Posts Tagged ‘Twin Peaks’

Waco Biker Trial Update: No Prosecutions Under Abel Reyna

Tuesday, September 4th, 2018

The much-delayed Waco biker trials will be delayed again until defeated McLennan County DA Abel Reyna is out of office:

A judge, who said Friday he has been “troubled by the whole Twin Peaks matter from its inception,” put off the trials of bikers in his court until after the first of the year because he wants the new McLennan County district attorney to review how the remaining Twin Peaks cases will be handled.

Judge Ralph Strother, the morning after conducing a daylong pretrial hearing in Twin Peaks defendant Tom Modesto Mendez’s first-degree felony riot case, decided on his own to postpone Mendez’s trial, which was set to start Sept. 10.

Strother denied a motion Thursday by Mendez’s attorney to throw out the indictment after prosecutors agreed to amend language in the riot indictment that more closely tracks wording in the statute.

Both sides have been preparing for weeks for the Mendez case, and each side had scheduled witnesses, some from out of state, to be ready to go Sept. 10.

The sexual assault trial of former Baylor University football player Shawn Oakman had been set for Sept. 10 as a backup to the Mendez case, but it, too, was pushed back Friday. Strother granted the delay in that case, which Oakman’s attorney requested a few hours after Mendez’s delay, saying a character witness who is out of state cannot be subpoenaed in time for Sept. 10.

It was Strother, even more than Mendez’s attorney, Jaime Peña, who questioned prosecutors Thursday about the riot indictment and expressed concerns that they, in effect, had turned what normally is a Class B misdemeanor into a crime that possibly subjects the defendants to life in prison.

And remember that all this is after most of the original, overbroad charges against various bikers present at the Twin Peaks shootout were dismissed.

Snip.

“I think a fresh set of eyes re-evaluating how the state is pursuing these cases is warranted,” Peña said. “That is essentially what the judge is saying. He wants to push it into the new year and let the new DA look at this.”

Barry Johnson beat incumbent DA Abel Reyna by 20 percentage points in the March Republican primary and will run unopposed in November. Johnson, who takes office in January, said during the campaign that one of the first things he will do is assemble a team to review the remaining Twin Peaks cases.

Reyna has not attended any of the numerous hearings involving Twin Peaks defendants since he lost the primary.

The judge’s position is reasonable, but if I were a resident of McLennan County, I would be pissed not only that Reyna so badly screwed up prosecution with his unconstitutional “collective guilt” approach, but that he can’t even be arsed to do his damn job since voters handed him his walking papers…

Waco Biker Trials Update: More Dismissals

Saturday, May 5th, 2018

More news on the Twin Peaks biker fight indictments:

Frustrated by a lack of movement in the Twin Peaks cases, a judge set trial dates Friday for three bikers, while McLennan County prosecutors dismissed 13 more cases involving those indicted in the May 2015 shootout.

Judge Matt Johnson of Waco’s 54th State District Court summoned six members of the Cossacks motorcycle group or their support groups to court Friday to get updates on how their cases will be moving forward.

On Thursday, prosecutors dismissed 15 cases against bikers who had been summoned to court Friday, leaving a much smaller group at the hearing in Johnson’s court. Prosecutors also formally refused an unindicted case involving Donald Fowler on Thursday.

After the hearing, prosecutors presented Johnson with 13 new dismissals, most of them involving members of the Bandidos group or their support clubs.

Cases dismissed Friday involve Justin Garcia, Cory McAlister, Jimmy Pond, Jason Dillard, Kenneth Carlisle, Richard Donias, Gilbert Zamora, Ronald Warren, Richard Smith, Phillip Sampson, Christopher Rogers, Rolando Reyes and John Martinez.

The dismissals this week bring the number of pending cases to 98, down from 155 bikers indicted after the shootout in which nine were killed and 20 were wounded and injured.

Since District Attorney Abel Reyna was defeated in the March Republican primary, his office has dismissed 56 indicted Twin Peaks cases and refused prosecution on 33 others. Special prosecutors appointed to handle four cases in which Reyna recused his office dismissed one indicted case this week.

Reyna did not attended Friday’s hearing, nor was he at a similar hearing 19th State District Judge Ralph Strother held last week.

Johnson set Wesley McAlister’s case for Sept. 10 as a backup case to the retrial of Jacob Carrizal, the Bandidos Dallas chapter president whose trial ended in November with a hung jury and a mistrial.

Carrizal has a new attorney, and the judge said if he is not ready to try the case on Sept. 10, Wesley McAlister will take that trial slot. A jury panel has been summoned to report to court Aug. 24 to fill out questionnaires in the case.

Johnson also set trial dates for early November for Jacob Reese and Timothy Shayne Satterwhite.

Dallas attorney Clint Broden, who represents Richard Luther, asked the court to set a trial date, but said he will file a motion to recuse Reyna that would require a hearing because he thinks Reyna is a material witness in the case.

The judge agreed to set Luther’s trial date after the first of the year, when Reyna will be out of office and the potential conflict will be resolved.

It’s hard to think of such a high-profile modern criminal prosecution, following an incident in which so many people dead, where the prosecution of the case was so badly bungled. (Feel free to suggest alternate candidates in the comments below.) It’s almost as though all the mass indictments and endless delays were monuments to Reyna’s inability to actually indict specific individuals for the murders of other specific individuals, and now that he’s out of the way, maybe some actual justice can be salvaged from the ruins of his incompetence…

(Hat tip: Dwight.)

Waco Biker Trials Update

Thursday, March 29th, 2018

The wheels of (in)justice seem to be grinding ever on in the endless string of (non)trials resulting from the 2015 Twin Peaks Waco biker shootout.

First, another of the bikers arrested in the shootout is now headed to trial on April 2:

Cody Ledbetter has been trying to get his day in court for almost three years as the specter of witnessing his stepfather’s death in the 2015 Twin Peaks shootout and his pending indictment hang over his life.

Ledbetter and his attorney, Paul Looney, of Houston, got their wish Monday when 54th State District Judge Matt Johnson gave them the April 2 trial date initially reserved for the retrial of Jacob Carrizal, president of the Dallas Bandidos chapter, whose November trial ended in a mistrial.

Ledbetter’s stepfather, Daniel Boyett, was shot and killed at Twin Peaks during the Sunday afternoon brawl between members of the Bandidos and Cossacks motorcycle groups and their support clubs, and Ledbetter’s life has been turned upside down while the first-degree felony charge hangs over his head.

Carrizal’s trial ended in mistrial in November after jurors could not reach unanimous verdicts on any of the counts against him. The McLennan County District Attorney’s Office hand-picked Carrizal to be tried first among 154 bikers indicted at the time in the Twin Peaks case.

On Monday, Carrizal’s new attorney, Christopher Lewis, of Dallas, filed a motion for continuance in the case, telling Johnson he is set for trial in federal court in Dallas on the same day. He also said he received 1.9 terabytes of discovery from the DA’s office on Feb. 12 and needs more time to adequately review the materials and prepare for trial.

With a trial date available, Looney and Ledbetter, a 28-year-old diesel mechanic with no criminal record, jumped in.

“It is just time to go in and lay the cards on the table and let the jury exonerate this man,” Looney said. “He has been innocent and on bond for three years. That is a torture that no innocent person should have to go through. It is time for it to stop, and we are finally in front of a group of people who can finally make it stop.”

Looney filed a motion to disqualify McLennan County District Attorney Abel Reyna in October after it was discovered that the DA’s office released videos from Ledbetter’s cellphone that showed Ledbetter and his wife having sex. The videos were sent to more than 125 attorneys as part of the massive Twin Peaks discovery process.

In news you may have missed, the charges against thirteen of the bikers were dismissed in February:

An attorney for one of the bikers indicted in the deadly 2015 Twin Peaks shootout said it appears the “Twin Peaks dam” is starting to break with the dismissal of charges against 13 bikers Thursday.

Meanwhile, the same attorney, Brian Bouffard, said McLennan County District Attorney Abel Reyna only dropped the cases in a show of “moral cowardice by an elected official” to avoid adverse testimony at a scheduled Thursday hearing to disqualify his office.

Two district judges signed orders submitted to them by the DA’s office Thursday morning dismissing charges against 13 bikers arrested in the May 17, 2015, Twin Peaks shootout and two recusing the McLennan County District Attorney’s Office in two other biker cases.

Besides the 13 dismissals, prosecutor Michael Jarrett told the judges that Reyna also intends to formally refuse eight more cases against bikers who were arrested, but have not been indicted in the shootout that left nine dead and dozens injured.

The dismissals came hours before a hearing scheduled for Thursday afternoon at which two bikers were asking to disqualify Reyna from handling their cases on a variety of grounds.

That hearing was canceled in light of Reyna’s actions.

Reyna did not return phone calls seeking comment Thursday and declined to provide the Tribune-Herald with a written statement he prepared about the dismissals.

Judge Ralph Strother, of Waco’s 19th State District Court, said Thursday he plans to ask the Texas Attorney General’s Office prosecutorial assistance division to take over prosecution of the case against biker Billy McRee. Reyna agreed to recuse his office in that case, while he dismissed the case against Jorge Salinas.

Salinas, a two-tour Marine combat veteran; and McRee, a mechanic, are both former members of the Cossacks motorcycle group.

Salinas, who said he was sitting in a deer blind when he was notified his case had been dismissed, said he became emotional at the news. He said he is grateful, but that the decision came too late and at too high a cost to him and his family.

Salinas, his family and Bouffard, of Fort Worth, spoke at a press conference Thursday that also included McRee and his family; and his attorney, David Conrad Beyer, also of Fort Worth; and Dallas attorney Clint Broden.

Broden, who represents two bikers indicted in the incident, said they chose the first-floor courthouse rotunda as the location of the press conference because it was there that Reyna held a press conference almost three years ago to announce that he had, as Broden characterized it, “bamboozled” a grand jury into indicting 154 bikers on identical charges after the shootout.

“My client is a decorated Marine combat veteran,” Bouffard said. “He and I took the same oath years ago. Part of that oath is that we will support and defend the Constitution of the United States of America from all enemies, foreign and domestic. And I ask you and I ask the public to ask yourselves, what better definition of a domestic enemy of our Constitution than Abel Reyna?”

The attorneys charged that Reyna only decided to drop the charges and to recuse his office in McRee’s case to escape being placed under oath at the disqualification hearing and to prevent the adverse testimonies of former and current members of his staff, some of whom have reported alleged abuses of his office to Texas Rangers and the FBI.

“The Twin Peaks dam has now broken, and with each new dismissal that may come, the public will see clearly what Twin Peaks defense counsel have known for almost three years — that Abel Reyna arrested, charged, and indicted a very large number of these men for purely political reasons, apparently without any intent to take them to trial,” Bouffard said in a statement Thursday morning.

“Though it took far too long, we pushed Mr. Reyna’s back to the wall and he finally had nowhere else to run.”

And what about Mr. Reyna himself, the prosecutor who has yet to bring a single charge of murder in an incident where nine people died, but was more than willing to file conspiracy charges against bikers for being in the wrong place at the wrong time? He lost in the Republican primary:

Barry Johnson, who beat Reyna in the Republican primary, made the bungled prosecution of more than a hundred bikers a central issue of his campaign. The years since the shootout, he argued, have been marked by misconduct, suppressed evidence, and overreach.

According to the official story, two rival motorcycle gangs got into a turf war outside a local Twin Peaks restaurant, and then turned their guns on police officers who tried to intervene. Nine of the bikers were killed in the shootout and 20 more were wounded. But investigative reporters have cast doubt on this narrative, suggesting instead that police overreacted to a small skirmish and escalated the fight. Police were responsible for at least four of the nine deaths, according to evidence obtained by the Associated Press.

Snip.

Reyna’s office ultimately pursued charges against more than 150 bikers under the argument that even individuals who weren’t involved in the fight were guilty by their attendance alone. More than 100 bikers have since sued Waco for wrongful arrest. Their cases could cost the city more than a billion dollars.

Prosecutors were caught repeatedly withholding evidence during the first and, thus far, only biker trial. A Texas Ranger relayed that Reyna had specifically instructed him to keep evidence away from the defense team.

“At one point in the trial, [the defense attorney’s] discoveries of withheld evidence had become so regular that [the judge] ordered Reyna to instruct his prosecutors and all law enforcement agencies involved in the Twin Peaks investigation to go back and search their files to make sure all materials had been disclosed to the defense as required by law,” the Waco Tribune reported.

That trial ended with a deadlocked jury in November. Since then, Reyna has dismissed more than 50 biker cases and recused his office from another to avoid a disqualification hearing. The bikers’ defense attorneys subpoenaed several of Reyna’s employees and a retired police detective to testify about the DA’s misconduct and corruption.

Assuming he wins in November, Johnson has his job cut out for him cleaning up Abel Reyna’s mess…

(Hat tip: Dwight.)

48 More Waco Bikers Indicted

Friday, March 25th, 2016

Another update on the aftermath of the Waco shootout:

A Texas grand jury indicted 48 more bikers Wednesday in connection with a May 2015 shootout outside a Twin Peaks restaurant that left nine dead, bringing the total number of people facing felony charges to 154.

Prosecutors in Waco announced that all the bikers indicted are charged with engaging in organized criminal activity, meaning they’re accused of being complicit in the shooting that also left 20 people injured. They face 15 years to life in prison if convicted.

McLennan County District Attorney Abel Reyna won indictments against 106 other bikers in November. In a statement Wednesday, he did not rule out more indictments in what he called “an ongoing investigation.”

Six of the 48 people newly indicted have not been arrested, and their indictments remain under seal. But Reyna and the McLennan County district clerk’s office confirmed they were facing the same charge as other bikers. A spokeswoman for Reyna did not respond to a question about whether the grand jury declined to indict in any cases presented.

Reyna has been harshly criticized by attorneys who say he’s prosecuting dozens of bikers who were at the restaurant only for a peaceful gathering of motorcycle clubs.

Snip.

Prosecutors have not indicted anyone specifically for murder in the nine deaths. The organized criminal activity charge incorporates allegations that every person indicted was responsible for the deaths and injuries that ensued in the gunfire.

Dallas attorney Don Tittle said Wednesday’s indictments appeared to center on bikers who weren’t members of the two major clubs present — the Bandidos and the Cossacks — but rather part of smaller “support clubs.” Dozens of Bandidos and Cossacks have already been indicted.

DA Reyna seems to be working on the novel (to America, anyway) theory of “collective guilt,” that if he can just get a grand jury to indict every member of every motorcycle club present at Twin Peaks that day merely for being in a motorcycle club, that will make up for his inability to charge any individual with murder.

That’s not going to fly. Quantity is absolutely no substitute for quality in the criminal justice system. Ten months after the Twin Peaks shootout, public officials seem no closer to determining who killed who that day, and what role law enforcement overreaction and incompetence played in those deaths.

Breastaurants 1, Social Justice Warriors 0

Sunday, May 24th, 2015

Having no special post for remembering the fallen on Memorial Day up my sleeve this weekend, instead enjoy a small Twitter thread on the usual feminist assault on “Breastaurants” (Hooters, Twin Peaks, etc.):