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Texas biker shootout: Can 174 people be convicted of murder?
star.com ^ | May 31, 2015 | Naomi Martin

Posted on 05/31/2015 5:20:38 PM PDT by don-o

WACO, TEXAS—After a gunfight between rival motorcycle gangs outside a crowded restaurant left nine dead, police rounded up everyone on the scene wearing biker vests. Now, as 174 people sit in jail on organized crime charges, legal experts say prosecutors face a difficult challenge, and that many of those arrested could end up going free.

“They have bitten off more than they can chew,” said Robert Draskovich, a Las Vegas criminal defence lawyer who represents bikers. “Prosecutors often overreach and charge too many people, but I’ve never seen it to this extent.”

To prove the current charges, which have capital murder as the underlying crime, prosecutors must show each defendant took part in the shootout. Although the law allows for broad interpretation of participation, experts say the case is muddled by Texas’ strong self-defence and gun rights, as well as issues with witness credibility and a lack of co-operation.

snip

The last mass biker arrest in the U.S. occurred in 2002 in Las Vegas after a brawl broke out between the Hells Angels and the Mongols at Harrah’s Casino. Three people were killed and about a dozen others were wounded. Authorities rounded up 120 people. Only six of 44 Hells Angels indicted in federal court were convicted; six Mongols members were convicted in state court.

Draskovich represented one of the Hells Angels defendants whose charges were dismissed. He sees parallels between that case and the one in Waco.

“There’s generally a smaller group who, if a law was broken, they broke it,” he said. “So that’s why I say the majority of the people they arrested (in Waco) are going to walk.”

(Excerpt) Read more at thestar.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: abuseofpower; donutwatch; mediablackout; newsblackout; nifongism; waco; wacoshootout; whereistheaclu
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To: Hugin
All of them as far as we know. Police set up an ambush, kill a bunch of people, and charge the rest with murder.

Welcome to 21st century America.



81 posted on 06/01/2015 4:25:15 AM PDT by Robert Teesdale (III% | 4GW)
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To: Crystal Palace East
The Act is the shooting by one or more Actors.

But, they have the cart before the horse. More accurately, they have a cart and no horse. Two weeks later, there is no one charged with murder.

82 posted on 06/01/2015 4:33:50 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o

Whomever gets called at this trial as the ballistics expert is going to have their hands full. Had to be an crime scene that produced mountains of ballistics evidence.


83 posted on 06/01/2015 4:36:37 AM PDT by IamConservative (If fighting fire with fire is a good idea, why do the pros use water?)
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To: Travis McGee

I read “500 rounds fired”. That seems a lot but if four shooters empty their 30 round magazines it is still 120. And only 9 killed? Thank God those guys can’t shoot! It would be nice to know who those four are so they could receive induction into the Lon Horiuhchi Hall of Shame. Is there anyone left who believes the trigger happy quartet acted reasonably or within the law?


84 posted on 06/01/2015 4:50:03 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Crystal Palace East
The question is can 12 angry people in McLennon County, Texas convict them of anything they want to?

And there is a stream of thought that the jury can nullify the law under which they are charged.

85 posted on 06/01/2015 4:51:59 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o
Texas biker shootout: Can 174 people be convicted of murder?

Not if they were cops, politicians or generally rich.

86 posted on 06/01/2015 4:59:18 AM PDT by DungeonMaster (Of those born of women there is not risen one greater than John The Baptist.)
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To: Texas Fossil

“So yes there is someone who is promoting an agenda. I don’t think it is based in Texas. But I have an idea who it is.”

Remember the live anthrax supposedly sent all over the place by “accident” last week?

JULY 2015 HEADLINE:

“Right wing extremist Soldier absconds with live anthrax mistakenly sent to Army base lab! Anthrax thief has ties to violent criminal biker gang!”

(Did the anthrax thing really happen, or are we being fed a plot element of Jade Helm 15?)


87 posted on 06/01/2015 5:16:28 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: txrefugee

That will be the rub.


88 posted on 06/01/2015 5:24:58 AM PDT by mad_as_he$$
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To: davetex
So any colors/ Or just the clubs involved - Banditos and Cossaks in the deaths? Sticky definition. Going after the bikers for Jesus guys in TX should be interesting.
89 posted on 06/01/2015 5:28:12 AM PDT by mad_as_he$$
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To: wastoute

The way I see it, ATF was running the show with the Waco SWAT Team as their b!itches.

Local LEOs, especially SWAT, are often bucking for a transfer/promotion/elevation over to the FLE side. This desire to curry favor and impress the FLEAs makes local SWAT teams putty in the hands of the feds.

Willing b!tches.


90 posted on 06/01/2015 5:40:01 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: mad_as_he$$

Yeah, I don’t know about any and all colors.


91 posted on 06/01/2015 6:10:10 AM PDT by davetex (Location: The Alamo)
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To: Travis McGee

If your suspicions begin to seem true I would not want to be one of these ATF types. They sure as hell don’t outnumber us and be far do not outgun us.


92 posted on 06/01/2015 6:37:16 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Travis McGee

Obama’s minions are capable of anything. No treachery is too low for them.

Expose em all.


93 posted on 06/01/2015 7:19:54 AM PDT by Texas Fossil (Texas is not where you were born, but a Free State of Heart, Mind & Attitude!)
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To: Travis McGee

None of this happens by accident.


94 posted on 06/01/2015 7:43:43 AM PDT by Texas Fossil (Texas is not where you were born, but a Free State of Heart, Mind & Attitude!)
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To: don-o

Let me explain Texas.

These motorcyclists, who are a bunch of “peckerwoods who ain’t from round here” came to Waco to cause trouble... and a jury there will give it to them.


95 posted on 06/01/2015 7:40:22 PM PDT by Crystal Palace East (90% of MSM is lies, except the National Enquirer, of course :))
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To: don-o

Why the rush. By Tx law, there is no Statute of Limitations on a murder charge.

The Texas Ranger, who are still very much real, will take their time to bring the charges to a Grand Jury; probably 2-3 months.

And when they do so, they will have the sworn testimony of at least 20 other biker scum who rolled over on the perps.


96 posted on 06/01/2015 7:40:22 PM PDT by Crystal Palace East (90% of MSM is lies, except the National Enquirer, of course :))
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To: Crystal Palace East

“Let me explain Texas.”

I don’t need it explained.


97 posted on 06/01/2015 10:11:14 PM PDT by Texas Fossil (Texas is not where you were born, but a Free State of Heart, Mind & Attitude!)
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To: Crystal Palace East
Why the rush. By Tx law, there is no Statute of Limitations on a murder charge.

They have charged 170 with criminal conspiracy. The law requires an overt act. Unless someone is charged with something, there is no overt act.

98 posted on 06/02/2015 4:28:25 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: Crystal Palace East; Lazamataz
The question is can 12 angry people in McLennon County, Texas convict them of anything they want to? You betcha.

Nonsense.

Oh, and welcome to Free Republic.

99 posted on 06/02/2015 4:43:11 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: don-o

Actually, no. There is no requirement to define the overt act as to who the actor was. The dead bodies speak for themselves.

Example: Apple, Brown and Charlie plan an armed robbery of a 7-11. Apple and Brown, both armed, go into store. One shoots clerk and clerk dies.

Charlie never goes inside, just stays in car as getaway driver.

No one is sure if it was Apple or Brown who shot clerk, but one did. All three, Apple, Brown and Charlie can be charged with murder.


100 posted on 06/02/2015 5:39:33 AM PDT by Crystal Palace East (90% of MSM is lies, except the National Enquirer, of course :))
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