Police On The Roof

October 26, 2015

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Police On The Roof

A lawsuit filed last week against the owners of the Waco Twin Peaks alleges that before the first shot was fired, “occupied…the rooftop of a neighboring restaurant.”

The suit was filed on behalf of the widow, children and parents of Matthew Mark Smith, a member of the Cossacks Motorcycle Club and a former member of the Scimitars Motorcycle Club. Smith was shot once in the upper right back by a jacketed projectile that left a quarter inch hole. That would be consistent with a projectile fired by an FN P90 or an M16 both of which were carried by police at the scene. That jacketed projectile partially fragmented and  was recovered. It was the shot that killed Smith. It caused his right pleural cavity to fill with about a liter of blood. He was also shot in the lower, lateral abdomen by a projectile that was never recovered but that left a slightly larger hole that would match common pistol rounds.

Smith’s survivors are suing the owners of the Waco Twin Peaks and the Twin Peaks Franchisor which is called Front Burner Restaurants. They are seeking damages of more that $1 million.

Shortly after the massacre, there were unsubstantiated rumors that police had deployed snipers on a neighboring rooftop and fired down into the crowd of bikers in the Twin Peaks parking lot. At a June 12 press conference, Waco Police Chief Brent Stroman said “We did not have snipers or counter-snipers deployed. We did not fire indiscriminately from…uh…into the crowd.”

The suit, filed on behalf of the survivors by Fort Worth lawyers Robert Haslam and Coby L. Wooten, does not substantiate the claim that: “On or about May 17, 2015, the date of the event, local police again attempted to enter the Waco restaurant to ensure the safety of patrons, but management asked them to leave to increase profits and not deter the spending. State and local law enforcement then occupied positions outside of the property, including the rooftop of a neighboring restaurant.”

The Restaurant Did It

The suit also alleges

“In the months leading up to the occurrence in question, prior altercations on ‘Bike Nights’ occurred; and a neighboring restaurant to the Waco Twin Peaks location voiced concerns about the safety of these biker themed events. Twin Peaks knew the danger presented in ‘Bike Nights.’ Twin Peaks agreed to host the May 17, 2015 meeting of the Texas Confederation of Clubs and Independents (a statewide biker club coalition) at its Waco location. And in the weeks leading up to the event, local police warned Twin Peaks against hosting the event.”

“Local police confronted management at the Waco Twin Peaks with the intelligence they had received and their safety concerns about hosting the event, but consistent with prior conduct, Twin Peaks was resistant to the concerns of law enforcement. Approximately seventy two hours before the event, police contacted Twin Peaks’ national headquarters in Dallas with these concerns, and in response Twin Peaks chose to profit from the event.”

But a Texas Department of Public Safety Criminal Investigations Division Investigative Report dated May 18 and written by DPS agent Christopher Frost contradicts many of the allegations in the suit.

According to Frost

Frost mentions two incidents at the Twin Peaks that featured bikers.

“On April 16, 2015 at approximately 8:00 P.M., DPS Texas Highway Patrol Trooper Jeff Wachendorf observed forty to fifty members of the Cossack MC turning into the parking lot of Twin Peaks. Trooper Wachendorf notified the Waco Police Department and the McLennan County Sheriff’s Department who responded and began monitoring the area. No known disturbances occurred.”

A week later, “the Waco Police Department responded to a disturbance at Twin Peaks. This disturbance resulted in the arrest of a Cossacks MC member for unlawfully possessing a handgun on a licensed premise. A bandana containing a padlock was also seized from the same individual during this arrest.”

Frost also reports that he talked to the Twin Peaks General Counsel on May 14. It was the first time any police tried to contact the restaurant chain. That lawyer explained the Waco restaurant was a franchise and promised to have someone from the franchise contact Frost. An hour later the Twin Peaks owner Jay Patel called Frost. “Jay Patel called Special Agent Chris Frost and identified himself as the owner of Twin Peaks in Waco,” Frost reports. “Special Agent Frost explained to Patel that it was DPS CID’S understanding that there was to be a meeting of the Coalition of Clubs on 05-17-15 and asked Patel if the entire Twin Peaks establishment was rented out for this meeting. Patel explained to Special Agent Frost that the Coalition of Clubs had only rented out the patio area of Twin Peaks. Special Agent Frost explained to Patel that there was rising tension between two motorcycle gangs that could possibly both be in attendance at this meeting. Patel explained to Special Agent Frost that Patel was told to expect approximately four hundred (400) bikes and due to this Twin Peaks had hired three security guards. Special Agent Frost advised Patel to call Special Agent Frost if any threats are received or heard of by Twin Peaks.”

Frost’s report indicates that police were most interested in knowing whether the whole restaurant had been rented to the visiting bikers. “Once information was confirmed that only the patio was rented and the main portion of the restaurant would be open to the public, a decision was made to have Special Agents working in undercover capacity to be inside the restaurant. These Special Agents would be inside the restaurant to conduct surveillance and gather intelligence from inside the restaurant.”

Frost states that DPS decided on the morning of May 17, “not to send undercover Special Agents into the restaurant. A decision was made for Special Agents to pair up to conduct surveillance of the area and gather intelligence.”


27 Responses to “Police On The Roof”

  1. RoadBlock Says:

    It seems the Waco cops have been watching too many Sons of Anarchy and Gangland segments. They believe both reality and such stupidity convinced them. They could control and make a movie by setting up a confrontation between two real clubs.
    These want-to-be movie makers had the cameras set up long before time for the COC meeting. That in itself proves beyond a reasonable doubt they are guilty of inciting violence, murder and mayhem. The final proof is the number of lies told in the different press releases. BUT Oh Yeah I forgot lying is only a crime if a citizen does it. Right?

  2. david Says:

    Prior to the existence of both the FBI and BATF, The Secret Service used undercovers to set up counterfeiters, let them get arrested to maintain their cover, then Washington would get them released. Old format used today.

    “In fact, it had ALWAYS been ‘Secret Service policy’ that undercover agents would take an arrest and maintain their cover until Wash. could contact the local authorities and ‘gain their release'”. From p.70 of “The Secret Life Of Houdini” by Kabush and Sloman.

  3. FXRNIT Says:

    To Bone Head
    Once again, we agree.!
    You are right in saying that even tho
    We will prevail & win, Waco will appeal
    & appeal & appeal. And any damages
    ($) that will be won, won’t be seen for years.
    I hope every single person who sues ,
    Does as you say, and has their heirs somehow
    Tied to any awards the jury sees fit.
    It WILL BE years before this is settled…
    Thanks rebel for allowing these and other
    Comments. Thanks to those who keep the faith
    And not walk away,thanks to those who keep
    Digging and fighting.
    Truth is like buried bones…. Eventually
    Is rises for all to see.!!!

  4. david Says:

    More info. on the Missing Cossack, please.

  5. Mike Smith Says:

    The ATF and the DPS engineered the meeting moved to Waco because they could control Waco in every way. From the cops to the press. These LEO’s wanted a fantastic riot to erupt. To that end they sent in their Undercovers and their CI’s and the rank and file Cossacks. They got them all janked up and ready for a brawl.
    Then something went horribly wrong. Something triggered the first gun shot. No pun intended. After that first gun shot the snipers started firing and then the rank and file cops started shooting. The entire place descended into a hell on earth.
    Each one of those undercover agents and rats were identified beforehand. Each Undercover had at least one sniper assigned to protect him. Each Undercover wore some kind of easily identified clothing to distinguish him from the crowd.
    We now that the eye witnesses with combat experience identified no more than three handgun rounds going off. Then the fusillade of suppressed long guns.
    Now we know who the three men wounded by handgun fire were.
    IMHO the first to get shot was the Bandido that the Waco PD falsely claims evaded arrest at the scene. He must’ve seen who shot him. He is seen at the scene being treated/questioned in one of the after incident photos.
    Since the ATF confirmed where the COC&I had reserved seating, they put up a special camera in that area. A “Pole” or “Drop” camera, that gave them a very clear view of who shot who first. IMHO after seeing that footage, they realized that the Bandido could identify who shot him. So they released him from the hospital so that he would never have occasion to participate in the trial process. Once he was killed in an MVA the Waco PD woke up and demanded the bullet out of his arm, lest the defense attorneys got it.
    The next is another Bandido that could not identify who shot him. Again looking at the video the LEO’s could have confidence that he could not identify who shot him and arrested him.
    The last was either Mark Smith or the “Missing Cossack.” The missing Cossack could be none other than one of the three Undercover ATF Agents.

    One of the defense lawyers said that he had seen enough video to conclude that there was no one left alive that could be charged with murder? That is of those arrested.

    The Missing Cossack is the line that has not been developed yet and it will tell a greater tale than any other.

    Somewhere there is a very seriously wounded ATF agent that is being hid out. He won’t stay hid out forever.

    All of this makes that short story on Amazon look more and more like the real truth, everyday.

  6. James Crawford Says:

    Aside from the police, the real culprits who should be sued are the owners of firebase Don Carlos who allowed police snipers to use their rooftop for an ambush.

  7. Shyster Says:

    T Hell and Meh,

    Very well said. The lawyers just brought out the lube. This is just foreplay. Waco will get fucked.


  8. Bone Head Says:

    FXRNIT Says:

    To Bone Head
    I hear what your saying, but telling
    Someone who’s lost their job & has
    Children to feed, can’t get hired any-
    place else ( because of these Waco LE
    Dickwarts )… “Money isn’t everything”.
    Well, that’s more than irritating.

    You’re right. Those men deserve to be able to take care of their wives and kids. But the sad truth is even if they are awarded a judgment in an initial trial, Waco will appeal…and appeal again…appeals that will take years and years. I would want my heirs made party to such a suit if possible, for I might not be around to turn and hand it to them.

    I understand more than I want to. And that discussion doesn’t belong in this thread.


  9. FXRNIT Says:

    To Bone Head
    I hear what your saying, but telling
    Someone who’s lost their job & has
    Children to feed, can’t get hired any-
    place else ( because of these Waco LE
    Dickwarts )… “Money isn’t everything”.
    Well, that’s more than irritating.
    I get what your saying man, but put yourself
    In their place. That’s sort of like telling a crippled
    Man to “Walk it Off”.
    Make no mistake….. This isn’t
    About revenge.. It’s a RECKONING.!!!!
    And we are in agreement about
    Those that caused this horseshit to feel the
    Pain of their acts.
    That’ll happen when ALL of the LE FUCKWADS
    involved are looking in a commissary mirror
    And using skittles & kool-aid for make up
    Before their “dates” in the penitentiary.!!!!

  10. Bone Head Says:

    A huge award from a lawsuit is nice, but money is not everything in life. Personally, I’d like to see all of Waco’s asshats get humiliated, broke down under an independent watchdog group, and generally blackballed by their political and fellow cops for lifting their skirts. After all, they deserve some (actually a lot) of mental anguish too.


  11. FXRNIT Says:

    and if Tejas fuckin law prohibits me
    From suing for the same amount as
    A Bond amount was set……
    Then me thinks some other issues
    May need discussed with some state
    Representatives , besides helmet laws
    & lane splitting.
    Sue those Wacko bastards, their friends,
    Their cohorts, Steve “No nuts” Cook,
    AND their dogs.!!

  12. FXRNIT Says:

    HELL F_ _KIN YEAH , it’s too low.
    What stupid ass would sue for the
    same amount That it costs to BAIL
    Are you FUCKING kidding me!?!?!

  13. popeye Says:

    Only person who gets rich in a class action suit is the lawyers

  14. blacksmith Says:

    Thistle is correct, 1 million is way too low.
    I dont know much on Law, but it seems to me Texas has some bullshit law about how much money a person can sue for.
    Maybe its only a cap on product liability?
    Not sure, but either way 1 million is too low.

  15. Thistle Says:

    Every man and woman who was arrested that day needs to file similar suits. One million is too low unless they are looking at a jury trial. In that case, they stand to make much more. What happened at Waco must be excised, exposed, and exampled to prevent future instances from happening elsewhere. “Broke ass bikers” will find a lot of lawyers willing to cash in on a class action settlement. Since when do you need money to retain a lawyer in a lawsuit that could make them hundreds of thousands (if not millions).

  16. Tooj Says:

    Simple flanking action and I hope it provides the defendants with the monetary muscle to take on Reynaville.

  17. Meh Says:

    T Hell nailed it. Pork is powerful but the US is a corporate state to which pork are purely servants. The donut hunters can pretend what they will, but they are owned.

  18. Jim666 Says:

    shit sorry both had different headlined now say the same thing also I read two different stories maybe i my computer didn’t pick up the last one and posted this one twice apologies Rebel for wasting bandwidth. maybe after work I can find the other article and try it again
    Have a safe and great day all watch those wet falling leaves its like ice on that front tire

  19. Jim666 Says:

    not sure if anyone has posted this i’m a little behind on the times lately between real life among a few other things but found this this morning
    link below


  20. shaggy Says:

    what makes me curious about this lawsuit is the end result…meaning is this going to be the justification for those businesses to no longer allow colors or host coc meetings. seems like we all loose in the long run. as I said just curious.

  21. Gandalf Says:

    BTW All this talk from LE saying they knew the 2 clubs were “violent” and at war with each other is going to come back to haunt them when it comes out that LE encouraged them to crash the Meeting “to make Peace.” THAT’S why you hear people saying it was “a set up.”

  22. Gandalf Says:

    I’m thinking any and all Lawsuits filed on behalf of the dead and wounded are good no matter who they target. It makes sense to target TP only because LE makes for good witnesses and are on record lieing. Good Lawyers play chess and this suit could very well be a Chess move. A suit against LE would be very weak without knowing who shot who and without video. It’s these kind of suits that will compel discovery of the video ect. I’m thinking all 9 (minimum) should have already had suits filed against TP. Not because I think they did anything wrong but because they will force discovery. The falsely arrested have to wait until more evidence is out. A Checker player might see a greedy Plaintiff but a Chess player might see a move against LE.

  23. EC Vagos Says:

    It seems to me like they bought into the wrong narrative. This suit assumes that what the Liars say is true and the restaurant is to blame. It is evident that most of the LE statements are complete fabrications and bikers were profiled and targeted.
    As said, It may force out some truths, but the suit is aimed in the wrong direction.

    Respect to AR and the regulars who make this site possible. I don’t often comment, but have been an avid reader for years.

  24. Paladin Says:

    “Frost’s report indicates that police were most interested in knowing whether the whole restaurant had been rented to the visiting bikers. “Once information was confirmed that only the patio was rented and the main portion of the restaurant would be open to the public, a decision was made to have Special Agents working in undercover capacity to be inside the restaurant. These Special Agents would be inside the restaurant to conduct surveillance and gather intelligence from inside the restaurant.”

    The interest regarding how much of Twin Peaks was to occupied by the CoC may have been purely Tactical in nature. It would be interesting to know if any projectiles were fired into the main restaurant area or were they confined to the patio and parking area only?

    If one is going to launch an intelligence gathering mission, it’s always helpful to have one’s intelligence gathers close to those dispensing the intelligence one hopes to gather. The patio (by definition) is outside while the main area of the restaurant (by definition) is inside. Unless all your “intelligence gathers” are stacked, scantly clad waitresses (it’s called Twin Peaks for a reason), you’re not going to gather much of anything from inside the restaurant’s main area. A floor plan of the restaurant will or won’t confirm this.

    Frost’s report begs the question: Why was the plan to have UCs in the restaurant dumped at the last minute? What caused that plan to change? Were the cops expecting or planing to instigate a gunfight? Way too many questions, too few answers.

    Long May You Ride (to those that deserve to),


  25. T Hell Says:

    This lawsuit could be a stroke of good luck consider the ramifications that will transpire because of it, Reyna and his band of criminal civil servants have no problem gagging, delaying and ignoring a bunch of broke ass bikers, suddenly now with a million dollars on the line the Front Burner Corporation and their high priced mouthpieces are going to start demanding answers….


  1. A lawsuit filed last week against the owners of the Waco Twin Peaks - October 28, 2015

    […] which is called Front Burner Restaurants. They are seeking damages of more that $1 million. Police On The Roof | The Aging Rebel Reply With […]

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