Still More Waco Lawsuits

May 15, 2017

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Still More Waco Lawsuits

Dallas Attorney Don Tittle has filed 45 more civil rights lawsuits stemming from the Waco Twin Peaks biker brawl two years ago. The suits were filed last Friday in the Austin Division of the federal Western District of Texas.

The full list of defendants in the latest round of false arrest suits includes: Former Waco Police Chief Brent Stroman; Waco police detective Manuel Chavez; McLennan County prosecutor  Abelino “Abel” Reyna; Waco Assistant Police Chief Robert Lanning; former Waco Police detective of the year and local gang expert Jeffrey Rogers: Waco Police Public Information Officer Patrick Swanton; Texas Department of Public Safety Criminal Investigations Division Lieutenant Steven Schwartz; and Department of Public Safety Special Agent Christopher Frost.

The complainants in these law suits are: Martin D.C. Lewis, Ricky Wycough, Gregory Wingo, Dusty Oehlert, James Michael DeVoll, James David, Jarron Hernandez, Andrew Sandoval, Jason Moreno, John Martinez, Noble Mallard, Salvador Campos, Michael Thomas, Sergio Reyes, Mario Gonzalez, Andres Ramirez, Edward Keller, Jr., Gregory Salazar, Jose Valle, James Rosas, Richard Cantu, Jr., Daniel Pesina, Justin Garcia, Marco DeJong, Andrew Stroer, Kenneth Carlisle, Rolando Reyes, James Hardin, Michael S. Herring, Valdemar Guajardo, Jr., John Wilson, John Arnold, Roy Covey, James Brent Ensey, Edgar Kelleher, Brian Logan, Terry S. Martin, Robert Robertson, Jacob Wilson, Mitchell Bradford, Richard Luther, John Craft, Daniel Johnson, Jason Dillard, and Ronald Atterbury.

File Your Lawsuit Now

The deadline for filing federal complaints related to official action and inaction at the Waco Twin Peaks on May 17, 2015 is this Wednesday.

The suits arise “from the unlawful arrests that occurred in Waco, Texas on May 17, 2015. The mass arrests were unprecedented in both their scope and the complete absence of individual, particularized facts to establish probable cause.” The suits allege that the defendants committed “acts under color of law, which deprived Plaintiffs, as well as many other persons, of rights secured under the Constitution and Laws of the United States. Plaintiffs are also seeking damages against the City of Waco, Texas and McLennan County, Texas for similar constitutional violations.”

The scores of complainants further allege that their “constitutional rights have been trampled on and ignored by Defendants for almost two years…. This suit seeks to correct the miscarriage of justice and assault on the United States Constitution perpetrated by these Defendants.”

Factual Background

The suits describe the “factual background” for the litigation like this:

“On May 17, 2015, hundreds of motorcycle enthusiasts from across the state gathered in Waco, Texas for a scheduled Texas Confederation of Clubs & Independents (“COC”) meeting. As with any COC meeting, bikers expected to hear from speakers on topics ranging from state legislative updates to national motorcycle safety initiatives. The Waco COC meeting was also expected to be as much a social gathering as it was informative.

“Tragically, violence erupted and nine lives were lost, with others sustaining non-fatal injures. Because law enforcement had become aware of friction between some members of the Bandidos Motorcycle Club (“Bandidos”) and some members of the Cossacks Motorcycle Club (“Cossacks”), undercover and uniformed officers were located around the perimeters of the Twin Peaks restaurant where the COC meeting was occurring. These law enforcement officers were armed with assault rifles and responded to the violence with deadly force.

“It is undisputed that members of law enforcement fired upon individuals at the gathering, although it is yet unknown the extent of the injuries caused by law enforcement. Regardless of the manner or cause of the deaths, the loss of life that occurred that day is, without question, tragic. Unfortunately, the actions of law enforcement, including members of the McLennan County District Attorney’s Office, compounded the tragedy by causing the wrongful arrest and incarceration of countless innocent individuals.

“Despite a total lack of particularized evidence relating to specific individuals, Defendants Stroman, Chavez, Reyna, Lanning, Rogers, Swanton, Schwartz, and Frost determined that individuals would be arrested and charged with Engaging in Organized Criminal Activity based entirely on their presence at Twin Peaks, the motorcycle club that Defendants presumed an individual was associated with, and/or the clothing they were wearing at the time of the incident. Rather than investigating the incident and relying on actual facts to establish probable cause, Defendants theorized that a conspiracy of epic proportion between dozens of people had taken place, and willfully ignored the total absence of facts to support their ‘theory.’

“In the absence of particularized evidence to establish probable cause against Plaintiffs, Defendants caused an affidavit to be issued and sworn to by Defendant Chavez that contained material misrepresentations. Specifically, the affidavit alleges that Plaintiffs were members of a criminal street gang and that they regularly associate in the commission of criminal activities. As more fully set forth below, Plaintiffs are neither members of a criminal street gang, nor do they regularly associate in the commission of criminal activities. Plaintiffs categorically deny the truthfulness or accuracy of either statement. Defendants’ conduct of alleging these “facts” against Plaintiffs when they, in fact, had no such evidence can only be construed as willful, intentional, and/or reckless.”

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10 Responses to “Still More Waco Lawsuits”

  1. Azbrick Says:

    Everything I read coming out of the TP massacre, coming from Waco residents, was that the DA and police did a great job.. Fuck those sorry ass sheep, they deserve to be bankrupted.

  2. Dirt Digler Says:

    Who do you believe, the “Raging Able”, or the “Aging Rebel”?

  3. rw Says:

    I think the attorney Tittle has filed approximately 100 on his own. That doesn’t count others that have filed. Each is its own and not a class action.
    If I understand right a class action would let Waco defend it 1 time. This way Waco will have to defend each one separately.

  4. Curbside Says:

    I *almost* feel sorry for the people of Waco, but they’ve knowingly allowed people like Swanton and Reyna to keep a stranglehold on the rights of the people…so fuck ’em and feed ’em fish heads.

    Support the Fat Mexican!

  5. Cookie Says:

    This should be one hell of a class action suit.

  6. Roswell Says:

    Watch the documentary called “Disgraced” and you’ll see this isn’t Reyna and Strothers first go around with burying facts and subverting justice.

    This is also the same place where theATF and then the FBI slaughtered 83 Branch Davidians. It used to be legal in this country to be a religious nut or a motorcycle rider and hang around with anyone you wanted to.

    If I am following all this correctly, it looks like about 50 or 60 suits have been filed. I hope there is another 100 or so in the next 2 days. If nothing else, let these tyrants in Waco live in the same ongoing legal nightmare they’ve put others through.

  7. Filburt Says:

    “It’s not revenge he is looking for it’s the Reckoning”

  8. Bone Head Says:

    Long time coming…here’s to the defense of all the innocents…

  9. Travelin Says:

    Interesting that the McLennan county bond rating has not yet been affected by the liabilities being piled up. Failure to disclose reasonably expected liability could pull a whole lot of additional county leadership into the legal cesspool. This could be a another point of inquiry for biker lawyers to describe the Waco Way.

  10. Paladin Says:

    I see ol’ Swanton sports a bit of fruit salad. Those ribbons must be for meritorious service in the Waco P.D.s never ending campaign in denying the Constitutional Rights that are supposedly guaranteed to those they serve.

    Paladin

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