If it quacks it’s a duck. So it is beginning to look a lot like a federal RICO case is pending in Waco where the local authorities dither and stall and keep stupid secrets and spin and wash dry evidence and dozens of defendants arrested last May 17 continue to twist slowly in the wind.
A North Korean style grand jury indicted 48 more people yesterday. Seven of them were not arrested last May 17. In a statement issued after the grand jury recessed, McLennan County District Attorney Abelino Reyna said that six of the newly indicted had not yet been arrested so their indictments were state secrets. Presumably, the six indictees who have not yet been arrested are among the seven indictees who were not arrested last May 17. The names of the seven indictees not arrested last May are Stephen Dudley, William Flowers, James Hardin, John Lewis, Richard Lockhart, Keith McCallum and Richard Smith.
Screw Official Police Secrecy
At first glance, the two most interesting names on this secret list are Dudley and Smith. Dudley was treated at the Hillcrest Medical Center Emergency Room last May and released. So it took Waco authorities ten months to decide that Dudley was not a victim. Dudley’s indictment is ironic. All of the defendants indicted in November are accused of “intentionally, knowingly and recklessly” causing “bodily injury to” Dudley. So now, it seems, after almost a year’s consideration, Dudley will be charged with injuring himself. Of course, Clifford Lee Pierce, the Cossacks prospect who was long rumored to have sparked the explosion of violence but actually did not, and who was paralyzed, is also charged with shooting himself.
Smith, meanwhile, was riding with James Kenneth “Spaz” Anderson last September 3 when Anderson was killed in a motorcycle accident in Nebraska. Anderson was wounded last year in the Twin Peaks parking lot and after his death, Waco judge Ralph Strother ordered that a bullet that remained in his body be removed for forensic analysis.
Marshall Mitchell, president of the Bandidos Nomad chapter, told a Texas Ranger named Gary Phillips that he had traveled to Waco with Smith before the police contrived confrontation in the Twin Peaks parking lot last Spring. Smith was interviewed and turned loose and the fact that he is being indicted here suggests, but hardly proves, that this case has always been part of the “ongoing” federal racketeering case against the Bandidos Motorcycle Club announced in January. Of course, because the case is “ongoing,” the facts of the case cannot be obtained through the so-called Freedom Of Information Act.
The others indicted yesterday are Timothy Bayless, Richard Cantu, Jr., Kenneth Carlisle, Nathan Champeau, James David, Marcus DeJong, James Devoll, Matthew Folse, Justin Garcia, Mario Gonzalez, Raymond Hawes, Jarron Hernadez, Edward Keller, Narcisco Luna, Jr., John Martinez, Dustin McCann, Michael Moore, Jason Jesse Moreno, Elidoro Munguia, Robert Leon Nichols, Diego Obledo, Daniel Pesina, Ares Phoinix, Victor Pizana, Jerry Pollard, Jimmy Lee Pond, Andres Ramirez, William Redding, Rolando Reyes, Sergio Reyes, Boyce Ray Rockett, James Rosas, Gregory Salazar, Andrew M. Sandoval, Phillip Smith, Seth Tyler Smith, Christopher Stainton, Andrew Stroer, Jose Valle, Mathew Yocum and Gilbert Zamora.
Fat Mexican Tab
All of those indicted yesterday were either members of the Cossacks Motorcycle Club, the Bandidos Motorcycle Club or members of a Cossacks or Bandidos support club. Nobody who was arrested for simply wearing a “Support the Fat Mexican” tab was indicted yesterday.
During the interviews after the Twin Peaks Massacre last May, a DPS agent “pointed to a red and gold patch on” on an detainee’s “cut that read ‘Support the Fat Mexican.’ The Fat Mexican is the cartoon character that serves as the Bandidos logo.” The detainee “said, ‘We are not a support club, but they (the Bandidos) are the ones who blessed us to get the patches on our backs.’”
On the other hand, the grand jury refused to “No Bill” anybody arrested last May either. Grand juries, at least in theory, investigate potential crimes and accuse persons of those crimes when the jury finds sufficient evidence to do so. Grand juries are also supposed to notice when there is insufficient evidence to accuse a suspect of a crime and in those cases the jury foreman is required to write “not found,” “no indictment” or “no bill” at the top of the prosecutor’s indictment form.
So it is ever more certain that Waco will be folded into a superseding indictment in the current Bandidos case. Call it destiny. Nobody has ever been able to say how McLennan County Texas was going to pay for such a huge case anyway. Multiple federal intelligence gathering operations led to the intelligence, and RICO predicate, gathering disaster at the Twin Peaks. And it seems terribly naïve to suppose that Reyna simply decided to charge everybody in custody last May without assurances that the case would eventually turn federal and that McLennan County wasn’t going to have to pay for it.
The fact that no “Support the Fat Mexican” tab wearers were indicted yesterday probably indicates that the Department of Justice remains undecided about whether they can bring successfully racketeering charges against the Texas Confederation of Clubs and Independents. It looks like that’s what the feds want to do.
Last June Steve Cook, who is Executive Director of the Midwest Outlaw Motorcycle Gang Investigators Association and in that capacity tends to be both chatty and informed about law enforcement trends aimed at motorcycle clubs, dropped a kind of big hint. Cook told Waco television station KXXV, “We do a considerable amount of talking about these confederations and coalitions…and try to make them (police officers trained by Cook) understand a little bit the motives behind these is other than what they advertise.”
KXXV reported, “Behind locked doors, officers learned how motorcycle gangs operate, often dealing in drug and human trafficking. Gangs often transport and sell methamphetamine and have a structure similar to military or paramilitary organizations. Cook said they’ve seen an influx of gang members that are also a part of motorcycle clubs and club confederations.”
Cook said, “They’re absolutely gangs. If you’re wearing a one percent diamond and you’re associating with the individuals these people and associating with the kinds of activities they are, they’re a gang by any classification and to take it a step further, they’re organized crime.”