Looney Villifies The Bandits

December 9, 2015

All Posts, News

Looney Villifies The Bandits

Cody Ledbetter’s lawyer, Paul Looney of Houston, will reportedly file a “Motion To Quash And Exception To Substance Of Indictment” on his client’s behalf.

Ledbetter, a member of the Cossack’s Motorcycle Club, was wounded during a very bloody brawl at a Texas Coalition of Clubs and Independents meeting at the Twin Peaks restaurant in Waco, Texas last May 17. Ledbetter’s father, Raymond Boyette, was killed during the brawl. Police reports state that Ledbetter was also shot during the tragic encounter. Ledbetter was arrested at Hillcrest hospital in Waco. Looney, and Dane Schiller of the Houston Chronicle have insisted that Ledbetter wasn’t wounded but suffered “an injury” before he attended the event at the Twin Peaks.

The disparity in explanations of how Ledbetter’s arm wound up in a sling epitomizes the babble that has made the case difficult to report.

Ledbetter was indicted for participating in a conspiracy that led to ten deaths on November 10 and he was arraigned on Monday.


Looney’s latest motion was reported by the Chronicle today. It does not yet appear to have been actually filed.

The motion argues in part:

“Defendant, Cody Ledbetter, alleges that it does not appear from the indictment that an offense against the law was committed by Cody Ledbetter as charged in the indictment, nor is Cody Ledbetter placed on sufficient notice of what he is to defend against.

“The prosecution theory in this case is that Cody Ledbetter’ s mere presence on May 17, 2015 was sufficient standing alone to constitute the requisite culpable mental state to support him being charged with the offenses stemming from alleged criminal conduct during the criminal episode. The grand jury indictment alleges no over act committed by Cody Ledbetter. However Cody Ledbetter is charged with having engaged in organized criminal activity as a member of a criminal street gang.

“Cody Ledbetter is affiliated with the ‘Cossacks Motorcycle Club.’ In affiliating with the Cossacks Cody Ledbetter was not on notice from any source that the Cossacks motorcycle club was considered by law enforcement as a ‘criminal street gang.’”

“Cody Ledbetter was a victim. He was injured, and he witnessed hi s step-father being murdered. He did nothing other than see hi s step-father murdered in front of him and then run for cover.”

Blame The Bandidos

“On the other hand,” Looney continues, “the ‘Bandidos’ are clearly a criminal street gang. ‘Bandidos’ have been recognized in the jurisprudence of this country as a combination of three or more persons having a common identifying sign or symbol and an identifiable leadership who continuously or regularly associate in the commission of criminal acts The effort exhibited in Cody Ledbetter’s indictment to compare membership in the Cossacks as indistinguishable from membership in the Bandidos, as both are ‘criminal street gangs,’ is simply not supported in the law of this State or any other state or of the United States.”

“The State of Texas seeks by indictment to prove mere presence at the scene of a crime can be illegal if the person present is a member of a criminal street gang. The term criminal street gang has been defined. The prosecution is not free to determine which groups are and are not criminal street gangs with no reference to such determinations being subject to the law of the State of Texas That is specifically what has occurred and the simple allegation of membership in a ‘criminal street gang,’ given the stare decisis of the State of Texas, fails to state a crime in clear and intelligible language and fails to place Cody Ledbetter on sufficient notice of what he must defend against.”

Looney’s argument is that Ledbetter must be innocent and the Cossacks must be innocent because there is no legal precedent for calling the Cossacks a “criminal street gang” but many biker experts have called the Bandidos a “criminal street gang.”.

Some lawyers might find that argument to be a little thin.

Some Bandidos, and other members of the Texas Confederation of Clubs and Independents, might be reminded of Benjamin Franklin’s famous words just before he signed the Declaration of Independence: “We must, indeed, all hang together, or most assuredly we shall all hang separately.”


42 Responses to “Looney Villifies The Bandits”

  1. RtC Says:


  2. Gandalf Says:

    The Cossacks were uninvited, armed, drunk and started the Brawl. The Bandits were not even off their bikes and were attacked by 50 Cossacks. Clear self Defense even if the State Classified them as a gang. Looney is right to take this approach so long as his clients don’t testify with a bunch of BS against the Bandits… He’s not selling out the Bandits (IMHO) The innocent Cossacks get off by not being a street gang and all the Bandits beat it by being victims of the guilty Cossacks and shooting/fighting them in self defense. I don’t think he hurts the Bandits case not 1 bit. Those Cossacks on the patio didn’t run inside… Waco LE cut out the part showing them jumping that rail and attacking the Bandits…. WHILE THEY WERE STILL ON THIER BIKES! Self-Defense… Imagine being on your bike when 50 guys rush you from 20′ away. My God. Pure Self Defense even if you are a “gang member”. Those Videos show that I’m sure.

  3. Paladin Says:

    It would seem that to successfully argue a case in Waco, TX, one would have had to attend law school in Alice’s Wonderland, and craft one’s arguments so as to please the Walrus and the Carpenter.


    We are all familiar with the rhyme attributed to Mother Goose, which is: Thirty days hath September, April, June, and November. All the rest have 31, except for February all alone, it has 28 each year, but 29 each leap year. However, the only version deemed acceptable in Waco is the following: Thirty days hath September, April, June and Montana. All the rest have cold weather, except if you live in the suburbs, but they don’t count unless it’s a holiday.

    The prevailing attitude of the judicial system in Waco can be summed up as follows: We can act with impartiality toward only so many people each day. Today is not your day. Tomorrow doesn’t look good either.

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


  4. Bone Head Says:

    Looney…I cannot imagine myself hiring an attorney named Looney to defend myself.
    Gandalf, I respectfully disagree with you. Looney denouncing the Bandidos in a court document is blaming someone else for his client’s woes and misfortune and does nothing to prove his client innocent of any personal and willful action on that day or any other. But best of luck to Looney anyway; his job is to defend his client.


  5. Gandalf Says:

    @ Bone Head, Yes I did get a Chill up my spine when he started on the Bandidos. Now that read the fine print I see he actually names lots of Bikers who were there but not charged. He didn’t have to do that. I stand corrected. That was wrong of him. I still think EVERY Bandido has a easily winnable case of Self-Defense…esp in Texas. Thanks for the compliment on the other story… Merry Christmas.

  6. martythe3 Says:

    Rebel, I enjoy your reporting of the lunacy in wacko.

    When I first started following the sad state of affairs there via this web page, I was adamant and vocal in my disgust with many things that happened.

    But now I find myself silent. As I should be. As one man has correctly stated, I was not there and neither was my club.

    I believe the whole process has taught more than a few the reality of noble intentions and the skulduggery that existed and pervades the entire episode.

    My hats off to you Rebel for reporting without sensationalism.

    Much Respect to the real.

  7. Gandalf Says:

    My Respect for Bandidos is Huge. I have lived in Texas 20+ years and hardly ever read about Bandits causing trouble. I remember going to Scarborough Fair and seeing this good looking, clean cut Kid about 20yo with a Bandido Patch. He was pushing a stroller with a pretty young wife and young baby. It looked like he just got his Patch yesterday because it was Shiny and Clean. :) I just smiled to myself and thought what a good kid he must be. Respect.
    Another time my wife and I were at a Bar that had a band and the house was packed…standing room only. Except for this 8 person table with 3 Bandits sitting there on 1 end… Nobody would sit with them. I politely asked them if we could sit on the other end and the Bandit laughed… said something like, “Hell your the only 1 with the balls to ask… go ahead.” My wife an I kept our distance (minded our own business) and I bought them a round of drinks. No other words. Respect
    Now we have this Twin Peaks thing and I see a Club with True Class in all their actions before, during and after the Massacre. Machiavelli might be proud of them. Respects Again

  8. Mark Matis Says:

    I would only note that this motion makes it somewhat more difficult for the State to prosecute the defendants as a group. Smart move on Looney’s part, from my POV.

  9. Jim Jones Says:

    “Looney”, Sure living up to his name!

  10. Meh Says:

    If Looney establishes that the prosecution cannot by its own assertion determine what group is a criminal gang, does that not imply that there must be a legal metric other than multiple such claims by LEO that ANY group is a criminal gang? Is not the sum of zeros still zero?

    This could be much more interesting than it appears, but I’m not a lawyer.

  11. Wretched Man Says:

    @ Gandalf
    December 10, 2015 at 7:30 am

    Sir, what you wrote there epitomises the “heart” of a real biker and commands respect.
    In this whole tragedy from Whacko the only ones showing any class are “Red and Gold” the rest just seem to be every thing that is wrong with the world today.


  12. xplor Says:

    Looney the lip smells billable hours like Fido smells a bitch in heat.

  13. R&R Says:

    I think the legal metric you ask about is the Texas Gang Threat Assessment put together by a consortium of LE groups across the state and published by DPS. The Bandidos are the only MC on the list. So if the state is not recognizing any other MC in Texas as outlaw criminal gang, Looney’s argument makes sense to me. Here’s a link to the 2015 report.


  14. Hangaround Says:

    This is Bullshit. The Bandidos have never been declared a criminal street gang by any court system. Cops and the feds just claim they are and site 1 off instances of people that have committed crimes.

    If clubs had half the money the feds claim they make we’d all be living in mansions and riding bran new bikes.

    Fuck off with your bullshit.

  15. R&R Says:

    Uh Hangaround, I’m repeating what the state of Texas claims. That the Bandidos would be classified with the likes of the major Mexican cartels is ludicrous to me. But they ARE doing it and it’s gonna come up. So it’s logical for a lawyer to point to his client and say that his guy isn’t on the list of gangs per the state, who presumably would know. I too think it’s bullshit of the highest order. But it’s there.

  16. RocketmanSFC Says:

    Just saw this from the AP:

    Apparently, 4 of the nine killed were shot with .223 rounds consistent with the ARs the LEOs were carrying.

  17. chromedome Says:

    Don’t know if anybody has posted this yet but read this artice this morning


    confirmed 4 of 9 killed by police fire


  18. oldskewl Says:

    Couple things. One; the feds have declared the Bandits as a criminal gang, period.
    Two; the argument that the Cossaacks were never notified nor listed as a street gang will never hold up in court.

    The prosecutor would only have to pull up previous indictments of Cossacks members for any felony to give an argument against that.
    At some point a club will catch the attention of the alphabet agencies. I don’t think you can claim everyone is innocent until declared a gang.
    Just maybe this guy will pull a rabbit out of his hat I dunno,. one thing for sure, I would be getting second opinions.


  19. neverwaz Says:

    The AP report chromedome posted reiterates Waco PD reported their cops fired only 12 rounds. Looking ahead to trials, how will they explain their response to what they say were multiple active shooters?
    The scenario as described by Waco PD was their officers were under fire from multiple bikers – Yet they fired only 12 rounds in return? If they’re narrative is to believed, what an incredible demonstration of restraint these assholes showed that day.
    In Waco they want the court to believe they train their bacon to take fire and just let off one round per badge (assuming their were only 12 with rifles that day) in active shooter situations? Only in Whacko

  20. popeye Says:

    The AP story is just more mis-information to feed to the sheep. Admit to killing 4 can only mean bikers killed the rest. Like every bit of evidence so far leaked along with the official cop story it takes a few days for the real story to come to light. Same shit different day

  21. Rebel Says:

    Dear Popeye,

    Well there is and always has been a cooperating witness that says a single Bandido killed three Cossacks. That’s not saying that I believe that. I am saying that he will probably testify to that. So the police count right now is four Cossacks killed by police. Three Cossacks kiled by a Bandido. And one, civilian, Bandido supporter (Mohawk) killed by a Cossack. That’s what is going to shake out at trial in about six or seven months. Probably. That will be Reyna’s case. If it is a state case. I keep waiting for it to go federal. Already this afternoon, Las Vegas attorney Stephen Stubbs, who is usually identified as a “former Bandidos attorney,” has written that he thinks the police acted appropriately and saved lives.

    This has been a tough story to cover from the beginning. There are many conflicting accounts and much smoke. I hope to have it sorted out and the book done within six weeks.


  22. Rebel Says:

    Dear neverwaz,

    Oh it is better than that. There is an official account of a very brave Waco officer who faced down two Bandits who had guns pointed at him. He acquired his target and he did not fire. And the two Bandidos threw down their guns. The cop wasn’t even wearing body armor. Real cowboy stuff. I am not saying I believe this. I am just warning you that sooner or later you are going to read that is some major publication or hear it on the news. I’ll be shocked if that cop doesn’t already have a book deal.


  23. popeye Says:

    Thats the first time I ever heard of a defense attorney making a public statement in support of the cops. Did they also act appropriatly when they let the wounded bleed out ? This whole case stinks

  24. Red & Gold Says:

    Law enforcement, local,city,or federal, can call someone anything they want…they could call YOU a unicorn!…But that don’t make you one…BUT, if a court finds that you are a unicorn, you best start shitting Skeetles, because when the court rules, you are that thing, until you can prove otherwise. has to make a ruling as to if it is true. No court, local,state or Fed, has ever “ruled” or “found” that the Bandidos Motorcycle Club, is anything but a Motorcycle Club.

  25. Gandalf Says:

    Even a Unicorn has a right to Self-Defense in Texas. (I think)
    Off Subject: If your ever attacked by a Giant with a chain. Bull rush (push) him and make him go backwards….he will fall every time.
    AND: Never bring a chain to a gun fight… this is Texas after all. Chains are so 1970’s. I guess Dude didn’t get the memo.
    IMHO All Bandits (& Co) walk. Self Defense. Cossacks are gonna have to put their faith in the Looney Defense.
    This song goes out to the Cossack Leadership “turn it up.” https://www.youtube.com/watch?v=AkFqg5wAuFk

  26. Gandalf Says:

    To the Cossack rank and file: Your Leaders put you (and everyone) in this situation. Got your Bro’s killed, shot and arrested. Not the Bandidos and not the cops. TRUTH! What exactly did you think was going to happen if you attacked the Bandits surrounded by Cops in Waco Texas? Did you really think you surprised anyone or had a chance of winning that day while you waited on the Patio? LE set up that Ambush and your leaders KNEW IT!

  27. Pissedintx Says:

    Sad a toy run can’t even take place without fighting.


  28. Gandalf Says:

    Why Post about a fist fight at Last Years Toy run? Yes it’s sad… but old an petty news. A person don’t need a patch to get into a fist fight in Texas…You can believe that! LOL

  29. Mama G Says:

    Hmmmmmm…….is there a pattern of behavior forming hear? Lack of respect and unwillingness to follow community etiquette. Fighting at a Toy Run? Really?

  30. jd Says:

    The Decatur toy run smh, , well they got a chip on there shoulder, pretty much seems anytime anywhere, anyhow, they are gonna fight for it, pretty hefty blow, coc meeting hours and agenda subpenoed from The big boss in Austin for red and gold, Looney while he might have a strange name is a top rated attorney, with a very very high win rate at trials, all kinds of legal wrangling and bullshit , its a crazy scenario where it seems everyone is cutting up a big Shitt cake and gonna eat a piece, im sure the majority knew what it was they were going into, maybe not the severity of it though, I really don’t think there is a winning side in this, maybe they made a charge, and ran head on into it seems they got there ducks in a row though, they didn’t like the coc, now the coc is under every kind of scrutiny it can be under, they wanted to make a stand and not back down they didn’t, im no supporter of either, hell I know one Cossack, and know 2 more that were in prison with me, way before any of us knew who the Cossacks were, but like I say over and over I respect anybody that’s willing to fight for theres, don’t think it was right, don’t agree with it, had friends on the other side that were arrested and injured, but I didn’t think the Cossacks had it in them really to make a stand like that, hats off to them,

  31. Justathought Says:

    JD…You know not what you speak of…at all. Cossacks virtually shut themselves down with this stupid fiasco. The reason they “hate “the coc is because they didn’t get their way, so instead of being men, they quit the CoC…Fine, then STAY AWAY! How is the coc meeting hours and agenda being subpoenaed from The man who USE TO BE the big boss in Austin YEARS AGO, come on, you can say his name, the news has over and over.JimmY??? Hasn’t effected the Bandidos one little bit.Not at all. Records are keep in accordance with the Non-Profit Organization that it is, and the man who over sees that USE TO BE a Bandido Chapter President, but spends his time now going to Ncom meetings and doing other stuff for the Bikers Rights Movement, not for red and gold, but for every freedom loving biker out there. The funny thing is, if the cossacks expected any good to come out of this, it has…For The Bandidos and their support clubs!! They are growing like wild fired, and the cossacks are virtually a dead club here. The part you got right was “they didn’t know what they were getting into”, they were getting into shutting down their own club, having lost about 90 members ( and they only had about 130) Now thats the Truth! just the truth.I could go on and on, but I won’t bother. The real club here was the one that was suppose to be at TP that day, the one that has not talked to the press every chance they get,the one that has rallied around their own like a real club, and kept their mouths shut and the one that will be found to have only defended themselves from the uncalled for attack on then: the Bandidos

  32. jd Says:

    I think that was the point of there rank and leadership to make a stand and show anytime anywhere, if I was out to wreak havoc on an opposing force I would realize some people aint gonna be around in the end, that’s what comes with that patch, im sure the Cossacks knew what they were making a stand for, Texas DPS has had a tier rating for a street gang on Red and Gold, and it applies at a state level this is fact, they rate the gangs in tiers, and security threat groups, anybody done any time might understand how that works, not on a federal level but on a state they are a street gang in the eyes of Texas, if the Cossacks wanted to make a stand, well they have done it, the COC was an issue with them now they got the big boss in Austin who got subpenoed for all coc hours meetings any and all paperwork related to show the coc is legit and what exactly the coc does, this is fact, Big Boss had his attorney get on it, everyone had loss of life and a lot of legal bullshit to face, Looney leading the charge, I don’t know a lot about bowtie Stephen stubbs, but have actually used Looney who has a very very very high win rate, and is a legal genius that can freestyle a defense and beat most district attorneys or make it play out how it needs to for his client that shells oout the money, will members do time im sure, did people die? of course, that’s the sacrifice that seperates in my opinion, now its just my opinion but that’s what seperates the people dedicated to it or willing to stand there ground for what they believe, and the weekend warriors, seems these Cossacks mc guys have played it well, do they do everything like a TRUE biker would whatever the hell that is prob not, did they make a stand and back up what they believed in yes they most certainly did, as I said in another post and believe the ones that don’t fold, or decide its too hard core for them and make it through this those will be the ones that are in it for life and will value that patch they have fought and lost brothers for, I don’t know the Cossacks really one member, as a Cossack and 2 guys that were in prison and something else when I knew them , haven’t talked to them since they were released and started riding, I do know a ton of red and gold, and even called some brothers before they got into that bike life, so im not on a side , just saying what I see and know, Cossacks Mc have made a stand and I respect anyone that will stand for what they believe in and fight for it, im sure its far from over, but to underestimate them, seems they will fight for theres anytime anywhere, its not like they are a new club this is a fact too, a couple of the red and gold arrested in this had actually before the whole beef years ago rode as patched out Cossacks for years, that is a fact, some of these support red and gold upper level members and Cossack members were all brothers in something completely different, the founder of the prison organization is now red and gold,if you made it this far cowboy up ya dig… keep up now lets twist your heads with my point to all this, and im sure if I got some attention the people probably know my next line,,,,,,seems a lot of these men have got each other FU%$#d up, and its gonna get handled in the yard until it sorts itself out, but to blow them off like they are nothing,or all cops, would be a mistake, was there and undercover probably, but hey what 3 or 4 years ago a patched over ten year red and gold member brought and atf agent into a bike shop near fort worth and had almost 40 of his brothers set up, in a federal conspiracy case, another fact not guessing, bad apples and shit happens sometimes, but did the Cossacks make a stand, yes they did, was it all the police no, I think everybody screwed the pooch on this one, as it stands to date that is the largest incident in biker history, so yeah they made a stand, gotta respect that same way I respect red and gold for the sacrifices they have made for theres,

  33. jd Says:

    I hear ya, glad you got it all figured out then, they attacked yes they did, i do not know there membership status, nor do i know austins old p business other than what i stated, that they were wanting records and scrutinizing an organization they have made headline news convictions on, what the coc or the boss does other then that i did not comment on so its not a topic of my discussion, my point was they made a stand, i don’t know what fairy tale world your looking at this throough prob the same one that thought they wouldnt show up and stand there ground, but as i said i respect they stood for what they believe in, and were willing to fight for it, that i respect your politics there politics, concern me none, but they aren’t some sidewalk sissies obviously and seems they got there ducks in a row somewhat, that’s what i was observing, and what i see, first group i have ever seen just say they aren’t doing things your way they are doing it there way, i respect men like that, willing to stand up for theres no matter the outcome hopefully you fellas can get it politicked out, and get through it, you know i was at a bar in west texas, catching a beer heading home on days off from the drilling rig, pull a spot looked like a biker bar in ector county, saw over 100 bikes there, went in saw about 100 Cossacks there, must be the survivors huh they looked ready to lay it down lol, didn’t stay as its not my scene, just making observations aye,

  34. Base Says:

    So let me get this straight jd

    You believe, the actions of the Cossack’s on May 17 2015 was taking a stand?

  35. oldskewl Says:

    @JD; last thing in the world I wanna be is the grammar police but holy fuck,. hit the god damn enter bar once in a while after a paragraph!!

    Don’t know how some of you guys read all that, gives me a fucking headache.


  36. Gandalf Says:

    Hey jd, Explain Timmy Satterwhite? And you want to ride with these guys? Is that “taking a stand” or taking “the” stand? Tell your friends to stash those colors…. Years from now they will be worth $ + the memory of your deserving brothers who “took a Stand”. Until then Y’all need to get a little payback from the guys who ruined your club. Hint: It wasn’t the Cops OR the Bandits. Respect to all the Cossacks who deserve it…. You know who you are.

  37. dogbreath Says:

    Cossacks were just fine for 40+ years until they decided to change the rules in the middle of the game. Took private business public. Created an untenable position, namely a cowardly ambush. And have spoken at length to the cops, the press, and now the courts.

    If that is your idea of a proper club, you should go get your patch now, there are some vacancies and they don’t seem to be overly discerning concerning their membership.

    This life does not require literacy and an education – I know men with the heart, backbone and cojones of giants yet can’t read nor write. What is required is common sense, street savvy, and the ability to follow some very simple rules, such as STFU.

  38. Mama G Says:

    @Old Skewl- I know you can’t see me but if you could BIG GRIN!! ;-)
    Grammar is kind of a pet peeve of mine. Lol!


  39. FF Says:

    Anyone posting here on this forum trying to do damage control or rationalize for those idiots who caused this TRAVESTY on the nation, who have forwarded the agenda of the Police State IS AN ASSHOLE.

    Just go away. Hang your head in shame. YOU ARE A DISGRACE TO HONOR, DIGNITY AND INTEGRITY.

    Stupid bastards!

    And another thing, as a German who traces his roots back to Russia, there is a good chance I got some Cossack blood. Stop calling yourselves that.

    YOu are punks and cowards. You are agents of the Stasi.

  40. Justathought Says:

    So, JD, you honor People who take private business public, testify against those they have business with, and lie,lie lie to try to avoid standing up like a man does are, thats something you respect cause “they stood for what they believed in”? Apparently, to you, an ambush is considered “stand-up”?…I don’t talk to people who think that way…they tend to stab people in the back. OOPS!!! Maybe you WOULD make a good member of cock sack?

  41. Justathought Says:

    You claim to have seen “about a hundred cock sacks”? recently? You are a bald face liar if you say you saw that since may 17th.

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