Waco Case Deadlines

September 19, 2016

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Waco Case Deadlines

It is unlikely that any of the Waco Twin Peaks criminal conspiracy cases will be resolved before Monday, July 31, 2017. That is the date when federal prosecutors now must present their witness lists to defense attorneys in a federal racketeering case titled United States v. Portillo et al.

That indictment in that case never once mentions the Waco biker brawl of May 17, 2015 but charges former Bandidos vice president John Xavier Portillo, former club president Jeffrey Fay Pike, sergeant at arms Justin Cole Forster and club member Frederick Cortez with “various overt racketeering acts including…War with Cossacks Outlaw Motorcycle Organization.”

The federal indictment references many of the same alleged incidents between members of the Bandidos Motorcycle Club and the Cossacks Motorcycle Club that were cited in police documents to explain the large presence of  state and local police at the Twin Peaks the day an altercation between Cossacks and Bandidos ended with nine deaths. One hundred seventy-seven mostly provably innocent people were almost immediately arrested for criminal conspiracy. The incidents both the federal indictment and the Waco police reports name include a Cossacks’ assault of a Bandido “on the side of the roadway in Lorena, Texas on March 22, 2015.”


The state prosecution in Waco effectively presents a firewall to prevent disclosure of any reports of investigation or other details of a federal infiltration of either the Bandidos or Cossacks Motorcycle Clubs. Since the War on Global Terror commenced in 2001, all policing in the United States has been federalized. Most major prosecutions of motorcycle club members, virtually all prosecutions of brand-name motorcycle clubs, and the current prosecution of Bandidos club officers and an ongoing investigation of the Cossacks have been initiated  by one of four federal police forces either acting alone or in concert. Those agencies are the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the Drug Enforcement Agency; and the Department of Homeland Security.

Local police departments like Waco’s simply do not undertake investigations of major motorcycle clubs. When state police forces, like Texas’ Department of Public Safety investigate motorcycle club their actions are always on behalf of, funded by and in cooperation with federal police. Motorcycle club investigations usually occur in chains with one investigation leading into another. Until recently, the ATF has taken pains to brag about this way of doing things in books by former agents like William Queen and Jay Dobyns and by former professional informants like Charles Falco and in television programs based on those books.

It is absurd to think that McLennan County District Attorney Abelino Reyna  would have decided to arrest everybody who might be linked by their bumper stickers to either the Cossacks or Bandidos clubs without at least informing the local federal prosecutor. It is even possible that a federal prosecutor called Reyna. The number and capriciousness of the arrests greatly complicated the case and impeded any independent investigation into the event. The best place to hide a leaf is in a forest. The best place to hide a needle is in a haystack. The best place to hide the truth is in a case like the one against the Bandits.

Tick, Tick, Tick

Provably, statements made by local officials like W. Patrick Swanton after the arrests were intended to support a misleading narrative about what had happened that caused nine men to die and who was to blame. The underlying charge against all 154 people who have been indicted so far is murder and there is no statute of limitations on that. If McLennan County tries six Waco defendants a year the case will take 25 years to resolve. Unless Waco prosecutors decide to indict another 40 people. Then the case will take 31 years to resolve, starting whenever prosecutors start holding trials, if they ever do.

Meanwhile the statue of limitations for naming a defendant in a federal lawsuit for false arrest and false imprisonment is two years. So complainants in the various civil rights suits for false arrest that have already been filed will only have until November 17, 2017 to name everyone they intend to sue – including presumably the Texas DPS and the federal police forces who told DPS what to do.

The Bandidos indictment is very cute about what it reveals and what it conceals. For example, it states: “On or about May 23, 2015, John Portillo raised Bandidos OMO dues and support club ‘donations’ to prepare to pay for bonds and legal expenses for Bandidos OMO members would go to jail for ‘club business,’ including criminal acts committed against members f the Cossacks OMO. Bandidos OMO members were required to pay $100 per month rather than $50, and support club members were required to pay $50 per month.”

Federal prosecutors have no qualms about using the Bandidos lawful and reasonable reaction to the Twin Peaks shootout and the unlawful arrests of Bandidos members against the club. Statements made in the indictment and elsewhere indicate that federal agents were at least monitoring rising tensions between the two clubs both before and after the shootout. The federal government, not Waco or Texas but Uncle Sugar, was trying to build a racketeering case against the Bandidos that included that club’s “war” with the Cossacks. It certainly would have strengthened the government’s case if the Bandidos could have been enticed to overreact against the Cossacks. And the ATF, in particular, regularly runs “sting operations” that are colored by what the Inspector General of the U.S. Department of Justice recently called “poor management, insufficient training and guidance to agents in the field, and a lax organizational culture.”

Water Buffalo

The Waco Tribune-Herald in particular has written about the unreasonableness of concluding that what happened at the Twin Peaks was a federal operation gone wrong – as the assault on the Branch-Davidian compound and the so-called “gun-walking” scandal were botched federal operations. As the ATF investigation and prosecution of the Pagans in 2009 was botched. As the ATF investigation and prosecution of the Sons of Silence in 1999 was botched. It is not unreasonable to speculate that if it quacks it probably isn’t a water buffalo.

You also don’t exactly need to be Sherlock Holmes or Edward R. Murrow to notice how federal prosecutors have reacted to the Twin Peaks tragedy – without a single press release. Not one. Even when they announced in January that the Bandidos had “declared war” on the Cossacks, federal prosecutors never uttered or wrote “Twin Peaks” once. Why? Because they don’t want to besmirch Abel Reyna’s airtight case against Morgan English?

For the last 16 months federal police have certainly behaved as if they have something to hide and the city behind which they have decided to hide is Waco. As of now, the trial in the federal Bandidos isn’t scheduled to start until August 2017. One result of this long delay is that attorneys in the false arrest lawsuits will only have 109 days, at most – and only if federal prosecutors in this case are more transparent and forthcoming than federal prosecutors usually are – to determine whom to sue.

Justice delayed is always justice denied.


13 Responses to “Waco Case Deadlines”

  1. Len Goveia Says:

    What a fucking mess by the state of texas..Where there LEO’s shooting to kill ?,YES..Were there bikers breaking the law ?,maybe..Bottom line is for most and possible all the justice system has failed..Most who attended are law abiding hard working folks who are being hammered by texas for maybe associating with a very few bad dudes,no, not associating,just being in the same parking lot..How does texas make the innocent whole again ?,it cannot be done…My hope are these individuals who are innocent do not except plea deals,i know that’s easier said than done,but hold out and sue texas in court for,ask for millions..This is America ,the Dollar or loss of it is what makes states/Fed change, nothing else..Right/wrong to texas at this point is moot,doesn’t matter..Only thing that matters is for the state to WIN…there are 49 other states that think the same way,so be careful and watch your back..

  2. popeye Says:

    I believe the bail was set so high was not only to keep everyone locked up but to ensure after paying the 10% bond there wouldnt be any money left to hire attorneys

  3. Griz's Gal Says:

    IronRider, I’m sorry. I don’t know how your post slid by me without my seeing it.

    I’m like everyone else here. I’m waiting on the day when that little sawed-off son of a bitch gets what’s coming to him, as well as Johnson. What they’ve done to all these families is unforgivable. One thing that gets me is, people are forgetting about Pete Peterson. If he hadn’t set those damned bonds at $1M at the beginning of this shit-storm, things wouldn’t have been so bad for these families – still wrong, but not as hard on them. Texas law clearly states he had no right to do that, and he’s not been taken to task for that. See, I want them all taken down from their perches. Not just a couple of them. All of them. I work toward that end daily,too.


  4. IronRider Says:

    @ Griz’s Gal

    So Reyna loves to swear up and down about the law and holding those accountable to it, unless it comes to himself. The fact that Johnson is going to have the matter in front of him (how convenient for Reyna) means that Johnson will once again play the game of trying to look unbiased but totally doing just that.

    Johnson will once again help out Reyna by not issuing an order and helping Reyna drag it out even further

  5. Griz's Gal Says:

    Clint filed some papers yesterday.

    A decision about whether McLennan County District Attorney Abel Reyna will be disqualified from prosecuting Twin Peaks biker cases likely will be delayed because Reyna refuses to answer questions about who is picking up his legal tab for civil lawsuits.
    Attorneys for two bikers indicted in the May 17, 2015, shootout between rival groups filed a motion Tuesday asking 54th State District Judge Matt Johnson to compel Reyna to answer the questions or to hold another hearing to resolve the dispute.
    Johnson ordered the parties to get together after a hearing in August to work through questions that Reyna would not answer at the hearing and deferred to his attorney, Thomas Brandt, of Dallas.


    We’ll see what happens.

  6. IronRider Says:

    Well there is a lot of stalling going on and everyone on the Law Enforcement side is helping to make sure that theses 170+ folks charged lives swing in the breeze while Reyna and pals drag their feet helped along by Johnson and some other Judges who seem very content to protect Reyna and other law Enforcement killers -er- personnel that were at6 the scene.

    The fact that the defence filed an appeal quite a while ago and the court has basically discked tham around about it just goes to show you how high the pressure is to make sure that these cases go no wear fast, and that is by design.

    If the cases was so solid and all the evidence was there to press forward it would have happened, but this is no where near the case. The Public knows it, the defense knows it and law enforcement knows it, but it isnt anyone on the law enforcement side whose lives are hanging in the balance and they could give zero fucks about the shit not just one accused but many accused are going thru.

    Reyna and his pals fucked this whole thing up and I think Reyna iust praying the Feds take over and get Reyna out of his self induced shit storm

  7. Hangaround Says:

    @Lurch Amen. Guess the Feds forgot to inform Red and Gold that dues needed to go up to match what they submitted as evidence!

    @Abishai I would say that while most Americans know that these events happened they are completely clueless as to how fucked up the shit really is. It took quite a while for me to find out the full nasty details about the snipers at Ruby Ridge.
    That information was not gleaned from mainstream media but instead from a discussion about boycotting Troy Arms products after they started employing one of the former snipers as a company spokesperson.
    I do agree that most of the country is distracted by pursuit of “their” piece of the pie and Colosseum games provided for easy distraction. How many actually have time and energy to discuss and research politics after a 50 hr work week ?

  8. Abishai Says:

    Some folks need to get a grasp on reality. If you are going to live the 1% life, then lock and load and don’t look back. As far back as Kennedy, there was the attempt by high ranking military officials to start a war with Cuba by committing a terrorist act on the United States. Operation Northwood’s.The CIA and Air America, Oklahoma, Ruby Ridge, Waco& Koresh, Waco 2015.Americans are aware and know about these acts of the Federal Gov. and a 1000 more and yet there is no outrage, no change. American’s overall are indifferent, apathetic and generally don’t care as long as my check comes or you don’t interrupt the game. They have become sheep and are content with big brother. Be a sheep or pay the price. There will be no justice in Waco or any where else, wake up!

  9. david Says:

    The names of the unknown defendants in any civil and constitutional rights deprivation lawsuit such as a Title 42,sec.1983 lawsuit need not be specifically known prior to the start of the lawsuit.

    Unknown defendants can be named as “John Doe” or “Jane Doe”.

    At any time BEFORE the 2 year limitation period is up, a person(s) who cannot be identified by the Plaintiff can be named “John Doe”.

    Generally this tactic preserves the limitation period, with leave of the court, the Plaintiff can later substitute the real name of the defendants once it is learned during discovery.

    The Plaintiff may not, through the action of the John Does or OTHER DEFENDANTS to the lawsuit(such as Reyna), be prejudiced by ANY delay caused by “obstruction” or “refusal” to reveal the identities of the John Does.

    Including any paid FBI or BATF undercover agents or informants. The Defendant list would read: All McLennan County John Does, All FBI John Does, All Undercover FBI John Does, All FBI informants,etc.

    A claim of “obstruction of Plaintiff’s protected right to justice” by Reyna and others, can also be made by all Plaintiffs in the civil lawsuits.

  10. Paladin Says:

    I hope that those in a position to affect change will do so. There seems to be little to gain and as can plainly be seen, an awful lot to lose from making the same mistakes over and over again. I’m not advocating anyone or any group change what they are doing. I am suggesting that a change be made in the way one does the things they do.

    It has been said that only dead fish go with the flow. I would like to add: When swimming upstream, swim smart, thereby out swimming one’s pursuers.

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


  11. Brad H Says:


    Take it a step further. It has been stated all COC member clubs pay the Bandidos to be members. I would suspect the Pagans, Outlaws and other One Percent clubs who participate in COC’s in their regions would argue donations to COC are held by an elected treasurer within the region and are not ‘fronts’ for Bandidos or any other club. I know this as a former officer of the COC in my area.

    So many misconceptions have been puked all over this case it bogles the mind. We are fortunate to have this blog, with a host of informed posters, to refer to for accurate views of what’s happening now and what’s happened, many times to them or their brothers, in the past.

    Face it, I’m jaded by my experiences with leo’s, politicians, courts and the shit scrapers refered to as attorneys. Yes, there are good defense attorneys out there, but I’m not sure poor white trash like me could afford them. If or when any club asks for donations to a legal defense fund, I’m pretty sure that money will end up in a counselor’s pocket and not in the party fund!

    Oh yeah, FUCK waco

  12. Lurch Says:

    “…and support club members were required to pay $50 per month.”

    I call bull!!!
    Maybe for the local area, not nation wide. Trust me, I know.
    Just like the nutsacks saying that everyone has to pay to wear a patch in Texas. BULL SHIT!

    Rebel, Keep up the good work.
    Respect to the deserving.

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