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Biker objects to postponement of trial, says DA has no case [Waco]
Waco Herald-Tribune ^ | August 7, 2015 | TOMMY WITHERSPOON

Posted on 08/08/2015 3:02:42 PM PDT by don-o

An attorney for a biker arrested in the May 17 Twin Peaks shootout complained that the McLennan County District Attorney’s Office keeps postponing an examining trial because it has no case against his client and charged that a prosecutor lied to him.

Conrad Beyer, a San Antonio attorney representing Bill Jason McRee, twice has scheduled examining trials in Waco’s 19th State District Court and both hearings have been postponed, including one set for Friday.

While a prosecutor and judge say Beyer agreed to the second postponement, Beyer filed an objection Friday alleging Assistant District Attorney Amanda Dillon misled him about resetting the examining trial on Friday and failed to file a written motion asking for a continuance.

“They are trying to move it back and back and back and try to push the case to a grand jury and are trying to keep from having to put together a case they don’t have,” Beyer said.

After the second continuance, which Judge Ralph Strother said Beyer agreed to Thursday in a telephone conference with Dillon, Strother set McRee’s examining trial for Aug. 28.

Beyer said Friday he has waited long enough. He removed the request for an examining trial from 19th State District Court and filed it in Waco Municipal Court. No date has been set for that examining trial, which gives defendants a forum to question whether there is sufficient probable cause to support their arrests and a chance to get an early view of the state’s evidence.

“I want it out of an elected official’s court, where the court of public opinion does not matter,” Beyer said. “Everyone here is playing C.Y.A.”

Dillon bristled when told Beyer called her a liar. She huddled with McLennan County District Attorney Abel Reyna and provided a written response to Beyer’s accusations. Reyna declined comment about the filed objection.

Beyer’s objection claims that Dillon improperly talked to Strother without him being present to reset the first scheduled examining trial from July 31 to Friday. He said Dillon told him she talked to the judge and that Beyer was supposed to get an email that the hearing had been rescheduled.

Beyer said he was not informed of the continuance and drove from San Antonio to Waco on July 31 expecting to have the examining trial.

Dillon said she told Beyer that she would call “the court” to move the date.

“At no point did he object to the change and in fact agreed,” Dillon said in her statement. “As I stated to him, I contacted the staff of the court and informed them that there was an agreed reset to the next available setting which was Aug. 7th. At no time did I represent that I contacted or would contact the judge directly, as doing so would be improper. Arguing that the state’s attorney lied to defense counsel is merely evidence that all future communications with Mr. Beyer will be in writing.”

Strother said Dillon did not speak to him but went through his court staff to get the setting changed.

Dillon said Friday’s examining trial had to be postponed because of the recent death of a Department of Public Safety trooper’s mother.

Beyer said the trooper interviewed McRee, a 38-year-old member of the Cossacks biker group who lives in Seagoville, after his arrest but he isn’t sure what the trooper was being called to testify about.

Dillon said Beyer agreed to the telephone conference with the judge and never “raised any issues that are now contained” in his objections filed Friday.

“Furthermore, defense counsel agreed to the current setting of August 28th, 2015. The state stands ready to proceed on the defendant’s examining trial on the

date agreed upon by both parties and the judge,” Dillon said.

17 examining trials

No examining trials have been held yet, but a visiting judge who formerly presided in courts in Bosque, Comanche and Hamilton counties has been approved to hear about 17 examining trials in coming weeks.

Beyer said he has watched a three-hour video of the May 17 shootout captured by cameras at Twin Peaks. He declined comment about the video because of a court order that prevents its dissemination, he said. He said he has seen no video shot by police dashboard cameras.

He said some of those arrested have been given their cellphones back and they all were returned “scrubbed like factory resets,” or with data wiped out.

He said McRee, a motorcycle mechanic, told him he was on the patio sipping iced tea and eating a burger when the shooting began. McRee was only a few feet away from a fellow Cossack when a member of opposing biker group Bandidos shot his friend in the head, Beyer said.

McRee scrambled to help pull people from the parking lot over into the patio area and out of the line of fire, Beyer said. He was crawling to try to help a biker who had been shot in the legs and back when McRee was handcuffed by police, Beyer said.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: texasgatortroll; waco
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To: ThunderSleeps

Speaking of the periphery, they arrested bikers who weren’t even in the parking lot but riding past the convention center and pumping gas at a truck stop.


41 posted on 08/08/2015 5:05:19 PM PDT by bgill ( CDC site, "we still do not know exactly how people are infected with Ebola")
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To: bgill

And then slammed them under the same cookie cutter.

Something went on in Waco but it would be ludicrous to call it justice.


42 posted on 08/08/2015 5:09:56 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: bgill

“That means you’d best stay away from many FRiends. “

How many FRiends are biker gangsters?


43 posted on 08/08/2015 5:17:22 PM PDT by TexasGator
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To: bgill

Bikers hate cagers but when they need to cage someone in they use ....

“During the attack on Interstate 35, several Cossacks in trucks boxed in two Bandidos on motorcycles.”

http://www.houstonchronicle.com/news/houston-texas/houston/article/Documents-outline-police-concerns-over-biker-6432164.php


44 posted on 08/08/2015 5:24:53 PM PDT by TexasGator
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To: TexasGator
Beyer may be out of his league ... “My specializations lie in Landlord/Tenant, Real Estate, Contracts, Construction, Property, and Probate Law. Expertise in these areas is what I offer to our clients.”

Concurring bump...he sounds like a fish out of water in a criminal court.

45 posted on 08/08/2015 6:14:09 PM PDT by mac_truck (Aide toi et dieu t aidera)
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To: TexasGator

Bless your heart.


46 posted on 08/08/2015 7:23:08 PM PDT by printhead (Standard & Poor - Poor is the new standard.)
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To: don-o

At this point; anyone backing the DA and this massacre by the cops on May 17th are mentally deranged and should be locked up in a mental institution for the safety of others. Every single one.

It’s as obvious as the day is long that there is a huge cover up by the DA and LE going on in Waco. The only real question is how high up the food chain it goes.


47 posted on 08/08/2015 8:48:48 PM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: Boomer

“this massacre by the cops”


“McLennan County prosecutors said this week at a hearing that video from the scene clearly shows “Bandidos executing Cossacks and Cossacks executing Bandidos, some at point-blank range” and that Cossacks stationed on the patio jumped over the railings to join the fray.”

http://www.wacotrib.com/news/twin-peaks-biker-shooting/released-bikers-give-clashing-accounts-of-twin-peaks-shootout/article_104678d4-f974-5643-9cf1-810ef1d16987.html


48 posted on 08/08/2015 9:13:50 PM PDT by TexasGator
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To: Repeal The 17th

What has he got against morons?


49 posted on 08/08/2015 9:22:31 PM PDT by sport
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To: HiTech RedNeck

We all know that justice will come to those as they deserve it.

Some at Twin Peaks that day will be exonerated, most will suffer the consequences of their actions whether it is for murder or for being stupid enough to hang around with lowlifes who care so little about justice they are willing to kill others for being dis-respected.


50 posted on 08/08/2015 9:33:55 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: TexasGator

Like I said; if you are still backing the DA and LE in this massacre you are mentally deranged.


51 posted on 08/09/2015 1:13:10 AM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: Boomer

“Like I said; if you are still backing the DA and LE in this massacre you are mentally deranged.”

Like I said, if you are still backing motorcycle gangs you are mentally deranged.


52 posted on 08/09/2015 9:02:21 AM PDT by TexasGator
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To: TexasGator

Cute.

Once a loser; always a loser. Take that to the bank... loser.


53 posted on 08/09/2015 4:08:49 PM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: Boomer

“Cute. Once a loser; always a loser. Take that to the bank... loser.”

I do my banking on-line.


54 posted on 08/09/2015 4:28:40 PM PDT by TexasGator
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To: TexasGator

From what I have read from you; you clearly take your banking in your backside.

Do you bleed from your eyes and wherever afterward?


55 posted on 08/09/2015 4:33:30 PM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: Boomer

“From what I have read from you; you clearly take your banking in your backside. Do you bleed from your eyes and wherever afterward?”

Hard to believe that an adult on FR would write such garbage as that!


56 posted on 08/09/2015 4:35:36 PM PDT by TexasGator
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To: TexasGator

Seriously? After all the garbage you constantly post here; you have the gall to say something so completely insane?

Wow. Just freaking wow.

Your village called. They’re missing their idiot.


57 posted on 08/09/2015 6:11:54 PM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: TexasGator

One other thing. You are clearly a paid plant. You never ever post anything from the heart. It’s always some list of links you constantly use to debate with. Not one single word comes from you; the person.

How can anyone ever take you seriously? Besides being paid to disrupt this forum; why are you here? What is your motive?

I asked this once before you came back with the extremely lame answer of “the truth”. Talk about straight out of rules for radicals. You must have that book memorized. Heck; you may even teach a class in it. You might even be Bill Ayers; you sound as cold and calculating as he does without even a minimal amount of human caring about life.

Again, it’s obvious you are not a conservative, so why are you here? Did you not think people like me wouldn’t call you out? Your charade is so transparent even a blind squirrel could see through it.

You should go back to DU where you belong.


58 posted on 08/09/2015 6:32:04 PM PDT by Boomer (Politically Incorrect and proud of it. "Live Free Or Die" is not just a slogan.)
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To: Boomer

” It’s always some list of links you constantly use to debate with”

Most of the time my links and facts are met, not with debate, but with personal attacks .... just as you did again.


59 posted on 08/09/2015 6:47:48 PM PDT by TexasGator
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To: TexasGator

After a while of soaking in, “Consider the source” does become a valid thought.


60 posted on 08/09/2015 6:48:44 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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