TEXAS LAWSUITS Six Bikers Arrested in Twin Peaks Shootout Are Suing Waco Police

They claim their civil rights were violated.

The May motorcycle gang parking lot shootout at a Twin Peaks restaurant in Waco, Texas led to nine deaths, nearly 200 arrests, and a growing number of lawsuits. The latest? Six bikers indicted on first-degree felony charges of engaging in organized criminal activity have now filed federal lawsuits against local authorities, according to the Waco-Tribune Herald. The bikers are seeking damages, claiming their civil rights were violated when they were falsely arrested and denied due process. Similar lawsuits are expected to follow from others held in the wake of the shootout.

Matthew Clendennen, Robert Bucy, George Bergman, Noe Adame, Jorge Salinas, and John Vensel are plaintiffs seeking damages in the case, which names as defendants McLennan County District Attorney Abel Reyna, Waco Police Chief Brent Stroman, Waco police detective Manuel Chavez "and a Texas Department of Public Safety trooper referred to in the lawsuit as 'John Doe,'" the Waco-Tribune Herald notes.

Among the allegations made in the lawsuit are that none of the plaintiffs are members of criminal gangs, that police displayed legally-held knives and guns to create a false narrative of outlaw motorcycle gangs battling, and that "authorities violated [the plaintiffs'] constitutional rights by using 'identical fill-in-the-name affidavits,'" reports news station WFAA 8. The suit also makes the claim that "As the gunfire erupted, video evidence conclusively proves that the vast majority of the individuals present did not participate in any violent activity but instead ran away from the gunfire or ducked for cover," a claim you can evaluate for yourself in security camera footage from the restaurant.

The widow of a biker killed in the battle is already suing Twin Peaks' parent company for negligence in allowing rival gangs to congregate outside its restaurant despite warnings from police. The parent company, on the other hand, filed suit against the Waco operators, who shuttered the restaurant following the shootout; two customers are also suing the operators for negligence. Autopsy and ballistic reports suggesting which individuals were directly responsible for each of the deaths have not yet been released to the public.

Waco Biker Justice - Civil Cases Being Filed Against City of Waco

Taken from WacoBikerJustice.com

Amendment IV to the United States Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Clint Broden

Clint Broden and the firm of Broden, Mickelsen, Helms & Snipes, LLP have been active in their defense of one of the motorcyclists arrested in Waco, Texas on May 17, 2015 based on a fill-in-the-name criminal complaint and his subsequent detention on $1,000,000 bond set by a non-lawyer Justice of the Peace in order that the Justice of the Peace could “send a message.” Broden, Mickelsen, Helms & Snipes, LLP has also been critical of the lack of transparency in the case and the idea that a Waco police detective could fairly serve as the foreman of the grand jury considering the case. Broden, Mickelsen, Helms & Snipes, LLPwere the first lawyers to obtain the surveillance video from both Twin Peaks and Don Carlos and the only firm to have the Justice of the Peace disqualified from hearing their client’s case. Since that time, a gag order has been entered against Clint Broden and the firm and that gag order is currently being challenged in the Waco Court of Appeals.

Don Tittle

Don Tittle is an experienced civil rights attorney who has a long history of holding police officers, police departments and municipalities responsible for civil rights violations. In fact, Don has achieved several million dollar verdicts in civil rights cases. For individuals who have been abused by the police Don’s firm has worked tirelessly to pursue justice, hold violators accountable, and to effectuate positive changes in the community.

Since 2010, Don has had five cases among Texas Lawyer’s annual list of Top Texas Verdicts & Settlements. Like Clint, Don has been named Top 100 trial lawyers by National Trial Lawyers.

The Team

Clint Broden and his firm have now joined forces with Don Tittle and his firm to represent motorcyclists whose civil rights were violated in connection with the Twin Peaks incident in Waco, Texas on May 17, 2015. With Clint’s firm grasp of factual background of the case and the legal intricacies involved in the criminal aspect of the case and Don’s track record of success in civil right litigation, the two firms will team up as a formidable force and hold those responsible for the wholesale violations of civil rights accountable.

It is our current plan to file individual civil rights cases. Some have asked about a class action, but, in our opinion that is inadvisable for several reasons not the least of which it is often only the lawyers who profit from class actions. We explain this further on the FAQ page.

If you believe your civil rights were violated as a result of actions by law enforcement officials on May 17, 2015 in connection with the Twin Peaks incident, please contact us immediately for a free evaluation of your case.

First they came for the Socialists, and I did not speak out— Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out— Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out— Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

-Pastor Martin Niemöller

Published on October 2nd, 2015 | by David "Double D" Devereaux

The TRUTH About Outlaw Motorcycle Clubs

The truth. The truth about outlaw motorcycle clubs. Not the version you see on TV. It’s not Sons of Absurdity or Gangland. It’s not rape, pillage, and organized crime. But it’s not the church choir or the Boy Scouts either. The truth is that self-identified outlaw motorcycle clubs are rebellious, anti-establishment, and very critical of law enforcement and government abuses of discretion.

Motorcycle clubs are also genuinely dedicated to charity and fundraising for bikers in need. The entire culture is based on the concepts of loyalty, honor, and respect. But make no mistake. Do not take kindness for weakness. Verbal disrespect will not get you shot, stabbed, or killed. That would require a physical threat to person or loved one and most likely in self defense. However, getting smacked for running your mouth is not outside the realm of possibility.

Motorcycle club culture has been heavily influenced by veterans returning from war. World War II veterans first. Then the explosion of clubs following Vietnam solidified outlaw motorcycle club’s as part of American culture. Rebellious and looking for acceptance not given by a post-Vietnam America, veterans formed motorcycle clubs that created an environment of brotherhood and support outside of mainstream society. Clubs embraced the outlaw mythology and the role of anti-establishment rebels.

Equating the term “outlaw” with “criminal” is purely a law enforcement conception embraced by a sensationalized media. Reality does not justify the claim. Sure there are criminals and felons in some motorcycle clubs. But no more so than law enforcement or most other large communities.

In fact, more police officers are charged and convicted of felonies every year than members of outlaw motorcycle clubs. And members of outlaw motorcycle clubs have been heavily involved in the grassroots rights movement concerning civil liberties ranging from helmet choice to profiling.

The courts, at least many outside of Texas, do not agree with law enforcement. Attempts to equate membership with criminality or reasonable suspicion of criminality have been rejected. Motorcycle clubs and their colors, including 1% or outlaw clubs, are forms of expression and association that are explicitly protected by the 1st Amendment to the U.S. Constitution. (see How Waco Is Being Used To Decimate The 1st Amendment JUNE 26, 2015 )

Many state legislators do not agree with law enforcement. The movement to end motorcycle profiling has been gaining momentum and is law in Washington State. Anti-Profiling legislation unanimously passed the Maryland Senate in 2015. Nearly 20 states have passed laws or judicially determined that motorcycle only checkpoints amount to illegal campaigns of selective enforcement. Legislators are beginning to see through the propaganda and place checks on law enforcement policies driven by discrimination. (see About The Motorcycle Profiling Project)

The reason the courts and many legislators disagree with law enforcement relates to the idea of freedom of expression in a free society. Individuals should be judged by their own actions, not the actions of others merely based on an association with that person. Individuals should not be targeted merely because of their appearance or membership in any organization. Remember McCarthyism? No individual should be the target of law enforcement actions absent particularized reasonable suspicion or probable cause based on behavior, not appearance.

And who objects to every single one of these protections for motorcyclists? The law enforcement lobby does. Every single time. Law enforcement is programmed to reject every criticism of law enforcement policy and procedure. Authorities have fully embraced a skewed narrative defining motorcycle clubs as criminal. But the legislative and judicial branches have thus far rejected these broad assessments of an entire class of people.

Outlaw motorcycle clubs are no more criminals than other historical groups fighting government discrimination and policies of oppression. Patriots were considered outlaws. Many civil rights groups in the past were considered outlaws. Many current civil rights groups are considered outlaws. Peacefully demonstrating environmentalists are considered outlaws. Many have described Jesus as an outlaw. Ghandi was an outlaw.

I am NOT saying that bikers rise to the historical level of importance of any of these examples. I am saying that the outlaw label has historically been applied to, and embraced by, many people fighting against discrimination and law enforcement abuse.

Any socially or politically active group opposed to law enforcement policies becomes a target. Oppositional groups are labeled criminals in an attempt to discredit and dismantle them while the general public does nothing. This is their job. The job of maintaining the status quo and enforcing the policies of government.

Loyalty, honor, respect. A love for riding motorcycles. A passion for a free society where you are judged by your actions, not your appearance. The desire to be left alone and not be harassed. This includes the self-respect to stand your ground and not allow anyone to abuse or disrespect your person. True, most people in mainstream society will tolerate more from others. But no one cares more about the concepts of freedom and honor than an outlaw biker.

That’s the truth.




About the Author

David "Double D" Devereaux is the Spokesperson for the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.

Twin Peaks biker attorneys decry grand jury proceedings

Twin Peaks biker attorneys decry grand jury proceedings

twitherspoon@wacotrib.com | Posted 3 hours ago

The day after 106 bikers were indicted for their alleged roles in the May 17 Twin Peaks shootout, attorneys for the bikers continue to express shock and amazement at how the complex cases are being handled.

The attorneys questioned how much individual attention each case could have been afforded when so many indictments were handed down in the nine-hour grand jury session Tuesday.

“They are practicing law in a way that is unique to McLennan County,” said Houston attorney Paul Looney. “Nobody else in Texas treats people the way they are treating people. All these fill-in-the-blank charging affidavits and indictments. That is an outrage. These people are entitled to be treated individually, whether they are being arrested and booked or making bonds. They are also entitled to individual assessment when they are going before a grand jury.”

A McLennan County grand jury returned 106 indictments Tuesday in the 106 cases that District Attorney Abel Reyna said he and his staff presented. Of those, nine indictments were sealed because the defendants have not been arrested. That leaves 80 cases that were not considered by the grand jury that Reyna promised Tuesday would be considered by the panel “in some form or fashion.”

All bikers indicted Tuesday were charged in first-degree felony engaging in organized criminal activity indictments, with the underlying charges of murder and assault. Since the mass arrests of the bikers, attorneys have criticized what some have called the “cookie-cutter” arrest warrant affidavits and decried that each biker was jailed under identical allegations despite their actions that day. The indictments match the affidavits, they say, in the sense that they are identical except the name of the biker is different at the top.

“I can’t believe the grand jury looked at those facts and came up with identical facts for everybody,” said Looney, whose client, Cody Ledbetter, of Waco, was indicted Tuesday. “If I take them at their word and they worked for nine hours, if nobody got up to pee, that means they spent five minutes on each one of these cases. If they are going to put these people in this position, make them squander their life savings, ruin their lives and tear families apart, they should be looking at all of these individually. Spending five minutes or less is just totally disrespectful.”

Typically, an average grand jury session lasts about six hours, and the panel returns about 90 indictments twice a month.

Looney also represents a married couple from Brenham, William and Morgan English, who were not indicted Tuesday.

“From the very first minute, I never expected they would indict the Englishes,” Looney said. “Nobody can say with a straight face that the Englishes were party to anything. It was bizarre they even got arrested.”

William Aikin, of Talco in northeast Texas, was the first named on the indictment list. His attorney, Robert Callahan, said he was not shocked that all 106 indictments were identical, like the arrest affidavits.

“Unfortunately, it doesn’t surprise me,” Callahan said. “That is a consistent theme in this case.”

Callahan, a former prosecutor who ran a write-in campaign against Reyna last year, also noted that the grand jury spent an average of about five minutes evaluating each case.

“There are only two possibilities,” Callahan said. “The first possibility is that for the most complicated cases of this office’s tenure, he spent five minutes presenting each case. Or what is more likely, he just presented all those cases in bulk, with no individualized presentation of each case for each defendant. That is sad and unfortunate. That is not how it is supposed to work. There is supposed to be a critical, deliberate, methodical presentation of each case.”

San Antonio attorney Jay Norton represents Bandidos John Guerrero, Joseph Ortiz, Richard Donias, Lawrence Garcia, Juventino Montellano and Tom Mendez, all from San Antonio. Norton said he was “quite frankly shocked and surprised” by Tuesday’s grand jury process.

“I just thought they would be wiser and deal with reality,” Norton said. “I can only suppose that the only reason the other 80 people were not indicted is because they just didn’t get to them. But I can’t imagine they did any individual presentations on each individual defendant. I don’t buy the theory of the prosecution.”

Clint Broden, who represents indicted Hewitt biker Matthew Clendennen, said he could not discuss the matter because of a gag order 54th State District Judge Matt Johnson imposed solely in Clendennen’s case.

“Unlike Mr. Reyna, I believe I must follow the gag order that his office requested Judge Johnson to enter,” Broden said in a statement. “This gag order makes it difficult to respond to Mr. Reyna’s press conference as I am prohibited from discussing the case and can only discuss the gag order itself.”

In response to Reyna’s speaking to the media Tuesday night about the results of the grand jury’s work, Broden filed another brief Wednesday with the Texas Court of Criminal Appeals asking it to vacate its stay on a 10th Court of Appeals order lifting the gag order.

Broden argues in the supplemental brief that Reyna can’t in good faith appeal the 10th Court’s decision while he “continues to violate the very gag order he is asking this court to uphold.”

Broden’s motion charges that in the days following the May 17 shootout, Reyna and “other state actors engaged in an unrelenting campaign using world-wide media outlets which was designed to scare the public with pictures of roving ‘biker gangs.’”

Once Reyna accomplished that task, he sought the gag order, Broden alleges in his brief.

Broden previously has alleged in court briefs that Reyna has “unclean hands,” meaning he can’t appeal the order lifting the gag order while violating it.

“Perhaps emboldened by the court ‘declining to act’ in the past, (Reyna) has now moved on to giving press conferences about the case,” Broden wrote in his brief.

Reyna did not return a phone call seeking comment Wednesday.

Published on November 11th, 2015 | by David "Double D" Devereaux

1

Understanding The Waco Grand Jury Indictments- Does The 1st Amendment Exist in Texas?

The Waco Grand Jury indictments on 106 individuals for engaging in organized crime are not convictions. The Grand Jury only determines whether the prosecutor has sufficient evidence to indict. The Grand Jury only hears from the prosecutor, no defense attorneys are allowed, and does not make a determination on guilt. As examining trials made clear, the basis of the prosecutor’s argument in many of these case relies solely on an individual’s association with a motorcycle club that that had members accused of committing a crime on May 17th.

These indictments based solely on association, particularly the cases where the prosecutor admits that there is no evidence that the individual participated in any crime or violence, flies in the face of recent Federal Court precedent.  Those associated with motorcycle clubs are protected against government impositions based solely on membership in an organization that the government has labeled a gang or criminal organization.

Although the Grand Jury is not open to the public, or even to defense attorneys, past examining trials challenging the probable cause of the initial arrests reveal that mere association with a club labeled a criminal organization has been the basis of the prosecution’s theory for many of the accused. It is very reasonable to assume that many of the 106 indictments handed down by the Waco Grand Jury are based on nothing more than association.

The ability to challenge the prosecution’s theory should become more balanced during an actual criminal trial because the standard of proof is much higher. Although I agree with many that are concerned about the seemingly broken Waco criminal justice system, recent Federal decisions seem to say that the underlying assumptions of an indictment based solely on association are unconstitutional.

A US District Court this past September, relying on Supreme Court precedent, concluded that the government may not impose restrictions on an individual solely because of their membership in a motorcycle club, including a 1% club, that the government labels as a gang or criminal organization. The criminal activity of others does not justify denying rights and privileges solely because of association with an unpopular organization.

COLES v. CARLINI, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, Civil No. 10-6132 OPINION, 9/30/2015, p.28:

“Defendants have pointed to no evidence that by merely wearing Pagan’s “colors,” Plaintiff was involved in or associated with the alleged violent or criminal activity of other Pagan’s members. It is a fundamental principle that the government may not impose restrictions on an individual “merely because an individual belong[s] to a group, some members of which committed acts of violence.” In fact, the Supreme Court has long “disapproved governmental action . . . denying rights and privileges solely because of a citizen’s association with an unpopular organization.”  – Healy v. James, 408 U.S. 169, 185-86 (1972).

The decision by the Waco Grand Jury comes as no surprise to many considering the obviously over-broad arrests, excessive bail, and unsuccessful challenges to probable cause during examining trials. And it will not be a surprise if the Grand Jury hands down indictments on the remaining individuals whose cases have not been presented for indictment.

It seems obvious to most that an overly-broad indictment affords the prosecution the ability to offer plea agreements to individuals that committed no actual crime. This achieves two goals of the prosecution. First, plea deals shield future lawsuits over due process and issues like probable cause. Second, mass indictments increase the probability that pressure will result in individuals providing witness testimony to help convict others.

For example, Alex Hernandez who writes the mcatty.com blog states:

“From here, as I have mentioned many times before, the game of law begins. With the indictments returned for engaging in organized crime with underlying offenses of murder and assault, this is no different than buying a car. Start high and work your way down. Think about it: you are facing organized crime charges, your attorney is asking you for money you do not have, and there is a good chance you will spend the rest of your life in prison if you lose at trial. As plea negotiations take place and 90% of cases are worked out with a plea, the State Attorney’s Office makes you an offer for a lesser offense. Maybe credit for time served or extended probation. What do you do? Chances are you take the plea and try somehow, to move on with your life. Of course, once you take the plea, there goes the civil rights violation lawsuit and the city of Waco lives to see another day.”

As much of the motorcycling community across America watches events in Waco unfold, we can only hope that the criminal justice system in Waco begins to recognize the existence of the 1st Amendment to the US Constitution and that innocent individuals are able to persevere and preserve their ability to seek civil lawsuits for the obviously unconstitutional actions of law enforcement in Waco.

About the Author

David "Double D" Devereaux is the Spokesperson for the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.

STEVE JOBS LAST WORDS

                

I reached the pinnacle of success in the business world.

In others’ eyes, my life is an epitome of success.

However, aside from work, I have little joy. In the end, wealth is only a fact of life that I am accustomed to.

At this moment, lying on the sick bed and recalling my whole life, I realize that all the recognition and wealth that I took so much pride in, have paled and become meaningless in the face of impending death.

In the darkness, I look at the green lights from the life supporting machines and hear the humming mechanical sounds, I can feel the breath of God and of death drawing closer…

Now I know, when we have accumulated sufficient wealth to last our lifetime, we should pursue other matters that are unrelated to wealth…

Should be something that is more important:

Perhaps relationships, perhaps art, perhaps a dream from younger days ...

Non-stop pursuing of wealth will only turn a person into a twisted being, just like me.

God gave us the senses to let us feel the love in everyone’s heart, not the illusions brought about by wealth.

The wealth I have won in my life I cannot bring with me.

What I can bring is only the memories precipitated by love.

That’s the true riches which will follow you, accompany you, giving you strength and light to go on.

Love can travel a thousand miles. Life has no limit. Go where you want to go. Reach the height you want to reach. It is all in your heart and in your hands.

What is the most expensive bed in the world? - "Sick bed" …

You can employ someone to drive the car for you, make money for you but you cannot have someone to bear the sickness for you.

Material things lost can be found. But there is one thing that can never be found when it is lost – "Life".

When a person goes into the operating room, he will realize that there is one book that he has yet to finish reading – "Book of Healthy Life".

Whichever stage in life we are at right now, with time, we will face the day when the curtain comes down.

Treasure Love for your family, love for your spouse, love for your friends...

Treat yourself well. 

Cherish others.

Choices

Character cannot be developed in ease and quiet. Only through experience of trial and suffering can the soul be strengthened, ambition inspired, and success achieved.

— Helen Keller

I believe in courage — I believe it to be a main characteristic in order to achieve great things. So often we are discouraged because of fear, whether it’s a physical or emotional kind of fear, fear sets us back. Worst of all it’s an opportunity missed. Your choices in life should come from freedom and fear is the opposite of freedom. In fact, the word ‘afraid’ comes from ‘a’ meaning the opposite and the french root ‘frai’ which means ‘free.’

As a kid, I thought courage only came at a time of strength — but as an adult I understand that courage happens at your weakest times.

Fuck Fear!!

Our choices affect everybody around us...

NO COLORS ALLOWED?!?

While I respect the right of an establishment to "police" their patrons, I also feel that "No Colors" policies are at their core discriminatory. The right of a private establishment to enforce a dress code has been addressed numerous times over the years. Most cases of discrimination brought as a result of "No Colors" policies have been filed under the Civil rights Act (42 USC, section1983). You can read the legal gobbledy goop of you wish, but my take on it is that you cannot deny a person rights which are guaranteed under the Bill of Rights, specifically rights guaranteed under the 1st Amendment (freedom of speech and association) and the 14th Amendment (equal protection under the law).

I think the issue becomes cloudy when you try to balance a private entity's right to service against a person's right to wear what they want and associate with whom they wish to associate. The right to open carry is a similar issue. Something like 33 states allow their citizens the right to carry a firearm "in the open" (strapped in a holster on their side, etc.). HOWEVER, establishments have the right to deny entry to patrons who are carrying a weapon. Are the people exercising their Second Amendment right to keep and bear arms being discriminated against because they can carry their weapon up to the door of an establishment but are barred from entry? I think so, but who am I?

What are your thoughts??

Comment below!!