More Waco Lawsuits

May 23, 2016

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More Waco Lawsuits

Three more victims of the mass arrests that followed the Waco Twin Peaks ambush a year ago filed federal civil rights lawsuits Friday in Austin.

The suits were filed by attorneys Don Tittle and Dan Jones on behalf of Bradley Terwilliger, Benjamin Matcek and Jimmy Dan Smith. The three are suing Waco police chief Brent Stroman, police detective Manuel Chavez and McLennan County District Attorney Abelino Reyna. The suits allege that the named defendants and an unnamed defendant “conspired” to deprive Terwilliger, Matcek and Smith of their constitutional rights.

“The decision to arrest and charge Plaintiffs and…other individuals with crimes despite video evidence, and statements from hundreds of witnesses, that directly contradict the existence of probable cause, or any reasonable belief thereof, can only be characterized as willful, intentional, and/or reckless,” the suits allege. “Based on the very specific information known by Defendants at the time their decision was made to arrest, including clear and unambiguous video evidence directly at odds with Defendants’ theory of a mass criminal enterprise engaging in organized crime, it is impossible to believe Defendants’ conduct and decisions were anything other than willful, intentional, and/or reckless. Defendants’ decision to ignore contrary and exculpatory evidence in favor of a theory unsupported by the facts or the law was consciously made and therefore willful, intentional, and/or reckless.”

What Happened

Terwilliger was a hang around with the Line Riders Motorcycle Club who heard shots shortly after he arrived at the restaurant. As he took cover, he saw a friend named William Richardson shot and he attempted to give Richardson first aid. He called fellow complainant Benjamin Matcek – a member of the Line Riders who was not at the Twin Peaks during the gunfight – to come the restaurant to drive Richardson to a hospital. Smith is also a member of the Line Riders.

Police explicitly agreed to allow the three men to drive Richardson to a hospital, then arrested them after they left the hospital and “pulled into the parking lot of a closed business to regroup and process the traumatic events. While in the parking lot, Waco police officers approached the vehicle, and eventually decided to arrest Plaintiffs Matcek, Terwilliger, and Smith. Plaintiff Matcek was initially arrested and charged with criminal trespass and Unlawfully Carrying Weapons. Matcek bonded out of jail on those charges two days later on May 19, 2015. After Matcek was released from jail, a warrant for Engaging in Organized Criminal Activity was issued for him. Mr. Matcek was arrested based on the Engaging in Organized Criminal Activity warrant on May 20, 2015.”

Terwilliger was arrested and charged with Engaging in Organized Criminal Activity despite the fact that a Waco police detective told him that night that “he (the detective) had determined that the Line Riders were an independent club with no affiliation or association to any other club.”

Smith was “initially arrested and charged with Directing Activities of Criminal Street Gangs…. Days later, a second charge for Engaging in Organized Criminal Activity was added.”

All three men are seeking compensatory damages, the costs of the suit, exemplary damages and lawyers fees.

After he filed the suit, Jones told The Aging Rebel, “We are committed to not letting any level of government get away with destroying human rights…not on our watch.”


31 Responses to “More Waco Lawsuits”

  1. Paladin Says:

    When the music stopped, the cafe, it was empty. Karma said, “Abelino Reyna, you know you’re in trouble plenty”.


  2. Edwards Plateau Says:

    Very interesting quote.

    After he filed the suit, Jones told The Aging Rebel, “We are committed to not letting any level of government get away with destroying human rights…not on our watch.”

    I wonder if this is the same Dan Jones?

    Dan has over 20 years experience in the criminal justice field and he understands how police officers apply the law. Prior to being licensed as an attorney by the State of Texas, Dan served as a police officer, a police detective, and a police commander. Dan has extensive experience as an undercover drug agent where he helped investigate some of the largest and most significant drug cases in the history of the Brazos Valley. Dan commanded a federally funded multi-agency multi-jurisdictional regional drug task force assigned to investigate major drug offenses and organized criminal activity. Dan also commanded a conventional police detective division responsible for the investigation of crimes against both persons and property ranging from burglaries and thefts, to assaults, sex crimes, and child pornography offenses, to attempted murder, murder, and capital murder cases. Dan knows how police officers and prosecutors conduct investigations and how they construct cases against defendants.

  3. Ol'Goat Says:

    Just got back from waco yesterday. ate at the Don Carlos next door too.

    …bad decision to start firing weapons in that area…..families are everywhere…kids…women…innocent and elderly bystanders shopping among the 100 or so shops surrounding the twinpeaks restaurant. The area all around that twin peaks is about the busiest and newest and trendiest shopping center in waco. I’m a father of 4….so for all you scared punks who were on camera firing at seemingly nothing, and even putting bullet holes in the twin peaks building about 15 ft off the ground….dont drop the soap

  4. Hangaround Says:

    With the number of lawsuits headed the direction of Waco and their soon to be depleted coffers I’m wondering which club will have the privilege of turning city hall into a club house…

  5. Voider Says:

    More lawsuits are coming too.

  6. Paula Carroll Swann Says:

    There are 2 men listed only on the injured list. … see for yourself

  7. johnnie hammastix Says:

    i hope these lawsuits keep coming and bankrupt the entire city.

    FTF, FTP!

  8. Gandalf Says:

    @ Ol’ Goat. Obviously you observed exactly why LE should have stopped “a dangerous situation” even after they encouraged the Cossacks to “crash” the Political Meeting…. armed to the teeth. Great Observation. Obviously the 12 (LOL) shots Police triggered ALL hit their mark. I don’t think the Prison System puts Police in General Population but DA Reyna and Sgt. Swanton might be celled up together… It’s any ones guess who would be “pitching” and who “catching” soap or no soap.

  9. popeye Says:

    Lawsuits against cops should be paid from the cops pension fund and not taxpayers. They’d think twice about firing their weapons if they had to pay from their own pocket.

  10. Casper T Ghost Says:

    @ol’ goat, if you have any concept of what actually happened, you would save your internet tough guy act for the Police who fired into the crowd. I am sure you thought your soap drop comment was cute as it probably took you a while to come up with. My hope is that you sir become a victim of police and the legal system that you seem to cherish. Instead of cute soap comments, why don’t you take the time to learn the truth about what happened. Why not look at the injustice and life ruining legal ass f###ing that so many innocent people are now caught up in all as a direct result of Waco police/ DA wanting a headline praising their work……
    I doubt cowards like you have the courage to seek the truth. I live in Dallas, maybe you bring your cute comments up here and see the effects of this charade has had on innocent people….cowards hide behind keyboards and screens sending soap jokes about their fantasies, Any Man with integrity and courage seeks TRUTH regardless of the cost or what uncomfortable place the Truth my take them.
    So @ol’goat I encourage you to seek out the true story, and spend less time being a LEO trumpet boy. It’s always someone else till it’s you…..
    The rest of us are not sheep. We are exhausted from continuing injustice and lies by law enforcement.

  11. Potmetal Says:

    As many have said before, Karma, she’s a mean bitch when provoked.

  12. roach Says:

    I have a feeling this is not the same ol’goat were all familiar with.

  13. rollinnorth Says:

    “Is Bail Causing Convictions?

    Bail is supposed to encourage defendants to show up for trials, but it also increases the likelihood of conviction and recidivism.”


  14. rollinnorth Says:

    “The main issue with bail seems to be that people just can’t afford it—in New York, something like twenty-eight percent of people can’t pay it within a week of arraignment. So they just rot in jail, which can have toxic effects—for them, for the public, and for taxpayers.”

    A Judge Explains How to Change America’s Twisted Bail System
    John Surico


  15. Just Bob Says:

    Biker experts like Steve Cocksucker Cook are only in it for themselves. They don’t give a fuck about the public, justice or anything else but $$ and recognition.
    Swanton is a braying jackass of an idiot. A sacrificial lamb when the time comes.
    Reyna thinks he’s got it dicked with his network and buddies. He’s only middle management. His strings are being pulled. Reyna’s career is over he’s going to be another sacrifice when the time comes.
    Judges protect their asses to secure the votes next election. Everybody’s guilty. Let the appellate courts fix the mess so my name ain’t tainted. Pete knows, he’s already made his moves to cover his ass.
    The Fed Beast is in control. The carnivores at top of the food chain. Not one of those shadowy fucks sitting in the background will ever be known.
    Citizens are sacrificial. Bikers are expendable.

  16. James Crawford Says:

    I’m still waiting for Twin Peaks to file a lawsuit against Firebase Don Carlos for providing police snipers with the venue from which to launch a premeditated ambush assault against their customers and patrons.

  17. Ol'Goat Says:

    Roach & Casper:
    I am the same Ol’Goat you are familiar with.
    Watch the videos, you will see PH’s firing at seemingly nothing or firing into the general vicinity of an apparent threat without taking proper aim.

    Marine Corps taught me one shot-one kill. Firing without establishing natural and proper sight alignment, and without taking proper aim is negligent. When doing so at this location in waco it is endangering the lives of bystanders and patrons next door and/or across the street, be you a PH or LEO i dont care, negligence is negligence, and only scared men fire rounds without standing fast and establishing proper sight alignment and taking proper aim before discharging a round.

    Guess my point is that if I were shopping nearby on that day and rounds began flying in my wife or childrens direction, I may have stood-fast, gotten the rifle from behind the seat of my truck and established proper and natural sight alignment, focused on my front sight postmade my target fuzzy and eliminated that target. This bullshit of firing while actively retreating and without standing fast and properly aiming at your target should be met with deadly force. …my .02 cents

  18. Ol'Goat Says:

    Casper T Ghost: Never cherished things that try to exert authority over me. Do you?

    Your “LEO trumpet boy” comment, that’s not even worth responding to.

    If you cant properly aim at & hit your target then you shouldn’t discharge a weapon. Those Discharging a weapon without taking proper aim and hitting their target should be met with deadly force.

    There are multiple bullet holes on 2 sides of the twin peaks building at the 15 to 20 foot mark….what was someone aiming at if your round hits 15-20 feet off the ground? my guess…nothing. Unsatisfactory….Nasty and careless. No one should pull a trigger until properly sighted on their target. Pulling triggers without being properly sighted in and knowing where your round will strike should be met by someone using proper sight alignment techniques and taking proper aim to eliminate the one firing randomly and carelessly like the video shows many are doing.

  19. Casper T Ghost Says:

    @ol goat. I have stood fast in many fire fights and have the purple hearts to show I didn’t get out of the way fast enough. As a marine you swore an oath to protect Americans- You seem hung up on shot groups and well aimed firing techniques. As a marine with combat experience which I am guessing u may have, you should know that in an actual fight things are chaotic at best so critical opinions of shooting skills is not only pointless and stupid, but is completely aside from any point of coherent thought or observations of this entire situation!
    No one cares if each shooter was an expert marksman!
    We care about the blatant lies, murder and injustice to innocent people- Americans who were victims of over zealous and media hungry law enforcement.
    @Ol goat- you miss the point entirely. No one claims that a bunch of saints had a Angel dance off that day- obviously someone fucked up. only a Trumpet Boy for LEO’s would be bothered by details other than the Imprisonment and financial ruin brought down on innocent Americans practicing a Constitutional right.

  20. Ol'Goat Says:


    When did I ever “trumpet” for Imprisonment and financial ruin brought down on innocent Americans practicing a Constitutional right?

    You read into what I say instead of just reading what I say.

  21. Ol'Goat Says:

    My point is that when you are in and around a very crowded shopping center standing in the middle of hundreds of shops full of people, aim yer weapon before firing. Look at the video and you will see many firing without even looking in the direction of where they are firing….stupid.

  22. david Says:

    Ghost, the someone who fucked up, were the instigating, pre-planning, federal BS agencies out of D.C., the District(Corp.) Of Criminals.

  23. Gandalf Says:

    I’m with david… It was the Feds at Bottom Rocker that put these guys into position. How they reacted (fired) doesn’t matter. If you put a Griz bear in a Lion’s cage criticizing how they fought or who they endangered is just plain misdirection.

  24. Gandalf Says:

    edit: “Texas Rocker” not Bottom Rocker.

  25. Neuro Says:

    @ Ol’Goat & Caspar T Ghost, thank you both for your service. I was in the airport early this morning and there was a full blown bagpipe honor guard of PD and FD performing for veterans heading down to DC for some sort of day of honor.It was on Southwest Airlines and they called it the Honor Flight. There were several WWII vets along with Korean and Vietnam War vets.
    Hey guys, am I missing something here ? Aren’t you two completely on the same side, making the same point ?

  26. Casper T Ghost Says:

    @ Neuro thank you. I think the root of it all is the innocent people were set up, murdered,extorted, and ruined all because of cowardly money and headline hungry law enforcement organizations and cunt district attorneys. @ol goat can be upset about firing techniques, my point is that Law enforcement officials set the conditions for confrontation that they could have prevented entirely, and then used deadly force and the heavy boot of Waco judicial system to extort and ruin innocent Americans. That should be the fire that gets a patriot moving and willing to do whatever it takes to call out this wrong!

  27. Neuro Says:

    You’re completely correct Casper. I am at a loss for a word which fits the depth of maggotry in this scenario. Disgusting, appalling, nauseating, enraging; nothing comes close. Almost equally bad is the lack of a public outcry. Also, most of these drone porkers are probably former Marines, which is very disturbing. They have fallen prey to a psy-op which has them convinced that these bikers are bad guys, real bad guys who should be dispatched without thought or hesitation.

  28. Neuro Says:

    Ol’Goat is also totally correct about trying to aim responsibly, but it was probably tough, chaotic as it got in cqc. I think one side did that much better than the other. It may be that the sacks killed at least one of their own with “friendly” fire, what a term. You are correct Casper, that is a secondary issue, but it has hit Goat hard as a father of four. This is pathetic, porky arresting B.Matcek who was not even at the Peaks during the event. I don’t see how they can possibly lose their law suits, federal law suits.I still think you two are on the same side of this.

  29. Ol' Goat Says:

    Your input’s appreciated, and yeah, my point was that as a father of 4 there is no room in my life to tolerate someone aiming and firing irresponsibly. If you are on a 1000 acre cattle ranch then maybe theres a little more “room” for irresponsible aiming and firing of your weapon, but in a crowded shopping center there is no room for that bullshit, and if I hear rounds zip by me and my children my AR will quickly be responsibly aimed in your direction regardless of whether you are a biker or a P.O., and you will take a round or two.
    In general I say http://FTP….not even worth talking about. A few P.O.’s out there (very few) “get it” and will refuse to go door to door collecting guns when that order comes down. The ones that scare me are the ignorant P.O.’s who just do whatever they are told and would never consider disobeying an order, and there are many of those types in America’s PD’s.

    Next time you see a police officer ask them: “Is there conceivably an order that you would refuse to follow”

  30. XYZ Says:

    House committee, investigator continue to review Waco federal judge’s actions –

    I guess people interested in justice for the Waco Bikers that have filed Federal lawsuits might be interested in this matter:

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