November 24th Update no. 1
On November 17th, attorneys representing six of the bikers indicted after the Twin Peak’s shootout have filed federal civil rights lawsuits. The suits contend the biker’s constitutional rights were violated by the Waco Police Department and the McLennan County Sheriff’s Department. Here is the list of unconstitutional acts and breaches of law cited:
-The DA’s Office arrests and indictments of the bikers are based merely on “guilt by association.” There is no basis to arrest bikers who fled or hid when shots were fired.
-Bikers have the right to freely assemble and gather for legal activity. Without engaging in criminal activity, there is no basis for the arrest, incarceration or indictment of most of the bikers.
-The identical “fill-in-the-name affidavits” to arrest and “blanket bonds” are unconstitutional.
-Grand jury indictments are not based on what an individual did.
-There are issues surrounding when Miranda warnings were given.
-A false narrative of what was reported by law enforcement was a “shootout between outlaw motorcycle gangs,” causing irreparable harm to the plaintiffs. A “false picture of the event” was created by displaying knives that were legal and guns that were safely stored on motorcycles or in automobiles.
-Forensic evidence, that has not been released, will show whose bullets killed the nine bikers and is required to defend the bikers.
November 24th Update no. 2
In mid-November, a number of the defense attorneys representing bikers arrested after the shootout say the District Attorney is violating the state’s Michael Morton Act, which states that prosecutors must give defense attorneys access to evidence without condition. The condition the prosecutors are requesting is for the defense attorneys to sign an agreement with the DA that they will not share the video with the media.
Defense attorneys plan to contest the agreement in court. When asked last week about this, not surprisingly, the DA refused to comment.
Six months after the “biker shootout” in Waco (I use quotation marks because this phrase is used by the media and law enforcement makes it sound like there were only bikers shooting and no law enforcement officers), there are more questionable, at best, moves by the legal system.
What really happened in Waco is still largely unknown. What is known is that on May 17th, before the monthly meeting of the Texas Coalition of Clubs and Independents (TX COCI), which is an organization dedicated to protecting bikers’ rights and promoting motorcycle safety, there was a shootout at a Twin Peaks in Waco, TX. There were shots fired between motorcycle club members and also from law enforcement officers, which left nine dead, eighteen hospitalized and a total of 177 jailed.
All 177 jailed were initially held on $1 million blanket bonds. It took about five months and enormous amounts of money spent on legal fees by the bikers before they all had bonded out.
Now the latest, on November 16, a grand jury indicted 106 bikers of “engaging in organized criminal activity with the underlying offense being aggravated assault and murder.” A reasonable person might think that to indict this many people, it would take weeks or months, but not in Waco where it only took nine hours or about five minutes per indictment!
The McLennan County District Attorney, Abel Reyna, has dug his feet in. He stated, “This is just the beginning of what is an ongoing, continuing investigation.” Also, he stated, that this was just the first round of indictments and the remaining 71 bikers’ cases will go before the grand jury.
To date there is only one Waco shootout video taken from the inside of Twin Peaks and none of the videos show what is most important — what happened in the parking lot. Also, there have been no results released from autopsies of those deceased or from forensics of those who were wounded and survived. These will clearly show how many deaths and wounds were from bikers’ weapons and how many from law enforcement weapons.
To help get the videos and documents released faster and released in full, it is going to take a lot of pressure, and the ACLU recommends these contacts:
Send written complaints to (Texas and Out-Of-State Residents):
Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428
We will keep you informed on the latest of what is going on with the shootout in Waco.