waco.html/

WACO BIKERS’ ATTORNEY ESSENTIALLY ‘POURED THE F*** OUT’ IN HEARING TO REMOVE BIASED JUDGES

bikers

by LANA SHADWICK

The attorney for nine of the Twin Peaks bikers told Breitbart Texas that he was in effect told “You Sir, are poured the f*** out.” A hearing was held this week on motions to remove three McLennan County judges who set and retained $1 million bonds on bikers arrested at the Twin Peaks restaurant in Waco, Texas. The attorney argued that the judges demonstrated bias and should be recused from making future rulings.

Austin lawyer Adam Reposa argued that the $1 million bonds were unreasonably oppressive, unconstitutional, and the judges clearly showed bias in setting them.

Breitbart Texas reported the story when Reposa filed his motions to remove these judges.

Breitbart Texas also reported that two of the same judges had three bikers re-arrested after they bonded out on reduced bonds. Their bonds were reset to $1 million but they were able to bond out again. The article was entitled in part, Waco Judges Gone Wild.

The judge appointed to hear the motions to remove the judges, retired criminal district judge Doug Shaver from Houston, denied the motions to recuse and said that the bond process should be expedited so the men would not be a burden on taxpayers who are paying to keep them in jail.

Reposa told Breitbart Texas that “At the end of the hearing, the judge focused less on the innocent people and their constitutional rights and more on the taxpayers.” He also focused less on the $1 million bonds and more on them wearing a patch (referring to the bikers’ motorcycle club membership).

The defense lawyer also added, “There has been no focus on due process, or probable cause. There is no probable cause connected to a crime. We are going on 24 days of all 170 being arrested on a defective probable cause affidavit.”

Those arrested and incarcerated are concerned about losing their jobs, and losing their wages while incarcerated. A $1 million bond costs approximately $100,000 in order to bond out.

Reposa argued at the hearing on the motions to remove the judges that the judges’ impartiality could reasonably be questioned – one of the standards for removing a judge from hearing a case.

Reposa filed the motion to remove Justice of the Peace W.H. “Pete” Peterson because he not only set $1 million bonds for 174 bikers, but added he was doing so to “send a message.” Peterson does not have a law degree.

According to the Waco Tribune Herald, Peterson said “I think it is important to send a message… We had nine people killed in our community. These people just came in, and most of them were from out of town. Very few of them were from in town.”

Motions to remove Judges Matt Johnson and Ralph Strother were also filed because they approved the $1 million bonds, and ordered that no other judge could rule on motions to reduce the bonds.

The judges were questioned by Reposa during the hearing on the motions.

Breitbart Texas talked to Houston-based lawyer Kent A. Schaffer, who has over 30 years of criminal law practice. Schaffer called the bonds “absurd and unconstitutional.”

Schaffer continued, “Bond is supposed to guarantee the defendant’s appearance in court, but this judge set bonds based upon his desire to teach the defendants a lesson, and not out of some concern that they will not appear in court.”

He said “The hearing should not take place in front of the same judge who has already made comments that evidence his lack of respect for the constitution and the rule of law,” Schaffer told Breitbart Texas. Sending a message is not one of the factors that is to be considered by the court in setting a bond.”

Breitbart Texas talked to Randy Kubosh of Kubosh Bail Bonding in Houston, which includes Harris County, Texas, the third largest county in the United States. He called the $1 million bond “astronomical” and noted that the bail schedule in Harris County for a non-capital murder is $50,000.

Kubosh said, “Bail is supposed to guarantee someone’s appearance in court, not punish them.” He continued, “It appears that the judge intended to be punitive,” he added.

Breitbart Texas also talked to Joe Ash, of Ash Bail Bonds in Waco. He said that “$10,000 is mostly what we see on that charge (engaging in criminal activity) but I can also pull up at least 40 cases where it was $5,000.” Ash has two clients who were involved in the Twin Peaks incident and it cost them $100,000 to bond out on a $1 million bond.

Breitbart Texas also obtained this statement from the Texas Criminal Defense Lawyers Association:

The Waco situation of recent days raises serious concerns. It seems unprecedented that you have 170 individuals charged with the same or similar crimes and identical bail amounts set at 1 Million Dollars each. When you consider the constitutional prohibition against excessive bail as well as the requirement for probable cause prior to arresting an individual, the risks of abuse in the Waco case seem obvious.

Reposa told Breitbart Texas that “The judges have broad discretion but then the constitution steps-in.” He added, “That’s where the constitution is being denied.”

The Austin lawyer said “I think the judge agreed that you can’t hold someone on a $1 million bond if they don’t have probable cause or a criminal action against them, but I was chopped off.”

“The judge basically admitted that people are in jail that don’t belong there which is a problem, but he did not believe it rose to the level of questioning the bias of the judges.”

According to the Waco Tribune Herald, the judges have approved reduced bonds for 58 bikers after agreement were reached between the district attorney’s office and defense lawyers. The publication also reported that 47 bikers have been released from jail as of Thursday evening.

The judges who testified during the hearing said they had not rejected any agreements for reduced bonds since negotiations began on May 30th.

http://www.breitbart.com/texas/2015/06/07/waco-bikers-attorney-essentially-poured-the-f-out-in-hearing-to-remove-biased-judges/

AP: Majority of 170 bikers arrested have no convictions in Texas

Records searched by The Associated Press show more than 115 of the 170 people arrested in the aftermath of a motorcycle gang shootout outside a Central Texas restaurant have not been convicted of a crime in Texas.

Waco police have said that all those arrested after the shooting belonged to criminal motorcycle gangs. Most of them were being held on $1 million bonds Thursday, charged with engaging in criminal enterprise. Nine people were killed in Sunday’s shootout.

Although dozens of those arrested do have criminal records, 117 did not have any convictions listed under their names and birthdates in a database maintained by the Texas Department of Public Safety. The database also shows five of the people killed had convictions in Texas.

DPS acknowledges its data may contain some errors and omissions.

___

6:30 p.m. (CDT)

Police are being less specific about gang affiliations of the nine people killed in a biker shootout outside a Texas restaurant.

Waco police spokesman Sgt. W. Patrick Swanton said Thursday all those killed or injured on Sunday were members of five criminal motorcycle gangs at the restaurant for a biker meeting. A day earlier he told The Associated Press that all those killed were members of the two rival gangs at the center of the violence.

Family members of one of the men killed — 65-year-old Jesus Delgado Rodriguez — dispute Swanton’s claims. They say Rodriguez was not part of a gang and did not lead a life of violence.

An Associated Press review of court records and a database maintained by the Texas Department of Public Safety found no criminal history in Texas for Rodriguez.

___

4 p.m. (CDT)

A Texas restaurant that was the scene of a motorcycle club conference that ended in gunfire is being sued by a restaurant next door.

A lawsuit was filed Thursday in Dallas. Attorneys for Don Carlos Mexican Restaurant allege the Twin Peaks restaurant in Waco was grossly negligent and reckless in hosting the gathering of armed motorcycle gang members on Sunday.

Don Carlos attorney Tony Buzbee says his client was forced to close and was designated as a crime scene despite having had no role in the event. He says “inviting armed rival gangs to a place where alcohol is served is not only unwise, it is reckless.”

The lawsuit seeks unspecified compensation for lost profits and property damage.

The Dallas-based corporate parent of Twin Peaks didn’t return a message Thursday seeking comment on the lawsuit.

___

3:30 p.m. (CDT)

The district attorney for the county where nine bikers were killed in a gunfight outside a Texas restaurant is defending the $1 million bond set for about 170 people charged in the incident.

McLennan County District Attorney Abel Reyna told The Associated Press on Thursday that he supported a local judge’s decision to set the bonds that high.

One person is known to have posted bond so far.

A confederation of motorcycle groups had gathered at a Twin Peaks restaurant in Waco Sunday when a dispute in the parking lot escalated into deadly violence.

Reyna mentioned the size and scope of the violence, what led up to the shooting and “the fact that a lot of these individuals weren’t even from our county.”

Reyna says he doesn’t know whether he will ask for outside prosecutors to help with the large number of cases.

___

2:30 p.m. (CDT)

Military records show one of the nine bikers killed outside a Texas restaurant was a Purple Heart recipient who served in Vietnam.

Jesus Delgado Rodriguez of New Braunfels, Texas, was an active-duty Marine from 1969 to 1973. He received the Purple Heart, as well as a Navy commendation medal and several other awards. The Purple Heart is given to those wounded or killed in action.

Rodriguez’s family says he was not part of an outlaw biker gang, despite police claims that all nine bikers who died were members of criminal gangs.

An Associated Press review of court records and a database maintained by the Texas Department of Public Safety found no criminal history in Texas for Rodriguez.

A confederation of motorcycle groups had gathered at a Twin Peaks restaurant in Waco Sunday when a dispute in the parking lot escalated into deadly violence.

___

1:30 p.m. (CDT)

Family members of a man killed in a biker shootout at a Texas restaurant say he was not part of an outlaw motorcycle gang.

That contradicts police claims that all nine bikers who died were members of criminal gangs.

The son of 65-year-old Jesus Delgado Rodriguez, of New Braunfels, told the San Antonio Express-News that his father did not lead a life of violence. An Associated Press review of court records and a database maintained by the Texas Department of Public Safety found no criminal history in Texas for Rodriguez.

Family members said Rodriguez had belonged to two now defunct motorcycle clubs but was not part of any club when he was shot and killed at Twin Peaks restaurant in Waco.

Waco police spokesman Sgt. W. Patrick Swanton told the AP on Wednesday that all those killed were members of the Bandidos or the Cossacks. Swanton did not immediately return a message Thursday.

http://www.wacotrib.com/news/twin-peaks-biker-shooting/ap-majority-of-bikers-arrested-have-no-convictions-in-texas/article_1cf81656-0006-11e5-85aa-b7097581c3b8.html?photo=1

4 Reasons that Waco Biker Gang Shootout Reflects Badly on Police

One of the bikers arrested sues Waco police for having no cause for the arrest.

What was initially reported as a motorcycle gang shootout that killed nine and wounded 18 to which police heroically responded last month in Waco, TX, at the Twin Peaks restaurant seems a bit more complicated, and bit worse for the cops, than that as further details have been revealed.

This week one of the people arrested at the scene, Matthew Clendennen, filed a lawsuit directly against the officers involved in the incident (Manuel Chavez by name, the others as John and Jane Does) as well as the city.

From that suit filing, in which Mr. Clendennen presents himself as a man with no criminal record, former fireman, small business owner on whom employees depend, and father of three who also depend on his ability to earn income, not to rot in jail. He insists he committed no crime and had no intention of committing any crime when he was arrested while in the Twin Peaks restaurant in the aftermath of the shooting event, and that:

Despite the fact that…Clendennen committed no criminal acts he was arrested at Twin Peaks on or about May 17, 2015 without probable cause and his motorcycle  was illegally seized….On or about May 18, 2015, Chavez, aided by [unnamed other police officers], presented a criminal complaint (the “criminal complaint”) against…Clendennen to Justice of the Peace Walter H. “Pete” Peterson (Peterson)….The criminal complaint alleges that Plaintiff Matthew Alan Clendennen committed the capital offense of engaging in organized criminal activity and is attached hereto as Attachment A.

It is believed that Peterson was chosen by Chavez, Does 1-10 and Does 11-20 because he is a former Texas Department of Public Safety Trooper with no formal legal training……the identical criminal complaint used in Plaintiff Matthew Alan Clendennen’s case was used to justify the arrest of more than 100 other individuals and only the names were changed in the various criminal complaints.

The complaint alleges absolutely no individualize probable cause to establish that Plaintiff Matthew Alan Clendennen engaged in organized criminal activity. Moreover, Chavez…failed to inform Peterson that Plaintiff Matthew Alan Clendennen was not a member of the Cossacks nor the Bandidos and that he did not participate in any of the violence occurring at Twin Peaks but instead hid from the violence.

Clendennen is claiming that 170 people on the scene were just rounded up and arrested, in many cases had their motorcycles stolen by police, and were given a uniform $1 million dollar bond with no particular individual reason to believe they had committed any crime at all. He’s actually trying to hit not just the city government, but the specific officers who arrested him, with liability for violating his rights. He claims to be at risk of losing both any custody of two of his children and his landscaping business while in jail.

According to this local NBC report, it will be months before those arrested at Twin Peaks get a probable cause hearing. But this week the insanely high bond was reduced for many of them, andsome of them started getting out.

There are at least four reasons to wonder if the police account and actions about the motorcycle gang shootout that they allege to have pacified are above reproach:

1) As Clendennen’s lawsuit notes, there is insufficient reason to believe that all the 170 arrested even committed any actual crime.

2) The police originally claimed that all those they arrested were members of the two “criminal gangs” most implicated in the deaths, the Bandidos and Cossacks; Associated Press found that not only were they not all members of those specific gangs, but whatever the criminality of the gangs, 115 of the arrested had no criminal records in Texas at least.

3) The police originally claimed over 1,000 weapons were confiscated on site, a number thendowngraded to 318; but having a weapon on one’s person is neither evidence of having committed nor having planned to commit a crime, but certainly can when announced to the press make some nervous people think, wow, glad the police started opening fire on that crowd!

4) Despite police reports that the fighting and shooting began inside the restaurant and spilled out, closed-circuit footage of the restaurant seen by AP and reports from the restaurateurs to the APindicate the shooting began outside, which is where the police already were.

The police were already surrounding the restaurant in force, ready for action. Exactly how and why they began firing on the bikers and what happened before then should not necessarily be trusted merely from their mouths. They still have not officially announced how many of the dead or wounded were shot by police themselves.

https://reason.com/blog/2015/06/02/4-reasons-that-waco-biker-gang-shootout

Waco restaurant video shows bikers, others seeking cover

As gunfire broke out in the parking lot of a Texas restaurant, dozens of motorcycle riders ran inside seeking cover and tried to guide others to safety, security video reviewed exclusively by The Associated Press showed Wednesday.

The video, shared by representatives of the restaurant, shows bikers on the patio ducking under tables and trying to get inside. At least three people were holding handguns. One biker was seen running with blood on his face, hands and torso.

The footage shows only one round being fired — by a biker on the patio who then ran inside.

Authorities have said the shooting began during an apparent confrontation between two rival motorcycle gangs — the Bandidos and the Cossacks. Some bikers have complained that police acted too hastily in making arrests and scooped up riders who had nothing to do with the violence.

Before the shooting begins, the inside of the restaurant appears to be mostly empty. Bikers and other patrons can be seen walking to the windows facing the parking lot where most of the shooting happened.

When gunfire erupts at 12:24 p.m., most bikers, other patrons and staff immediately run away from the windows and into the restaurant’s interior. At least three people can be seen holding handguns.

One camera angle shows bikers running into the men’s bathroom. When there’s no space left in the bathroom, they dash toward the kitchen.

Another camera angle, on the far side of the restaurant from the gunfire, shows patrons who are not wearing biker gear crawling behind tables toward the kitchen. At least three bikers appear to be gesturing for the patrons to crawl to safety.

None of the nine video angles shows the parking lot.

Only one angle, taken from inside a back office in the restaurant, had audio. At 12:24 p.m., a woman is heard screaming, “Oh my God!” That’s followed by multiple cries of “Get back!” Two minutes later, three gunshots are heard. It’s not clear who fired.

Video shows police with assault rifles entering the front door at about the same time. As two officers enter, bikers can be seen lying on the floor with their hands spread.

Before the shooting, at least 20 members of the Cossacks gang can be seen on the patio. Members of the Scimitars, Boozefighters and Leathernecks can also be seen on the tape. While no Bandidos are immediately visible, police and one member of that biker gang have said some of their members were at the event.

The AP was shown the video by representatives of the Twin Peaks franchise, who have said the fighting began outside the restaurant, not inside as police have previously said. The franchise did not release the video publicly, citing the ongoing investigation.

Waco police spokesman Sgt. W. Patrick Swanton said police have the video, but he had not seen it and would not discuss its contents.

Authorities on Sunday swept up around 170 bikers who descended on the restaurant. Among those arrested was Theron Rhoten, who had just pulled into the parking lot on his vintage Harley chopper when the bullets started flying.

Rhoten showed up at the Twin Peaks restaurant for a regional motorcycle club meeting. But, according to his wife, he soon found himself in the middle of a deadly shootout involving scores of other bikers.

Katie Rhoten said her husband ran for cover and was later arrested, along with motorcycle-riding friends and other “nonviolent, noncriminal people.”

“He’s good to his family,” she said. “He doesn’t drink. He doesn’t do drugs. He doesn’t party. He’s just got a passion for motorcycles.”

Police have said that all those arrested were part of criminal motorcycle gangs, but only five of the nine people killed had criminal histories in Texas, based on court records and a search of their names in a database maintained by the Texas Department of Public Safety.

In addition, Manuel Isaac Rodriguez was arrested in 2010 and served probation for unlawfully carrying a weapon at a bar in Lewisville.

Police have acknowledged firing on armed bikers, but it is not clear how many of the dead were shot by gang members and how many were shot by officers.

Authorities have said the gathering of five biker groups was to resolve a dispute over turf. Some bikers dispute that, saying the meeting was organized to discuss laws protecting motorcycle riders and other subjects.

Katie Rhoten said her husband, a mechanic from Austin, called her from jail and said that he and two other members of Vise Grip motorcycle club ducked and ran for cover as the violence raged around them.

The arrested bikers have all been charged with engaging in organized crime and each is being held on $1 million bonds.

The eight members of Theron Rhoten’s group, the Vise Grip Club, specialize in building and riding vintage and antique motorcycles, particularly pre-1970 Harley Davidson big twin choppers, according to spokesman Brian Buscemi.

Buscemi said the bimonthly meetings have been happening for 18 years.

“Yes, there was a problem at this scene, and it was absolutely horrific,” he said. “But there just also happened to be a significant amount of people there who had nothing to do with it.”

http://news.yahoo.com/wife-biker-inmate-arrested-texas-innocent-072105757.html

One Quarter Of Twin Peaks Shootout Suspects From Central Texas

Forty-two of the approximately 170 suspects in custody in connection with the deadly shootout between rival biker gangs and police Sunday at Waco’s Twin Peaks restaurant are from Central Texas and 17 are from Waco or a Waco suburb, according to information released Wednesday.

That supports the early contention that most of the bikers involved in the brawl that left nine dead and 18 injured were not local.

One Suspect Freed On Bond

One of the members of a motorcycle gang arrested in connection with the gun battle Sunday outside of Waco’s Twin Peaks restaurant was in the process of posting $1 million bond Wednesday at the McLennan County Jail.

Jeff Battey, 50, was among the 170 bikers arrested after the shootout Sunday that left nine bikers dead and 18 injured.

All 170 were charged with engaging in organized crime and were ordered held in lieu of $1 million bonds.

Battey had to post 10 percent of that amount, or $100,000, in cash, in order to secure his release.

Hundreds Of Weapons Recovered

Meanwhile Wednesday, Waco police Sgt. W. Patrick Swanton said investigators recovered about 300 weapons from the shooting scene including everything from pocket knives to assault-style knives to guns to chains to brass knuckles, to an AK-47 and body armor.

Earlier in the day, Swanton said about 1,000 weapons were recovered.

He said on-scene investigators were relaying the information to him.

“The crime scene officers specifically stopped at my request to count weapons and have now been able to determine that count and it is 318 and still counting. We do expect the numbers to continue to rise,” he said late Wednesday afternoon.

Investigators found weapons hidden throughout the restaurant, evidently abandoned by bikers as they attempted to flee, Swanton said.

“They have been found in sacks of chips, stuffed between bags of flour, stuffed into the bench seating, hidden in shelves, thrown into trash cans, placed in the kitchen stoves, discarded on floors and even so far as to attempt to flush a handgun down a commode,” he said.

As of late Wednesday afternoon, investigators had recovered 188 handguns, an AK-47 rifle and 157 knives, he said.

Swanton walked through the restaurant earlier Wednesday

“When you enter through the doors, it is just an eerie feeling knowing what occurred there, he said.

“There was blood everywhere, evidence in the bathroom.”

“It’s a pretty traumatic looking scene,” he said.

“It’s almost surreal.”

“There’s blood splatter blood evidence everywhere there still food on the tables half eaten hamburgers half-drunk margaritas. It’s the most surreal thing I’ve ever seen.”

“There are still purses on the table from a small number of citizens.”

“We’re talking unimaginable numbers of evidence that we’re going to have to live from this crime scene,” he said.

“Blood still on parking lot is an environmental issue at this point,” he said.

Meanwhile Wednesday San Antonio officials confirmed that one of the men arrested in connection with the shootout is a retired San Antonio police detective.

Martin Lewis 62, worked for the department for more than 30 years before he retired in 2004.

He remains jailed in lieu of $1 million bond charged with engaging ni organized crime.

Autopsy Reports Released

Preliminary autopsy reports released Tuesday identify the nine bikers who died Sunday afternoon in a shootout with rival gang members and police at Waco’s Twin Peaks restaurant, and at least two of them have local ties.

The nine bikers, all of whom were members of either the Bandidos or the Cossacks, all died of gunshot wounds.

Jesus Delgado Rodriguez, 65, died of gunshot wounds of the head and trunk.

Jacob Lee Rhyne, 39, died of gunshot wounds to the neck.

Richard Vincent Kirshner, Jr., 47, died of gunshot wounds but the report did not specify where he was shot.

Richard Matthew Jordan, III, 31, died of gunshot wounds to the head.

Wayne Lee Campbell, 43, died of gunshot wounds to the head and trunk.

Daniel Raymond Boyett, 44, died of gunshot wounds to the head.

Matthew Mark Smith, 27, died of gunshot wounds to the trunk

Manuel Issac Rodriguez, 40, died of gunshot wounds but the report did not specify where he was shot.

And Charles Wayne Russell, 46, died of gunshot wounds to the chest.

Jordan and Boyett both lived in Waco at least at one time, according to online Texas driver’s license records.

Boyett’s most recent renewal listed an address in the Chalk Bluff area just outside of Waco.

Jordan’s most recent license renewal, however, showed a Pasadena address.

Online records show addresses in New Braunfels for Jesus Rodriguez, Ranger for Jacob Rhyne, Arlington for Wayne Campbell, Keller for Matthew Smith, Allen for Manuel Rodriguez and Tyler for Charles Russell.

No records were found for Richard Kirshner.

Eight of the dead bikers were members of the Cossacks and one was a Bandido, authorities confirmed.

About 50 weapons were recovered at the shooting scene including guns, knives and a chain with a padlock that could be used to beat someone, police said Monday.

Other weapons have been discovered in some off the vehicles towed from the shooting scene, police said.

Investigators, meanwhile, continued to process evidence for a third day Tuesday at the Waco Twin Peaks restaurant where a gun battle between rival biker gangs and police left nine dead and 18 injured.

Stores on the west side of the Central Texas Marketplace from Men’s Warehouse to Kohl’s were open again Tuesday, but those on the south side, from Cabella’s to Best Buy were still closed Tuesday.

Access to the south side of the complex was still restricted.

The shooting investigation will take weeks if not months, Waco police Sgt. W. Patrick Swanton said during a news conference Tuesday morning.

He later said investigators hope to clear the crime scene by mid-morning Wednesday.

Crews continued to remove an estimated 135 motorcycles and at least 80 cars and pickup trucks from the restaurant’s parking lot Tuesday, a process that started Monday evening.

Police are escorting the flatbed trucks carrying the cycles and vehicles from the scene to an impound site, Swanton said.

Seven of the 18 bikers injured in the shootout remained in hospitals Tuesday, Swanton said.

All of them are in stable condition and most are improving he said.

He declined to release the names of the nine bikers who were killed, however, because investigators are having trouble locating family members to notify, he said.

Swanton discounted media reports that four of the nine bikers were killed by police, saying that will be impossible to determine until autopsies and ballistic tests have been completed.

“Is it possible? Yes. Is it a fact? No,” he said.

Most of the dead, the injured and the about 170 suspects arrested after the shooting are not from the Waco area, he said.

By mid-morning Tuesday, more than 160 suspects had been booked into the McLennan County Jail, according to online records.

The incident that triggered the violence evidently occurred in the parking lot Sunday as a coalition of several biker groups gathered to meet in the patio bar area of the restaurant, Swanton said.

Members of a biker group that wasn’t part of the coalition showed up and it appears that “someone had their foot run over” in the parking lot he said.

Investigators have identified crime scenes inside and outside of Twin Peaks including bathroom areas, the restaurant area and the patio bar area, he said.

They’ve found evidence of “some type of altercation inside,” he said, including blood.

“We will figure it out,” he said.

“We do know that we have crime scenes inside and outside and we know that assaults occurred inside and outside the establishment,” he said.

He confirmed that there have been “credible threats to law enforcement in and around our area,” but said those have toned down over the past 24 hours.

“We’re thankful for that,” he said.

“We are asking (the biker groups) to stand down, we are asking them to let us sort through our investigation and we will be honest with them as we have with you and will continue to be,” Swanton told reporters.

Patrol officers have arrested a few bikers in the area, he said, and report that they are seeing fewer bikers Tuesday.

The violent feud likely hasn’t ended, though, he said.

Is this over? Most likely not,” he said.

“We would like it to be. Would like some sort of truce,”
he said.

The 18 Waco officers and four Texas Department of Public Safety Officers involved in the incident remain on duty as Waco police, Texas Rangers and the DPS Criminal Investigation Division investigate, he said.

Charges Filed Against About 170

The approximately 170 suspects arrested after the shootout Sunday were all charged with engaging in organized crime and were ordered held in lieu of $1 million bonds.

Investigators are questioning them and are encountering varying degrees of cooperation, Swanton said.

One of the 170, Justin Nash Waddington, is a drainage maintenance supervisor for the City of Killeen, city spokeswoman Hillary Shine confirmed Tuesday.

She had no further comment.

McLennan County Sheriff Parnell McNamara said Tuesday he plans to keep all 170 suspects in his jail for as long as he can.

There were 161 inmates charged in the shooting listed on the McLennan County Jail roster at 10 a.m. Tuesday and a few suspects remained to be booked, McNamara said.

“We’ve had to make sure (the inmates) are separated by gang,” McNarama said.

So far they’ve caused no problem in the jail, he said.

McNamara said his staff is capable of handling the influx and there is ample room to keep them all until their court dates begin to be set.

Affidavits and arrest warrants totaled more than 500 pages, an official said.

At least some and technically all of those in custody could be charged with capital murder because of the number of victims, Waco Swanton said Monday.

All of those killed and injured were members of the Bandidos and Cossacks motorcycle groups, authorities said.

No officers or bystanders were hurt.

Restaurant Franchise Revoked

Meanwhile the Twin Peaks corporate office Monday revoked the franchise of the restaurant where the shooting occurred.

“We are in the people business and the safety of the employees and guests in our restaurants is priority one,” the company said.

“Unfortunately the management team of the franchised restaurant in Waco chose to ignore the warnings and advice from both the police and our company, and did not uphold the high security standards we have in place to ensure everyone is safe at our restaurants.

“We will not tolerate the actions of this relatively new franchisee and are revoking their franchise agreement immediately. Our sympathies continue to be with the families of those who died and are very thankful no employees, guests, police officers or bystanders were hurt or injured,” the statement said.

Trouble at Twin Peaks among rival bikers had been brewing for some time, District Attorney Abel Reyna told News 10 about two weeks ago.

Reyna said local police were on heightened alert in anticipation of trouble on Thursday nights, when Twin Peaks hosts a Biker Night.

Reyna said some weeks ago trouble erupted between two local motorcycle gangs and that spilled over into gangs from the Dallas-Fort Worth area showing up to support the local groups.

Jay Patel, Operating Partner for the Waco Twin Peaks, issued a statement Sunday evening that said the restaurant management and employees share in the community’s trauma.

“We are horrified by the criminal, violent acts that occurred outside of our Waco restaurant today.

“We share in the community’s trauma.

“Our management team has had ongoing and positive communications with the police and we will continue to work with them as we all want to keep violent crime out of our businesses and community,” he said.

On Monday, however, Swanton said the restaurant’s owners were not cooperative with police.

“They have some answering not only to do to you, but to our community as well,” he told reporters.

Late Monday afternoon the restaurant’s operators issued another statement in which they said law enforcement officials did not ask the operator or the franchisor to cancel the patio reservation on Sunday.

The event Sunday afternoon was not a Bike Night, the statement said, but instead the result of a “regular patio reservation made by a female customer who has been to the restaurant previously.”

“Based on the information to date, we also believe that the violence began outside in the area of the parking lot, and not inside our restaurant or on our patio, as has been widely reported,” the statement said.

“We are disappointed that the franchisor, Twin Peaks, made a sudden decision to cancel our Waco franchise before all of the facts are learned. We will continue to assist the authorities in any way possible that will assist in their efforts to bring the wrongdoers to justice,” the statement said.

The statement said the restaurant has hosted seven Bike Nights since last fall “without altercations such as this.”

“We are in the process of gathering additional facts, and urge that people avoid rushing to judgment before those facts are fully known,” the statement said.

Security Tight At Crime Scene

Police were on alert for additional violence Monday and security was tight around the crime scene.

Snipers were positioned on the restaurant’s roof and on overpasses that overlook the crime scene to protect not only investigators, but also the media gathered to cover the shooting.

The danger Sunday at the restaurant was significant, Swanton said, but on Monday he described the scene as secure.

He confirmed, however, that death threats have targeted uniformed police officers.

The nine bodies of gang members who died in the shooting have been taken to various morgues for autopsy.

McLennan County Justice of the Peace Pete Peterson ordered the autopsies, but declined to identify them until their families have been notified.

They all were from Texas, he said.

Three of the dead were found in the parking lot just outside of the restaurant, four were found in front of the building and one had been dragged behind a neighboring restaurant, Swanton said.

All nine were members of two of the five gangs involved in the melee, he said.

Waco crime scene investigators assisted by officers from federal, state and county agencies including the FBI, the ATF and the Department of Public Safety, were meticulously diagramming the crime scene Monday, Swanton said.

Once that process is finished, Swanton said, about 100 motorcycles and many of the 50 to 75 private vehicles in the restaurant’s parking lot will be towed away as evidence.

Investigators say they expect to remain at the scene at least until dark Monday night, Swanton said.

Portions of the Central Texas Marketplace, meanwhile, remained closed on Monday as the investigation continued.

Stores on the west side of the complex from Men’s Warehouse to Kohl’s were open Monday morning, but those on the south side, from Cabella’s to Best Buy were ordered to remain closed.

Traffic into the shopping center off Interstate 35 and Loop 340 was still restricted Monday.

Restaurant’s Alcohol Sales Suspended

The Texas Alcoholic Beverage Commission Monday announced it is suspending alcohol sales at the restaurant for seven days because of the shooting.

State law allows the agency to suspend a business license to sell alcohol after a shooting, stabbing or murder on premises that’s likely to result in subsequent leadership.

“Any wrongdoing uncovered during the investigation could result in further action against the restaurant, including monetary fines, further suspension, or cancellation of its TABC license to sell alcohol,” the agency said in a press release Monday.

“Our investigators will continue to work with the Waco Police Department to collect statements from any party involved, especially the restaurant staff,” said Maj. Victor Kuykendoll, TABC District 2 Regional Commander.

“We will continue to investigate the operations of the restaurant to determine if they failed to properly manage the folks on the premises and enabled this event to take place.”

The Harker Heights Twin Peaks restaurant has the same owner as the Waco restaurant, the TABC confirmed Monday, but the license suspension will not affect the Harker Heights operation.

The restaurant will be allowed to resume normal operations after seven days, pending the results of the investigation, which could take several weeks to complete.

Once police clear the crime scene the restaurant could resume food sales, but Swanton said Monday he hopes the owners will allow for a cooling-off period and will keep the business closed for the immediate future.

DPS Director: Twin Peaks Gunfight Unprecedented

Texas Department of Public Safety Director Steve McCraw, a former FBI agent, said Monday that the shootout Sunday was the first time “we’ve seen this type of violence in broad daylight.”

McCraw’s agency sent Texas Rangers to process the crime scene and special agents who target motorcycle gangs.

McCraw says DPS is constantly monitoring biker gangs and that motorcycle gang violence dates back to at least the 1970s.

Officers “Did A Hell Of A Job”

Waco police anticipated possible violence Sunday based on the previous disturbances at the restaurant and on unspecified intelligence.

Eighteen uniformed Waco police officers including an assistant chief, sergeants and one rookie were standing by outside the restaurant Sunday and responded within a matter of seconds after the violence broke out between members of five rival gangs, Swanton said.

“They did a hell of job in response to a very deadly scene,” he said.

He declined to name the gangs, saying “we’re not going to give them publicity,” but they included the Bandidos, the Cossacks and the Scimitars.

The catalyst for the violence was a fight that broke out in a restaurant restroom and spilled into the outdoor party bar area, Swanton said.

Shots were fired inside the restaurant and bikers were shot, stabbed and beaten before the fight quickly moved outside to the parking lot, Swanton said.

As the officers responded, the bikers directed gunfire in their direction, police said.

“Our officers took fire and responded appropriately, returning fire,” he said.

The number of shots fired and who fired them won’t be released immediately pending completion of the investigation, he said.

“Those officers quickly gained control of a very violent scene and took numerous biker individuals into temporary custody,” he said.

They called for backup and officers from agencies throughout McLennan County responded, he said.

Officers from those agencies remained at the scene Monday, he said.

Off-duty officers who were shopping nearby also responded, even though they lacked protective gear, Swanton said.

Diners and some employees locked themselves in a freezer to escape the violence.

The scene at the Market Place between Don Carlos and Twin Peaks was absolute chaos, Swanton said earlier.

“It is one of the most violent scenes I’ve seen in my 34 years as a police officer in Waco,” Swanton said.

Swanton said officers recovered more than 100 weapons from the scene and there were several vehicles that had bullet holes in them.

The 18 injured victims were taken by ambulance to Baylor Scott & White Hillcrest Medical Center, Providence Health Center and two were reportedly transferred to Scott & White Hospital in Temple because of the severity of their injuries.

Their names and information about their conditions weren’t available Monday.

Neither Hillcrest nor Providence would comment Monday on how many patients from the shooting they have or on security measures in place in the aftermath of the violence.

Scores of suspects were transported in vans and buses to the Waco Convention Center downtown, which was also under tight security.

The suspects were processed there before they were transferred to jail.

Officers also were also sent to the Flying J Truck Stop, at New Road and Interstate 35 because of reports a large number of bikers had been seen gathering there.

Customers At Nearby Restaurant Took Cover

A witness who was having lunch across the parking lot at Don Carlos said he and his family had just finished eating and walked into the parking lot when they heard several gunshots and saw wounded being taken from the fight scene.

“We crouched down in front of our pickup truck because that was the only cover we had,” the man, who asked not to be identified, said.

He and his family were traveling to Salina, Kansas and decided to stop for lunch.

He said he saw several wounded men being treated.

He also said there were several police officers at the scene and ambulances were responding to the scene to aid those hit by gunfire.

Ambulances from Waco and a number of surrounding communities responded to the scene, Swanton said.

Area businesses, after learning of the shooting, sent water and food to officers at the scene, he said.

Baylor University police deployed additional officers as a precaution after the gun battle, but in an email said the campus was never in any danger.

“Baylor police have been monitoring and will continue to monitor the situation,” the campus-wide email said.

Waco Mayor Thanks Officers

Waco Mayor Malcolm Duncan, Jr., issued a statement Monday evening in which he thanked the law enforcement officers and first responders to “joined forces to control and minimize the tragic loss that occurred in our city.

“We are fortunate to have such well trained professionals who are prepared at a moment’s notice to step forward, risking their own life and safety, to protect the lives of others and to make a strong collective statement that we will not tolerate wrongful acts of violence in our community,” he said.

“I am thankful that innocent bystanders were not harmed in this incident and I want to assure all of our citizens that your safety is and has been our priority and we are confident that this rogue event will not disrupt or endanger our community,” he said

“Waco’s location on I-35 has always been a strategic advantage but in this case it only facilitated the convening of a large group of people with criminal capability. We are fairly certain most of the criminal activity was perpetrated by non-residents. We want to also assure the tourists and other travelers that Waco is safe and secure and back to work,” he said.

http://www.kwtx.com/home/headlines/Waco-Shooting-Near-Twin-Peaks-In-Waco-304043711.html

Biker Sues Waco, McLennan County, Alleges Unconstitutional Arrest, Detention

A lawyer representing one of the more than 170 bikers arrested outside of a Waco restaurant May 17 has filed a civil rights lawsuit saying his client’s arrest and detention is unconstitutional.

F. Clinton Broden released a statement Friday saying 30-year-old Matthew Alan Clendennen, arrested outside the Twin Peaks restaurant earlier this month after nine people were killed and 18 injured, is suing the City of Waco, McLennan County and Waco Police Officer Manuel Chavez.

In the suit, “Chavez is accused of signing a “fill in the name” warrant he knew lacked individual probable cause and deceiving the Justice of the Peace who signed the criminal complaint. The City of Waco and McLennan county are accused of “caus[ing] the arrest and detention of numerous individuals…regardless of whether or not there was individualized probable cause to arrest and detain a particular individual.”

Broden’s news release on the suit goes on to say Clendennen is a longtime McLennan County resident, a Baylor graduate and a former firefighter for the Hewitt and Marlin fire departments. It also says his client’s continued detention is putting a strain on the shared custody of his children, the management of his landscaping company and the welfare of his employees.

Broden said Clendennen, a member of the Scimitar Motorcycle Club, was present on the patio but took cover in the restaurant after a fight broke out. He said his client did not engage in any violent behavior and did nothing to encourage such behavior.

“Mr. Clendennen was arrested on a “fill in the name” criminal complaint and has been incarcerated for almost two weeks on a $1,000,000.00 bond. As a result, Mr. Clendennen’s ex-wife has petitioned for full custody of the two children they currently share custody of and Mr. Clendennen is at risk of losing his landscaping business although his father is attempting to run the business in his absence. If Mr. Clendennen loses the business, his employees will be without jobs,” Broden said in a news release.

“In order to arrest somebody in the United States, the Supreme Court has made clear that there must be individualized probable cause to believe that a particular person actually committed a crime. In this case, there was absolutely no evidence that Mr. Clendennen committed any crime” said Broden.

Broden’s statement added that bond hearings to reduce the $1 million bonds are not being heard until June 5 and, after consultation with the McLennan County District Attorney’s Office, the Justice of Peace has refused to schedule a “probable cause hearing” until Aug. 6.

“In America we normally do not hold an innocent person in custody for three months before according them a probable cause hearing. From a constitutional perspective, what is occurring in McLennan County is extremely troubling,” Broden said.

Waco police spokesman Sgt. Patrick Swanton could not immediately be reached for comment, per the Associated Press.

http://www.nbcdfw.com/news/local/Biker-Sues-Waco-McLennan-County-Alleges-Unconstitutional-Arrest-Detention-305521171.html

Released Waco bikers: ‘They made us feel like animals’

For the first time in two weeks and one day, Morgan English ran into the arms of her husband, William. They are bikers from Brenham, Texas, but have spent every day since May 17 inside the McLennan County Jail.

They were among the 170 people arrested in the aftermath of the bloody May 17 shootout at the Twin Peaks restaurant in Waco. Nine people were killed and 18 others were injured.

The Englishes’ attorney was able to negotiate a smaller bond to secure their release.

“They made us all feel like animals, like they herded us,” said Morgan English.

The couples’ attorney, Paul Looney, said William and Morgan English had nothing to do with the violence that day.

“They intentionally went there because they knew there was going to be a big gathering of bikes,” Looney explained. “They had absolutely no clue that anyone had any other agenda at any time.”

The Englishes said they had no part in the fight, and aren’t members of the Cossacks or Banditos gangs.

Still, Waco police handcuffed them and some 170 others at the scene.

“They didn’t pinpoint who did what; they didn’t ask, ‘Are you innocent? Tell us what happened.’ They just arrested all of us!” Morgan English said.

Looney presented their case to the county’s district attorney on Monday, who reduced their bail from $1 million to $25,000, making their reunion possible.

“This has been like a death in the family,” Looney said. “Everybody has come in, and they’ve sat by the phone waiting for the next call from jail.”

The Englishes now wait to see where their case goes next.

Bikers will be back in Central Texas this weekend as the All For 1 Waco Freedom Ride is set for Sunday. Bikers will end up at the McLennan County Courthouse in support of those still in jail.

Waco witness: ‘It was a setup from start to finish’

Richie was the first to die, then Diesel, then Dog.

Whatever else they were in life, the men with the biker nicknames were Cossacks, loud and proud and riders in a Texas motorcycle gang. And that’s what got them killed, shot to death in a brawl with a rival gang in the parking lot of a Texas “breastaurant” that advertised hot waitresses and cold beer.

“I saw the first three of our guys fall, and we started running,” said their brother-in-arms, another Cossack, who said he was there a week ago when the shooting started at the Twin Peaks restaurant.

The Cossack, president of a North Texas chapter of the motorcycle gang, asked not to be identified because he is in hiding and said he fears for his life. He is a rare eyewitness speaking publicly about the Waco shootings, one of the worst eruptions of biker-gang violence in U.S. history.

Since last week’s violence, Waco police have offered few conclusions in their investigation. But they have said that the violence was touched off when an uninvited group, presumed to be the Cossacks, showed up at a meeting of a larger confederation of motorcycle clubs dominated by the Bandidos.

In several interviews in recent days, the Cossacks rider offered a different story. He said the Cossacks were invited to the Twin Peaks patio that day — by a Bandido leader, who offered to make peace in a long-running feud between the two gangs. That invitation was a setup for an ambush, though, according to the Cossack. That’s why the dead included six Cossacks, one Scimitar (an ally of the Cossacks) and only two Bandidos.

The biker’s story could not be independently verified; most of those involved in the shootout are still in jail. But significant parts of his account square with police statements, as well as security camera videos obtained by The Associated Press.

The biker culture has unwritten rules that everybody in its world knows and has predictable consequences for stepping out of line.

So when a biker from the Bandidos, the oldest gang in Texas and one of the largest in the world, ran into a young Cossack in the Twin Peaks parking lot last Sunday, everyone knew what was coming. First words, then fists, then guns. Within seconds, Richie, Diesel and Dog were dead.

“I took off,” the Cossacks rider said. “I got out of there. I didn’t have a weapon. I couldn’t fight anybody.”

At odds for years

It started with a phone call.

About a week before the gunfight, according to the Cossack, a leader of the Bandidos, a man named Marshall from East Texas, contacted Owen Reeves, the “nomad,” or leader, of the Cossacks’ Central Texas region.

The two gangs had been at odds for years. The Bandidos consider themselves the big dogs of the Texas biker world, and other gangs — or clubs, as they prefer to be called — generally don’t cross them.

The Bandidos wear their claim to the Lone Star State on their backs. Their vests have“Bandidos” across the shoulders, just above their logo, a caricature based on Frito-Lay’s Frito Bandito. Below, the word “Texas” is stitched boldly in an inverted crescent.

That crescent, the “Texas rocker,” has long belonged to the Bandidos, and they consider it a provocation if someone else wears it without permission, which is exactly what the Cossacks did.

The Bandidos are second in numbers only to the Hells Angels and have as many as 2,500 members in 13 countries, according to the Justice Department, which considers the group a violent criminal enterprise engaged in running drugs and guns. The Cossacks, a smaller group, do not show up on law enforcement lists of criminal gangs, but the group has been growing more aggressive in recent years. Officials have warned of the potential for violence between the two gangs.

“We don’t claim any territory, but the reason that the Bandidos have such an issue with us is that we wear the Texas rocker on our back, but we don’t pay them $100 a month per chapter to do it,” the Cossack said.

On May 1, the Texas Department of Public Safety issued a bulletin to law enforcement agencies across the state warning about the Bandidos having “discussed the possibility of going to war” with the Cossacks, largely over the issue of the Texas rocker.

The bulletin noted that on March 22, several Cossacks attacked a Bandido with chains, batons and metal pipes. On the same day, Bandidos attacked a Cossack with a hammer and demanded that he remove the Texas rocker from his vest.

After all that, the phone call from Marshall was a welcome olive branch, the Cossack said.

Marshall invited the Cossacks to Twin Peaks last week when the Texas Confederation of Clubs and Independents was scheduled to hold a major meeting. Those meetings are generally about bikers’ rights, safety and other administrative issues. The Bandidos dominate that organization; the Cossacks are not members.

Marshall said that the Bandidos “wanted to get this cleared up,” according to the Cossack, who was relating what he said Reeves told him.

“He said, ‘Bring your brothers, hang out, and let’s get this fixed and we can all leave in peace and be happy.’ He was talking to our chapter in Waco. … The leader of our Central Texas chapter said, ‘OK, I’m going to make this happen.’ ”

Reeves, who was jailed after the melee, could not be reached for comment. No members of the Bandidos could be reached for comment.

On the patio

Last week, about 70 Cossacks on Harley-Davidsons thundered down Interstate 35 through Waco and rolled into the parking lot of the Twin Peaks.

The Cossack said he and the others congregated on the outdoor patio and started ordering food and drinks. They chatted with other bikers from smaller mom-and-pop bike clubs ahead of the 1 p.m. confederation meeting.

Guns and other weapons are a common part of biker culture, and the Cossack acknowledged that members of his gang were armed.

“But not all of us,” he said. “We had no reason to believe that this was going to go that way.”

The parley with the Bandidos had been set for 11 a.m., the Cossack said, but the Bandidos didn’t arrive until about 12:15, when about 100 of them pulled up in a long, loud line of Harleys.

Trouble started almost immediately, he said: One of the Bandidos, wearing a patch that identified him as a chapter president, ran his bike into a Cossack standing in the parking lot. The Cossack who was hit was a prospect, a man seeking to become a full member of the club.

“They came up really fast, and the prospect turned and faced the bikes,” the Cossack chapter president said. “He fell backward into other parked bikes. The guy who hit him stopped and got off of his bike and said, ‘What are you doing? Get … out of my way. We’re trying to park.’”

Cossacks quickly jumped to the prospect’s defense, he said: “Guys were saying, ‘You’re disrespecting us,’ or, ‘We’re not backing down.’ ”

In a blink, it started, he said: “Two punches: One from them, one from us.”

A Bandido with a patch identifying him as sergeant-at-arms of the same chapter threw a punch at Richard Matthew Jordan II, 31, known as “Richie,” who was from Pasadena. Jordan punched back.

“At that point in time, the sergeant-at-arms shot Richie point-blank,” the Cossack said.

Police said Jordan died of a gunshot wound to the head.

“Then all the Bandidos standing in the parking lot started pulling guns and shooting at us,” he said. “There were maybe 60 or 70 of us in the parking lot. … We took off running. We scattered. Three of our guys went down instantly. They caught a couple more that tripped and fell, and Bandidos were shooting at them.”

He said that the second man to die was Daniel Raymond Boyett, 44, a Cossack known as “Diesel.” Police said that the Waco man died from gunshot wounds to the head.

The third man down was “Dog,” Charles Wayne Russell, 46, of Winona. Russell’s cause of death was listed as a gunshot wound to the chest.

The Cossack said that he believes the Bandidos had no intention of making peace that day.

“It was a setup from start to finish,” he said.

A parking issue

The Cossack’s story has been impossible to verify, but it is largely consistent with what police have said about how the brawl began.

Waco police spokesman Sgt. W. Patrick Swanton said the shooting started in the parking lot with a confrontation over what he called a parking issue. A leader of the Bandidos, who goes by “Gimmi Jimmy,” told The New York Times that there had been no incident in the parking lot but that he had heard there was a fight in the restaurant bathroom. He did not respond to numerous emails.

The Cossack’s account is also consistent with a Twin Peaks security video. The Associated Press reported that the video shows the shooting started in the parking lot at 12:24 p.m., and that panicked bikers started running into the restaurant to flee.

The AP reported that the video shows one shot being fired, but it did not say who fired the shot.

After the bloodshed, Texas authorities warned of the threat of further violence, saying that the Bandidos had called for reinforcements from outside the state.

“History has a way of repeating itself,” Swanton said. “Violence amongst these groups leads to more violence amongst these groups.”

The Cossack said he, too, believes more violence is brewing. He said he received a call late Thursday from a friend in Bandidos leadership, who warned him to get out of his house and spread the word that the Bandidos were “coming hard” after Cossacks.

He said he was told “they’re going to hit houses. They’re going to hit funerals. And if another Cossack or a cop gets in the way, so be it.”

Tim Madigan and Kevin Sullivan,

The Washington Post

Related

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http://www.dallasnews.com/news/state/headlines/20150524-witness-it-was-a-setup-from-start-to-finish.ece

Waco Police Massacre: 14 Cops Officers Fired “thousands of rounds” on 200 Bikers Killing 9, Wounding 18

The death toll from the “Twin Peaks” shootout was greater than the total number of homicides Waco police investigated in all of 2014 – And all of the “Twin Peaks” dead were shot by police.

Previously Waco Police Spokesman W. Patrick Swanton stated 22 members of law enforcement were present prior to the outbreak of the shooting.  Including 10 members of the Waco SWAT unit, 2 sergeants, 1 rookie, the Asst. Police Chief and 4 state troopers.

Newly released information today includes the Waco Police stating 14 Waco PD officers were involved in firing shots which killed 9 bike club members and wounded 18 more.

The 14 officers involved in the gun battle are all now on administrative leave, which is standard protocol in officer-involved shootings, Swanton said. (link)

In addition Sgt Swanton previously stated that all of the 170 arrested bikers were known “criminal gang members”.  However, a review by the Associated Press of court records finds at least 115 of the 170 had no police records:

waco-24-mugshots

Waco police have said that all those arrested after the shooting belonged to criminal motorcycle gangs. Most of them were being held on $1 million bonds Thursday, charged with engaging in criminal enterprise. Nine people were killed in Sunday’s shootout.

Records searched by The Associated Press show more than 115 of the 170 people arrested in the aftermath of a motorcycle gang shootout outside a Central Texas restaurant have not been convicted of a crime in Texas.  (link)

After previously saying he had not watched the CCTV video from the restaurant/bar yesterday (Wed) -which was reviewed by Associated Press reporters- Swanton now says he has watch the CCTV video.

He said he has viewed surveillance videos of the violence, and said they tell a different story from the some of the accounts being spun online.

“We can’t wait to show you what truly happened,” he said. (link)

Which is a disingenuous statement at best because all they need to do is authorize the restaurant to release the video, and the public can decide for ourselves.

waco-11

One of the bikers the police killed, Jesus Delgado Rodriquez (65), was a purple heart recipient.

Family members of a man killed in a biker shootout at a Texas restaurant say he was not part of an outlaw motorcycle gang.  That contradicts police claims that all nine bikers who died were members of criminal gangs.

The son of 65-year-old Jesus Delgado Rodriguez, of New Braunfels, told the San Antonio Express-News that his father did not lead a life of violence. An Associated Press review of court records and a database maintained by the Texas Department of Public Safety found no criminal history in Texas for Rodriguez.

Family members said Rodriguez had belonged to two now defunct motorcycle clubs but was not part of any club when he was shot and killed at Twin Peaks restaurant in Waco.

Waco police spokesman Sgt. W. Patrick Swanton told the AP on Wednesday that all those killed were members of the Bandidos or the Cossacks. Swanton did not immediately return a message Thursday. (link)

In addition from a lawsuit filed against Twin Peaks by the neighboring restaurant Don Carlos it is claimed the police fired “thousands of rounds” toward the bikers; striking not only bike club members but also Don Carlos customer vehicles.

Summary and personal thoughts:  It is entirely possible that some of the bikers were criminals; and it is also entirely possible that twitchy police responded excessively and overreacted to a perceived threat.  These two possibilities are not mutually exclusive.

Who shot at whom first; who did or did not pull the trigger; and what might have spurred the 14 police officers to fire “thousands of rounds” at a group of 3 to 5 potentially armed bikers when the downrange backdrop was a patio filled with hundreds of unarmed bikers is not yet known.

Look closely at this picture:

waco-11

You can see bullet holes in the customer vehicles in the Don Carlos parking lot.

♦ NOTE: Direction of fire from Don Carlos toward Twin Peaks.
♦ NOTE: The downrange backdrop of that fire (for the bullets that miss their target) is the patio of Twin Peaks.

However, apparently pointing out a strong possibility for an overreaction by twitchy police is now considered “Conspiracy Theory”, or something.   A radio broadcast today calls our previous outline (which quoting MSM information) as conspiracy theory. [Listen at 8:15]

I find it interesting how intelligent people cannot bring themselves to believe the police may have influenced, initiated, created and/or worsened the events with their militarized (SWAT) presence at a bike club meeting.

Ruby Ridge?… How about M.O.V.E (Philadelphia)? … Or maybe Waco 1.0? … or perhaps more recently “Baby Bou-Bou” ringing any bells?  Cops make mistakes too !!

Screen Shot 2015-05-23 at 10.43.57 AM

Doesn’t anyone else find it curious that an Asst. Police Chief was on scene at Twin Peaks along with the SWAT unit, presumably as scene commander prior to the shootings, and yet no-one has heard from him/her?

Doesn’t anyone else find it curious that initial police statements claimed they had “an active intelligence operation” on the “Bike Gang” which customarily would include monitoring (camera’s, video, etc) and yet the police release NO VIDEO to support their “we were under fire” claims?

A previous comment by J.D. sums up the strange sniff of it all nicely:

I’m former law enforcement for over 20 years. I have ridden with 2 different LEMC clubs. I worked undercover back in late 80’s and have dealt with 1% clubs many times. I have friends in 1% clubs.

I’m pro law enforcement but have a funny feeling that there is lots of horseshit in the story that Waco PD is telling.

I have family living and Working in that area. They have had interaction with the clubs and never felt scared or intimidated. Always felt safe.

Now are we going get the truth or more bullshit? I’m tending on believing the bikers sides on this deal more with every day that passes. Too many people arrested and charged with RICO that were just spending time at TP.

I think LE has overstepped it’s authority on filing these type charges on most these people. $1,000,000 bonds??? BS…

Even if you find reasonable excuses for all the LEO contradictions (fight in bathroom, shots inside, all killed were inside/dragged out etc.);  even if you ignore all the misleading statements by law enforcement spokesman Patrick Swanton (100 weapons, 50 weapons, 1000 weapons etc); even if you ignore the lack of willingness to produce factual data to support their claims, ….you are still left with a ridiculous assertion that 170 non-criminal people deserve a million dollar bond because they rode a motorcycle last Sunday to a meeting, and possibly witnessed what happened.

The total number of bikers on scene, according to Swanton, was 200.  170 are arrested, 18 were wounded, 9 were killed, that totals 197.  So only 3 people were non-conspirators?

This nonsense about weapons found in vehicles etc. is just that, nonsense.

If you go to a Waco Texas Wal-Mart on Sunday, rope off the parking lot, arrest the first 200 people you see and search their pick-up trucks, suv’s and various vehicles you’ll probably come up with a similar set of statistics.

50 out of 200 people captured at Wal-Mart with prior arrest records; some with pocket knives, chains, handguns, and even rifles in their vehicles etc.  

shocked2bbaby

So what? None of that is illegal or unlawful. Ridiculous. Go to a Bass Pro shop on Saturday and you’ll probably find even better stats if that’s the goal.

Another factor which makes it all the more curious is these are the ACTUAL talking points Sgt. Patrick Swanton is relying on to justify the shooting.  This innocuous nonsense is what they are focused on.  That itself indicates -to a reasonably discerning person- there’s something uncomfortable about the narrative the LEO responders are trying to avoid.

That’s not conspiracy, that’s just common sense.

It is not conspiracy theory the incident occurred at 12:24pm Central Time (1:24 pm Eastern) and in around 90 minutes, 2:04pm CST (3:04pm EST) this press conference was held, giving the specifics of 9 dead and 18 wounded and a restaurant owner who needs to be shut down for non-compliance.

http://truthvoice.com/2015/05/waco-police-massacre-14-cops-officers-fired-thousands-of-rounds-on-200-bikers-killing-9-wounding-18/

Bikers jailed under $1 million bonds; one bond-reduction hearing set

By TOMMY WITHERSPOON

The more than 170 members of biker gangs that Waco law enforcement officials say were involved in a deadly biker gang shootout Sunday at Twin Peaks won’t be going anywhere soon.

Justice of the Peace W.H. “Pete” Peterson set bonds for 174 gang members charged with engaging in organized criminal activity at $1 million each.

“I think it is important to send a message,” Peterson said. “We had nine people killed in our community. These people just came in, and most of them were from out of town. Very few of them were from in town.”

MORE: Partial list of suspects charged in shootout

Meanwhile, a lawyer for Jimmy Don Smith, 59, of Caldwell, moved quickly Monday in getting a bond-reduction hearing set. Dan Jones, a Bryan lawyer, was in Judge Ralph Strother’s 19th State District Court on Monday to request the hearing for Smith, a mechanic with Novosad Enterprises of Caldwell. Strother set the hearing for June 5.

Peterson declined to release the identities of the nine men killed Sunday because he said only one man’s family has been notified that he knows of so far.

He said all but two of those killed were not from the Waco area, but declined to say where they were from.

Even if the men bond out of jail, they likely won’t be riding their motorcycles home. The motorcycles were confiscated as part of the massive law enforcement investigation, and sources say they likely will be seized and forfeited by McLennan County through civil forfeiture procedures and sold at auction.

In affidavits to support the arrests of the bikers issued by Peterson on Monday morning, Waco police Officer Manuel Chavez officially identifies the groups as “members and associates of the Cossacks Motorcycle Club and the Bandidos Motorcycle Club.”

While Waco police Sgt. W. Patrick Swanton declined to identify the opposing groups Sunday, he said at least five motorcycle gangs were involved in the altercation.

“The members and associates of the Cossacks and Bandidos were wearing common identifying distinctive signs or symbols and/or had an identifiable leadership and/or continuously or regularly associate in the commission of criminal activities,” the affidavit says. “The Texas Department of Public Safety maintains a database containing information identifying the Cossacks and their associates as a criminal street gang and the Bandidos and their associates as a criminal street gang.”

After the shootout, firearms, knives or “other unknown edged weapons,” batons, clubs, brass knuckles and other weapons were recovered from members and associates of both gangs, the complaint alleges.

Other weapons also were found on their motorcycles.

http://www.wacotrib.com/news/police/bikers-jailed-under-million-bonds-one-bond-reduction-hearing-set/article_38b881ef-0278-51ab-bc82-8c8a05b224da.html

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