The McLennan County grand jury that indicted 106 people in just under ten hours last week used fill in the blanks indictments similar to the fill in the blanks criminal complaints that were used to arrest the defendants in the first place.
The indictments charge at least some of the defendants with murder and assault rather than just the original charge of engaging in organized criminal activity. The indictments name ten murdered persons. Those victims names are: Richard Matthew Jordan II; Jesus Delgado Rodriguez; Charles Wayne Russell; Daniel Raymond Boyett; Wayne Lee Campbell; Jacob Lee Rhyne; Richard Vincent Kirschner, Jr.; Manuel Isaac Rodriguez; Matthew Mark Smith; and William Anderson. Anderson’s name had not been previously associated with the other murder victims.
Defendants are charged in the indictments forms as having murdered or assaulted named victims “and/or” other named victims. Defendants are described as having used a laundry list of weapons such as “knife and/or club and/or whip and/or handgun” etc. The unindividualized nature of the indictments and the haste with which they were returned suggests that prosecutors Abelino “Abel” Reyna, Michael Jarrett and Amanda Dillon considered the indictments to be a pro forma nod to legal convention rather than a genuine attempt to separate criminal actors – if any of the indicted actually acted criminally – from mere bystanders.
The indicted seem to have been capriciously selected from a pool of potential indictees.
For example Kyle Smith, who appeared to be firing a gun during a video that was widely seen on CNN just before the grand jury met, has been indicted. Paul Landers, a member of the Austin Escondido Motorcycle Club was indicted last week but none of his club brothers who were with him that day, including his chapter president, were indicted. Dusty Oehlert, a prospect with the Rebel Riders Motorcycle Club was indicted but none of his club brothers, including his chapter president were. Men who were simply standing in the parking a lot 100 yards from the melee near the Twin Peaks restaurant last May 17 were indicted. Burton George Bergman, who was walking to the nearby Don Carlos restaurant when the shooting started was indicted last week. Clifford Pierce, a Cossacks Motorcycle Club prospect who reportedly sparked the massacre when he tried to stop a Bandidos club officer from parking, was not indicted.
Pierce’s name appears in a sworn statement made November 3 in Houston by an attorney named James C. Winton. Winton represents the Waco Twin Peaks franchise in the five lawsuits that have been filed against that restaurant. In that statement, Winton alleges that “Pierce was not arrested and has simply vanished into thin air – his apartment cleaned out and never seen again. Was this gentleman who was so close to the spark, perhaps even the spark himself, an undercover police officer? Was he a confidential informant? Is he now in a witness protection program? No one knows.”
“We believe,” Winton continues, “that the evidence will show that too many of the dead and injured were hit in the head and upper torso for them to have been shot by bikers using pistols while ducking for cover. We believe that once ballistic reports are released, law enforcement officers will be shown to have played a substantial role in the shooting and causing the melee.”
As of yet, no police officer at the Twin Peaks Massacre has been indicted for his actions.