Posted on 07/03/2015 4:42:00 AM PDT by don-o
A hearing Thursday for a disabled Gatesville Army veteran who rides with the Cossacks Motorcycle Club included a strong challenge to the probable cause used to arrest 177 bikers in the wake of the May 17 Twin Peaks shootout.
Ronald Atterbury’s attorney, John H. Jackson, who also is a former state district judge from Corsicana, attacked the probable cause reported in Atterbury’s arrest warrant affidavit, which is identical to the others used to detain bikers en masse after the melee that left nine dead and 20 injured.
Officials used identical documents, labeled “cookie-cutter” by defense attorneys, changing only the names, to apply the same conduct to all those jailed.
Jackson was not successful in getting the charges dismissed, but convinced 54th State District Judge Matt Johnson to reduce Atterbury’s bond from $1 million to $40,000.
Jackson called Waco police Detective Manuel Chavez as a witness to describe how the affidavits were drafted. To obtain the arrest warrants, Chavez swore before a judge as to their content. He testified Thursday that the document was written by prosecutors in the McLennan County District Attorney’s Office on the day of the shootout.
Chavez admitted he didn’t know if Atterbury, 45, committed any of the offenses alleged in the affidavit and acknowledged that the affidavit does not accuse Atterbury specifically of any wrongdoing besides being a member of the Cossacks.
“Is membership in one of those organizations a crime?” Jackson asked. Chavez answered, “No.”
“You did not furnish any information to Judge (Pete) Peterson that my client committed any crime, did you?” Jackson asked.
Chavez said, “No, sir.”
Peterson, a justice of the peace, issued the arrest warrants and set $1 million bonds for each biker.
Under cross-examination from prosecutor Brandon Luce, Chavez said he spoke with other officers and witnesses who were present during the shootout.
“He committed the offense of engaging in organized criminal activity by associating with a criminal street gang and showing up with other members of an organized street gang where a melee ensued, involving another organized street gang. Is that right?” Luce asked.
“That is correct,” the detective replied.
Jackson again questioned Chavez.
“You did not set out specific allegations in those affidavits for any of these 177 people that would lead a judge to believe that any of them committed any offense at all, did you?” Jackson asked. “Does it bother you that a lot of people were locked up because of your affidavit that doesn’t allege any criminal act by any of these 177 people?”
His question drew an objection from Luce, and Jackson withdrew it.
Johnson ruled that probable cause was sufficient to support Atterbury’s arrest.
The judge lowered his bond to $40,000, but placed Atterbury under the same restrictions, including wearing a GPS ankle monitor, that most of the other bikers have.
Jackson said Atterbury’s family should be able to come up with the $4,000 — or 10 percent of the total bond — to get him released in a couple of days.
Prosecutors have filed a petition to seize and forfeit Atterbury’s 2003 Harley-Davidson motorcycle to the county.
Family members testified Atterbury has no prior criminal record and is needed at home to help support his wife, Diana, who suffered a debilitating leg injury in a motorcycle accident and came to court in a wheelchair.
She testified that her husband is 100 percent disabled after his Army service in the Gulf War.
This is my guesses only, but these bikers are going to be very, very difficult to get to talk. It’s their code, so LE is just letting them cool their heels.
Notice of 177 guys only a few lawyers are really crying, the rest of the guys know they f’ked up by staying there. They are hard core guys if the belong to the bandido or cossack gang(or feeder gang) and a little jail time is no big deal. They may pretend to be everyday businessmen and may not be full time criminals but they are in a hard core biker gang.
If the whole thing is a cop coverup it won’t last much longer. In my opinion however, the bikers really screwed the pooch, and LE is going to use this opportunity to the fullest extent possible.
Any reason no one has been charged with murder? Maybe they were killed? If so, you would think that, by now, Police would have made a statement. Something to the tune of, “3 of the dead were involved in the murder of Joe Smith”.
Is that unreasonable? Heck, 100’s if not thousands of murders yearly have the perps identified. Or at least the suspects. So, what’s different here?
And yea the autopsies were “farmed out”. How long do you think it takes to autopsy 9 bodies? It’s not that “they” are waiting on the results. They are withholding the results.
You are correct. It is a kangaroo Court from the word go.
Really? That is what you call mounting defense against a cookie-cutter pc and excessive bail? Crying?
Really?
And Broden is not the only one. He's just on point. No reason at all to duplicate his efforts and expend resources needlessly.
The state has the right to present its evidence for every individual, so the amount of duplication depends on whether and how the state chooses to group defendants, e.g., on the basis of common evidence.
14 police at the scene, three fire their weapons, a total of 12 times. Doesn’t sound like shooting everybody when they have dozens of rounds left in their guns.
Accomplice
A person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal. An accomplice, unlike an accessory, is typically present when the crime is committed.
If I remember correctly, and I’m sure I do, then the Chief said that “Waco Police fired a total of 12 rounds”. I’m 100% sure, based on Police statements, that a lot more than 12 rds. were fired by Law enforcement.
Facts not in evidence. That is what the cops claim without ONE shred of evidence being released.
That’s probably why only one or two are griping.
So what? Surely you know of the sad history of "this present emergency....". It's what incipient tyranny does. Every time.
I think you may be referring to fake emergencies like the German invasion of Poland, or Gulf of Ton-kin.
To me this doesn’t qualify because the bikers are completely solely responsible for this starting. As for how it ends time will tell.
All 177 of them are responsible for "this starting."? Is that indeed your contention?
Every single one of them?
Because my common sense will not allow me to agree to that.
The claims of the defendants are based on paucity of evidence and insufficiency of the charge, on its face, to support the crime they are alleged to have violated. More than one or two have the claim, because the state didn't follow due process when it composed the charging papers.
Due process includes an obligation to the state, to make specific allegations, not vague ones.
2. It [the complaint] must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.Incarceration of innocent people is a big deal.Texas Criminal Code 15.05
A complaint's purpose is to inform an accused of the facts surrounding the offense charged so he may prepare a defense. See Chapa v. State, 420 S.W.2d 943, 944 (Tex. Crim. App. 1967); Kindley v. State, 879 S.W.2d 261, 263 (Tex. App.--Houston [14th Dist.] 1994, no pet.); Rose, 799 S.W.2d at 384.
Why might a citizen complaint be refused?
Because an accepted complaint results in a criminal accusation, and in any criminal prosecution the State has the burden to prove each element of an offense beyond a reasonable doubt, the prosecutor must determine if there is sufficient evidence to prosecute the crime. That means there must be evidence to support each element of the alleged offense. If any element is lacking sufficient support, no prosecution will be undertaken.
Substitute legitimate gun owner, Christian, Tea Party member, Conservative, Jew, for Motorcycle club member and they would still cheer on, aid and abet, and help the police shove individuals like you and me in the cattle cars when the order comes down to do so.
In Germany in the '30s and early 40s and in Eastern Europe in the early 40s those of their ilk assisted the German police in rounding up and executing the undesirables each time the opportunity arose.
Nothing but anonymous agitators, not worth engaging for any purpose but entertainment, and one ought to avoid that because it just creates more noise in an already noisy environment.
Thanks for the response. Sometimes I get...
” Shoot first “
Bikers say bikers shot first and police responded responsibly.
Bikers on the scene commend the police for their actions.
Peter Graves, Bandidos officer and TCOC president at the Waco shooting, says they respect the police for doing their job.
https://www.youtube.com/watch?v=q_sCRg69TQE
(Big John Snyder, Vice president of the Boozefighters at the Waco shooting) “The police were professional, considering the situation they were in. They were professional and doing their job,” he said.
http://www.latimes.com/nation/nationnow/la-na-nn-waco-biker-20150519-story.html
We have also heard from a biker family member that the police probably saved lives at Waco.
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