Fill In The Blanks Indictments

November 16, 2015

All Posts, News

Fill In The Blanks Indictments

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.

Whimsical Indictments

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.


55 Responses to “Fill In The Blanks Indictments”

  1. Rebel Says:

    Dear CallingBS,

    Lawrence is it? Fuck you. Read the story again. Fucking trolls. I am not responsible for every fucking thing some lawyers says. I just report it. Classic Crybully. I should know better. What are you, one of those US Defenders assholes?


  2. nameless Says:

    xyz Says:
    November 16, 2015 at 5:44 pm
    Who is the former Bandido that became a Cossacks prospect?

    The other way around. Former Cossack, Red & Gold Prospect, now Full Patch.

  3. xyz Says:

    Scootertrammp wrote:



    Scootertramp – no disrespect was intended towards you, or anyone else, or any group.

    This is why I asked the question:

    Start listening at about 3:00:

    And it probably would be helpful to listen from the beginning to understand the context.

    It is also mentioned in the article here:

    Again, no disrespect intended.

  4. old & stoned Says:

    if i was Blk & Gold, i’d be going through everything to ID every patch at TP, and more important, ID every B&G involved in ANY prior skirmishes / confrontations with CoCI clubs, no matter how small.

    prosecution is trying to paint the R&G as ‘heavies’ here, when there is very likely evidence of B&G strong-arming CoC clubs to quit prior to TP, and probably by UC wacko pd’s.

    Waco PD used the B&G to ambush the R&G. then shot ’em dead.

    interestingly ironic factoid – ‘cossacks’ have historically been used as the ‘dirty hands’ of Gov’t.

  5. Gandalf Says:

    Peachy said, “When Cossacks say they were set up, they do not mean by bikers. They mean by le.” Exactly. Cossacks need to get a little payback from LE and testify who amongst them were (or might have been) LE. They are the only ones with that info…so far. The VERY SECOND LE is confirmed inside TPs the Civil case becomes VERY strong. Negligence.

  6. cboldt Says:

    rojas – the “continuing course of criminal activity” element is suppoosedly met by being a member or supporter of Cossacks or Bandidos.

  7. cboldt Says:

    Simply showing up at the scene with “your group” is a felony if the state and the courts say it is.
    I think plenty of what courts do is illogical – but that’s government for ya’.
    Gandalf’s earlier example about football fans showing up at the opponent’s stadium is a good one. Our use fraternities and sororities (and underage drinking, or smoking the devil weed), and an aggressive DA can drum up all sorts of business for his crony judges and prison owner/operators.

  8. cboldt Says:

    The opinion in the Pilkington habeas decision was designed to allow the accusation to move forward, that is, that the accusation contained probable cause. Two out of three judges agree. I suspect the decision would have come out the other way if the number of accused was one or two. The bigger the screw up, well, bad cases make bad law. Judges love doing that.
    One thing about these cases, pretty much everybody agrees on what the evidence is. The issue is whether or not that evidence amounts to commission of a crime. At any rate, aside from these cases, the amount of evidence for probable cause is much less than that for conviction.
    Oh, another thing – there is a massive disconnect between the Pilkington habeas decision, and the indictments. The Pilkington decision says there is NO accusation of use of force (” Plainly, the affidavit does not allege that Pilkington or Weathers committed one of the underlying offenses of capital murder, murder, or aggravated assault”), only an accusation of conspiracy – and that conspiracy can be inferred from mere presence plus club membership plus lots of weapons plus violence.
    The primary function of the Pilkington habeas decision is an attempt to block civil suits based on arrest without probable cause.

  9. old & stoned Says:

    Most important to the conspiracy theory is proof of “criminal intent”, the only even slightly aggressive behavior / intent was the cossacks, and there should be enough evidence surfacing to PROVE Waco pd / dps put the pot on ‘boil’. wouldn’t doubt it was “officer from another agency” (like the bulletins on the dispatch tape) that called the cossacks and invited them

  10. rojas Says:


    In review of Pilkington’s Habeas petition at least two out of three of the appeals court judges found that simply going to Twin Peaks that day could satisfy the completion of the “overt act” requirement of Conspiracy to commit the predicate offense. Chief Justice Gray dissented but did not enter a written opinion. I’d note that the review was probable cause for arrest with a “Highly Deferential” standard.

    The conspiracy statute states “An agreement constituting conspiring to commit may be inferred from the acts of the parties.”

    I think it has been apparent that they were going to use the law of parties to try to establish culpability for the predicate offence. I believe Jarrett used language from the Chapter 7 early on. Perhaps it was one of the bond hearings.

    I really have no idea if this development is good or bad for those indicted. I do know this statute has been abused and there have been some absurd results.

    Simply showing up at the scene is not a felony. Is it a show of force, solidarity or simply going to a meeting?

    I have yet to see any evidence submitted of any these individuals being engaged in a continuing course of criminal activity.

  11. cboldt Says:

    I share your sentiment, Gandalf. Hold nothing against a person who chooses to get out, making the deal you describe. I’m not sure the residual attitude would be forgiveness, but hey, God made each of us different.

  12. Gandalf Says:

    @cbolt Yes, Of course. I am just saying that if an Innocent person wanted to make a deal just to go on with their life and forget this injustice… I (IMHO) would consider a deal NOT to file a Civil Suit a way of forgiving Waco for the OBVIOUS injustice. I know how stressful Court is and have nothing bad to say about any man who forgives Waco. It goes against my “Crazy Horse” attack with Paper (motions, briefs, hearings,Ethics complaints) approach but my opinion means nothing to a guy who is under the gun… It is VERY scary. Who am I to judge a man who wants to forgive and get on with their life? Rats and Gov. witnesses are another story all together. Esp to “save” there own necks by chopping off other innocent necks.

  13. Lunchbox Says:

    I dont understand how so many people can be charged with murder, with no proof. I have no faith in this countrys legal system. These men and woman are getting screwed and are going to pay for it the rest of their lives. I hope they all file suits and each get paid millions for there troubles.

  14. cboldt Says:

    Gandalf, if the innocent want to keep pressure on the system, then they shouldn’t agree to forego civil suit, no matter what. One can’t help overwhelm the system, if one has escaped its clutches.
    As I said before, the part I agree with Looney on, relating to an unsettled question of law, doesn’t cut one way or the other on how any individual decides to proceed in his own case. Plus, in order for Reyna to maximize the effect of his “punishment by process” mill, he has to slow walk the issue. The last thing he wants is to have the question of law settled.

  15. cboldt Says:

    The way I read the indictments, they preclude trial on a charge of conspiracy. That doesn’t mean a GJ couldn’t return a different indictment, just that this one makes no allegation of conspiracy. Conspiracy requires agreement, and the indictment alleges “knowing” that deadly weapons would be displayed or used.
    I’m not sure the indictments hold water for any sort of “acting in consort” or “aid” or “abet” charge either (Texas penal code Chapter 7), although that is the way I read the intention. Showing up at the scene is participation in a show of force, which aids those who illegally used force to cause death or bodily injury.
    The indictment is “frozen,” not that it matters because it is very broad, and gives Reyna wide latitude in range of evidence and eventual jury instructions (which is where the rubber really meets the road). For example, if he has video of one of the accused knifing one of the injured, that evidence goes to support a jury charge of aggravated assault.

  16. Gandalf Says:

    Found Clifford Lee Pearce 10-11-63. No Criminal Record, No Marriages, No Civil suits Nothing but a DL. I also noticed that 2 of his roomates have Privet Investigators Licenses…. I’m betting he will be holed up in Litchfield NE after he “makes bail” Another thing… Dudes address is Waco. I keep seeing Waco people all over this thing and can’t help to remember Sgt. Swantoon saying, “They were not from here.” Hmmm??? Wonder why he would say that KNOWING a few weeks before there were LOTS of Cossacks at Twin Peaks?…. Waco PD OBVIOUSLY knew the Cossacks WERE FROM WACO.

  17. TX_Biker Says:

    Glad you are back but sorry to hear it’s not going well. Hope it all gets resolved quickly.


  18. Rojas Says:

    Note at the arrest affidavits stated “did commit or conspire to commit” the predicate offense of assault or murder.
    The indictments, assuming they are identical as stated by the press, do not mention the conspiracy charge. Does this preclude the charge of conspiracy of being presented to the jury? Or will the specific offenses/counts be subject to pretrial negotiations?

  19. Gandalf Says:

    @ cboldt I have been through this ringer more than once. It is stressful and costs $. I have been acquitted by more than 1 jury. Not because I had a good Lawyer but because I was innocent. They offered me deals and threatened me with Prison but I held my ground. A jury trial is the only way a truly innocent person can get justice. That said, The only deal any of the innocent should make is… Case dismissed with no comment or cooperation in return for not filing a Civil Lawsuit. The way I see it is the Waco DA has put himself on a prairie at Little Big Horn. He has powerful weapons and trained forces. The Bikers are the Indians and could easily be killed if they attack but they have many #s and in the end can’t Lose… Mr. Looney is suggesting that the Indians allow Gen Custard to leave without a fight so as to spare some of the Indians.(that’s honorable) BUT, Crazy Horse (me) LOL is suggesting the Indians use their #’s to overwhelm the Enemy that will certainly be back again. Only this fight is not with Bullets or Arrows… This is a paper fight with high stakes. If the paper is used right MANY Waco Lawyers will be in big trouble and possibly dis-barred. The Indians can NEVER beat the USA but they sure as hell can get Custard’s scalp. Not to mention the scalps of ALL the bent PD Lawyers. See, it’s “the system” that’s always been wacked… a system built and maintained by Local Lawyers not Juries.

  20. cboldt Says:

    I was imagining a case where the trial judge ruled in favor of defendant before trial, holding that as a matter of law, the evidence, even if all true, was not sufficient basis for finding that a crime had been committed. That’s the legal issue, it is not an issue of fact. The state’s theory is that presence on the scene in combination with membership in or support of Cossacks or Bandidos or is enough to find either consort or conspiracy to commit a crime.

  21. FF Says:


    “There is no record of Clifford Pierce 10-11-62 having a Texas DL or ID. No voting record, No Property Tax, No Marriage/Divorce ect. Nothing.”

    I’ll bet you dollars for donuts Corky Ciccone has this motherfucker on speed dial.

  22. Rojas Says:


    What avenue does the State have to appeal assuming the issue is decided by a jury? Even in the case of a directed verdict by the judge I believe the 5th Amendment bars the state any further action.

  23. EC Vagos Says:

    Nice to have you back rebel. Quick recovery and resolve of your issue.


  24. cboldt Says:

    Gandalf, try “Clifford Pearce.” As for my agreement with Looney, it’s a remark about the outcome and who will decide it. That is, the outcome of the viability of the legal theory advanced by the state. No matter which side wins or loses at trial, the issue will go to appeal. Looney says “play all that out with one defendant, quickly.” That’s doesn’t preclude others from putting pressure on their state-sponsored “defenders,” plus, I don’t believe the courts are inclined to move quickly. Reyna and court interests are the same (avoid civil suits), and advanced by slow walking the criminal cases.
    Peachy, while pondering the ratio of Cossack to Bandido shot and/or killed, add more Machiavelli.

  25. Scootertrammp Says:


  26. Peachy Says:

    Hope you are getting better rebel. We love you!

    Pre-planning. Boots with tucked in pants= do not shoot.

    Watch the tp surveillance video, do you notice the ones purposely avoiding the cameras and they happen to be pants tucked into boots and no mugshot matching.

    Cossacks thought they were working with le. To frame the evil Bandidos.

    But they have the most casualties? When Cossacks say they were set up, they do not mean by bikers. They mean by le.

  27. Peachy Says:

    Hope you are getting better rebel. We love you!

    Pre-planning. Boots with tucked in pants= do not shoot.

    Watch the tp surveillance video, do you notice the ones purposely avoiding the cameras and they happen to be pants tucked into boots and no mugshot matching.

    Cossacks thought they were working with le. To frame the evil Bandidos.

    But why do they have the most casualties?

  28. Gandalf Says:

    There is no record of Clifford Pierce 10-11-62 having a Texas DL or ID. No voting record, No Property Tax, No Marriage/Divorce ect. Nothing.

  29. Shyster Says:


    If you need anything let me know. I got a light day Thursday.


  30. xyz Says:

    cboldt –

    Thanks for the links and insights.

    Please visit more often.

  31. ak rack Says:

    Dear Rebel,

    Well . . . fuck! Am truly sorry to hear that — my thoughts and prayers are with with you.

    ak rack

  32. xyz Says:

    “They include Ray Nelson, Jeffrey Veillon and Clifford Pearce. Nelson, of Waco, remained in jail Monday under $250,000 bond, but jail officials had no information about Veillon and Pearce Monday evening.”

    That’s weird the jail wouldn’t have bond info or booking photos available. In fact, the article states there was “no” information available. Especially weird seeing how quickly booking photos and bond info were available on the original 177.

    Were those two booked somewhere else? Were they walked through with pre arranged bonds? What were their respective bond amounts? Were they PR bonds?

    Maybe the Tribune will update us tomorrow?

  33. Rebel Says:

    Dear ak rack,

    Oh no. This is pretty bad.


  34. ak rack Says:

    Wow — quick nap — hope this means you’re feeling well and the eye is working good. Glad you’re back!

  35. cboldt Says:

    Oh, for those who don’t have a copy of the indictment, a link to it. Clifford Pearce is the first named who suffered bodily injury. I wonder if his indictment accuses him of injuring himself.

  36. Gandalf Says:

    I’m going to have to disagree with Mr. Loony. Between Winton, Broden and the other Great Lawyers Waco DA’s office are totally outmatched. Every Lawyer in Waco is on the PD’s List and collecting money from taxpayers and Innocent Bikers. My opinion is to stand strong and catch every dam crooked Lawyer in Waco. Demand Everything from your Public defender and make his ass work… Attack the Public defenders with Paperwork and demands for Motions and Hearings. Beat these Damm Fools with the paper they rode in on. Then Collect the important paper with the dead guys on it. 177 bikers are FAR closer to winning the Waco Lottery than they know.

  37. xyz Says:

    Who is the former Bandido that became a Cossacks prospect?

  38. cboldt Says:

    According to the Waco Tribune, a Clifford Pearce is one of three who turned himself in, resulting in unsealing of a sealed indictment. The other two are Ray Nelson and Jeffrey Veillon. That leaves six indictments still sealed.
    Attorney says flawed prosecution theory will cost county millions in biker cases – Waco Tribune – Tommy Witherspoon – November 16, 2015 5:01 pm

  39. cboldt Says:

    Looney’s got it right. The prosecutor’s case presents a novel legal theory. Eventually an appellate judge is going to decide the viability abd boundary of the theory, because either side losing at trial is going to appeal.

  40. cboldt Says:

    Clifford Pierce is not named as one of the injured, in the indictment.
    The inditment also names ten killed, the new name is “William Anderson.”

  41. popeye Says:

    It looks to me that they just indicted random people hoping someone will start talking to save themselves. Maybe the indicted were the guys who acted the most nervous. It only proves the DA has no case.

  42. Gandalf Says:

    “Clifford Pierce says he hit the dirt and was shot. A bullet hits his spine, leaving Pierce paralyzed from the waist down.” CNN Also, “He refused our interview request and has not been charged.” Hmmmm???

  43. Phuquehed Says:

    Fuck you Reyna, Jarrett and Dillon, you corrupt wasters of our good air! Too fucking stupid, lazy, corrupt and sorry to do the right thing and actually try to figure out who did what and only prosecute those persons…which includes those sorry-ass corrupt pigs in that area too!

  44. T Hell Says:

    Rebel, Welcome back

    It will only seem fitting when all of the fill in the blanks civil rights lawsuits are filed against these Stalinist bastards.

  45. Dasein Says:

    Looks like Winton just hit it outta the park. Hope his words somehow make it into these defendants’ cases as well.

  46. old & stoned Says:

    hmmm,, let’s play “squeeze the prospect”

    and the crock of shit just keeps simmerin’,,

  47. Brad Milch Says:

    There shouldn’t be any problem with identifying genuine & bogus Cossacks. Their club president (John Wilson) is visible in the CNN leaked TP video on the patio with other Cossacks before & during the assault. CNN failed to ask him to identify his real members & those pretending that were captured accidentally on camera.
    We haven’t heard any more about Waco’s supposed investigation on the police response to the mass shooting. Up to this point, it appears Waco has the legal grills set to BBQ bikers, not police.
    Hope you’re feeling better & back on your feet, Rebel. Seems like each time you try to get some medical work done, ISIS attacks another country. The world simply isn’t safe when Rebel’s doctor is working him over.

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