The Blamed And The Blameless

October 18, 2017

All Posts, News

The Blamed And The Blameless

The prosecution in the first Twin Peaks Biker Brawl Trial presented most of its case late yesterday and today.

Typically, because the prosecution is not artful but clumsy, it interrupted its own narrative to try to vilify the Bandidos Motorcycle Club, a living, breathing artifact of the Vietnam era, as a “criminal street gang.”

The concept of a “gang” has evolved since sociologist Frederic Thrasher published The Gang: A Study of 1313 Gangs in Chicago, in 1929. Contemporary sociologists are inclined to see what police call gangs as expressions of gender. One witness yesterday said the Bandidos “teach you how to be a man.” Contemporary police and prosecutors insist that “gangs” are wild Indians who must be exterminated lest they burn our settlements and make decent women into windburned squaws. Throwing the word “gang” around is also a good way to stigmatize defendants and exaggerate their alleged misdeeds.

So that is what most of the trial has been about. Three gang experts have testified so far. Today, in the middle of the day’s testimony, there was a parade of bartenders and bar owners and waitresses and cops who have seen some really bad stuff, man. And although none of them actually pointed their fingers at defendant Jake Carrizal, the prosecution expected jurors would do that in their heads.

Magical Realism

The remainder of the last eight hours of testimony was about what led up to the moments shots rang out at the brunch from hell.

Two weeks before the Twin Peaks Brawl, Waco gang intelligence officer Jeff Rogers distributed an email announcing the big meeting at the Twin Peaks that included the comment, “HA are getting involved as a support club for the Cossacks.” No witness could remember seeing it. All the witnesses are very busy and sometimes their inboxes get full. “We get all kinds of information.” explained Waco Police Swat Sergeant Stephen Drews.

According to testimony by Drews and Texas Department of Public Safety agent Christopher Frost there were a total of 20 cops at the Twin Peaks that day. Twelve were Waco Swat officers led by Drews. One was a rookie officer named Nicki Stone who was there to get some good training. Another was Jeff Rogers. The other six were plainclothes DPS agents: Lieutenant Steven Schwartz, Chris Frost, Chris Dale, Mark Gerik, Cory Ledbetter and Justin Overcast. Drews told his Swat officers “it would be an easy overtime assignment.” Ledbetter and Overcast were late getting to the Twin Peaks because they had forgotten to bring along a “long lens camera,” so they had to go back to somewhere and get one from somewhere and then go somewhere.

Drews and his men did not know that the six DPS agents were at the Twin Peaks let alone where they were.

Rogers has magical powers like a Yaqui sorcerer. At 10:30 a.m. on May 17, 2015 he simultaneously attended meetings at Waco Police headquarters and at the Flying J Truck Stop.

Cinematography 101

Frost set up the pole camera “between six-thirty and seven.” He checked it out from the Temple, Texas DPS office. He had never installed a pole camera before so he put this in a place where its field of view would be obstructed. As District Attorney Abelino Reyna put it, “Hindsight is 20-20.” The video it generated was uploaded to a server in Austin. Frost controlled it with an iPad from far away.

None of these policemen felt compelled to congregate at the Twin Peaks. Some of them occasionally drove past the patio where the Confederation of Clubs and Independents meeting was scheduled to be held. The only policemen there who had a view better than the pole camera were Michael Bucher and Heath Jackson who parked their black SUV approximately behind the Don Carlos restaurant on the other side of the parking lot. They did not turn on their dash cam. The footqage from their dash camera was retrieved from a black box after the fact.

Swat’s job that day was to be “a visible deterrent.”

The polecam showed that Sandra Lynch, who reserved the Twin Peaks for the COC meeting arrived at the restaurant at 11:05 a.m.

The Cossacks arrived at 11:32.

Zup Big O

Bandidos Nomad Marshall Mitchell, accompanied by two club brothers, shook hands with Cossack Nomad Owen Reeves at 11:37 then went inside.

Because one Cossack sent out a cartoon of a bear trap before his club ambushed the Bandidos, Assistant District Attorney Amanda Dillon felt compelled to state over and over to the jury as the footage rolled, “See. The Bandidos are free to go. The Red and Gold is not trapped.”

“The Cossacks are not hiding or trying to trap anyone.

The Boozefighters rode in at 11:56.

At 11:59, it looked like Sandra Lynch had stopped setting up for the event.

“See. There is no conflict as a Bandido walks through a cluster of Cossacks.”

“Do they look trapped or surprised?”

“The Bandidos are not trapped.”

The Defendent

At 12:23 Frost futilely tried to pan his camera right using his iPad from 300 yards away to see what was happening just off screen as Cossacks started leaping the rail between the Twin Peaks patio and the parking lot.

At 12:24:38 people visible in the pole cam feed start to run away.

At 12:25 independent rider and 65-year-old Vietnam veteran Jesus Delgado “Jesse” “Mohawk” Rodriguez is shot through the heart by Cossack Jacob Cody Reese and then shot in the head by Cossack Jacob “Rattlecan” Rhyne.

“What was Carrizal doing” someone near me whisperd.

“He was holding his father after his father was shot by police.”

Definitely Bad Guys

Drews heard the first shot fired. He was out of sight of the patio area where the fight began but he heard the first shot. He described the weapons all the Swat officers carried as sound suppressed M-4s. He knows the first shot could not have been fired by a police officer because he knows what a sound suppressed rifle sounds like. The weapon that fired the first shot was not a sound suppressed M-4. Drews would know if it was and he would tell the truth about it.

According to Drews, no police unit turned on its siren because a “siren would have had no effect.”

Nicki Stone was wrong when her bodycam heard her say, “I really didn’t think it was going to end like this. I thought that we were supposed to stay back and let them fight this out.”

Drews testified under examination by Reyna that he never told anybody “to stay back and let them fight this out.”

 

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33 Responses to “The Blamed And The Blameless”

  1. Neurp Says:

    You did good Swampy. Thanks. Fuck those guys.

  2. swampy Says:

    Yes, on donating to Rebel: It’s been probably 1 1/2 years since I’ve sent any money his way but I intend to soon. The Man has the tenacity of a bull dog on uncovering the truth. And has especially shown so on the whole Waco fiasco. So everyone please donate what you are able.

    I realize the link I posted on the 19th on Cossack John Craft getting busted, in northern-Louisiana, doesn’t reflect well on anyone involved in this “farce of justice.” And maybe it wasn’t my place to even post it on this thread, or anywhere else. However, I have a very suspicious mind. Even more so when the report is pulled from a local television station’s news archives, and I can’t find an arrest record. Although, I was still able to find it in a local fish wrap. Seems I remember there being two Cossacks named John Craft. Unless that dope was planted on Him and his Old lady(in a construction zone on I-20.) I can’t help but have questions….1. Is that Guy really that stupid? 2. Really? A disgusting needle junkie? 3. Will he be making new friends and co-writing a book with Kerrie Droban some day?

  3. Austin Says:

    @Neuro Life is a contact sport – right? Can’t win if you don’t play.

  4. Neuro Says:

    Damn Austin, I don’t want to hijack a thread, but it does seem that Rebel opens up a brand new one daily, so for now it’s a bit different. I’m sorry for your trouble and sincerely hope for things to improve. It seems like you will rebound.

  5. Austin Says:

    Hey Neuro – My degree is from University of Dundee. I was IN Austin the first time I posted on AR. Where I may be found at any given moment is the very most interesting thing about me.(leaving for Portland OR shortly) My eyes are hazel, but I had blue scottish flag contacts for a while. 14 months ago, I sent a man packing. This event included a very large bonfire, so there was much less to carry. Eventually, I realized I should blog- like my hero Rebel. https://wednesdaythursdayfriday.wordpress.com/2016/10/20/carlos-leyva-moreno-m-d-of-michigan-and-california-mostly/ After another week or so – I realised I was supercrazy and closed most of my accounts including my phone. Once you do that – you cannot recover your associated accounts. Including Gravatar. I miss my blue eye too. Thank you.

  6. Neuro Says:

    Hi Austin, you dropped your signature icon, the blue eyeball with the flag reflected. I always wondered, is that a Shetland Island flag, or are youse the Sweetheart of Sigma Chi ? I really like blue eyeballs. I noticed a poster using the handle Austin, and again wondered : is that the nice nag from before, or is this a new good ol’ TexasBoy using the name of the highly revered “Father of Texas”, the Honorable Stephen Austin ? I’ll go back to my bewildered world of wonder. Thanks to all you all who support Ol’ Rebel.

  7. James W Crawford Says:

    Re Pissed Off

    What is your problem?

  8. Austin Says:

    @Neuro – Oh dang! busted. Actually – I’m extremely bitter, jaded & mean- but Thanks.

    I simply had an exchange of private messages with Rebel, and felt I needed to tithe where my heart knew the truth lay. It is extremely rare to find a soul willing to dive deep for the real, hard truth. Someone willing to take a few hits and keep going despite the conventional wisdom. Despite being encouraged to walk away. A voice for reason. A man who does NOT just make up the story they wish was real.

    Before I ever said anything – someone else was selling AR T-shirts, *which I think should be an ongoing thing!* and I bought one.

    I get that Rebel probably wants to be a journalist, not a shirt salesman.

    However, I was just in Maui where a friend has a printing business…

    …Oh, and I am kind of a nag too.

  9. Neuro Says:

    Sorry man. You mean well. There is a nice lady on here named Austin who has asked the readers to donate for a couple years. I was donating before that. I have developed a strange condition where I barely control my emotions. It’s fucked/ I’m fucked. I spewed out when in fact it is actually the failure of the readership to donate which is what has me on the rag. So, you are totally right. Rebel himself had to finally put it to us hard in the past year. It was only his trip to Whacko which woke some of the readers up. Thanks for supporting Rebel. I know you are a long time reader, and for real.

  10. stroker Says:

    @Neuro:

    Yeah, contributions are probably best if they are anonymous, if possible. I don’t seek to blow my own horn by suggesting donations….just grew concerned others, and newcomers to this site may not know the budget (or lack of one) that Rebel operates on, and wanted to help him out by “beating the drum” for donations.

    And thank you for yours.

    Respects

  11. pissed off Says:

    crawford, unless you were there stfu… for rubs this maybe a lifestyle but for us this is our life…

  12. Neuro Says:

    Hi Stroker, how’s Santa Cruz ? and adeeos, too bad, you’re running late. I don’t need your prompts. I gave a hundo a day before youse did. Good works ought to be anonymous, eh ?

  13. adios Says:

    Yes stroker I did match you

  14. stroker Says:

    To all who read here:
    This trial, to us who live the lifestyle of the 2-wheeled broke and infamous, is our OJ trial. I’m not sure how many bikers worldwide watch Rebel’s reports, but I bet it’s huge.
    Having said all that, Rebel’s committed to this trial, and is living far from home to bring us these reports.
    We need to do our part.
    DONATE DONATE DONATE.
    The handy little link is right over there…..see it?
    Help our hero out. He doesn’t have a steady job, he’s only got us!
    I just sent him a C-note.

    Will you?

    Respects (and Click the links)

  15. swampy Says:

    The local CBS affiliate yanked this story. Not much relevancy other than reinforcing the fact that the Cossacks aren’t that bright: http://www.thenewsstar.com/story/news/crime/2017/10/17/report-biker-gang-member-had-drugs-gun-car/771790001/

  16. Gandalf Says:

    Ahhh Yes Paladin, The OJ Jury. Mostly Black. Big Trial. They came into the Trial Pre-disposed to acquit. Then F Lee Baily gave them their Cookie (reason to acquit). “Furman is a racist”. The Fact is almost all Jurys are just looking for the cookie… 1 thing to justify convicting or acquitting. Police are a walking, talking cookie. Sometimes they are cold blooded guilty by all the evidence but the badge IS the cookie.
    Again, IMHO If Jake thanks Butcher for saving His life that day they will get their cookie. If it becomes News (and it should) ALL the future Bandido Jurys might also get a crumb.

  17. James Crawford Says:

    Re RW,

    Colonel Reno who led one of Custer’s units suspected that he might be blundering into a trap as he approached the Indian village. He was correct because his forces became trapped between a river and dense woods that limited his mobility.

  18. Paladin Says:

    @ Mark,

    I was only using the Mormon angle as an example of playing on the sympathies of the jury. And yes, I mis-quoted the percentages when using Waco’s Mormon population as an example. Obviously, you really can’t expect all that much from someone that posts “word salad”.

    Long May You Ride,

    Paladin

  19. Paladin Says:

    @ Gandalf

    Jury trials are really nothing more than live theater with a kidnapped audience, and you’re absolutely right, regarding the fact that juries can run on emotion. I use the O.J. Simpson trial as an example. In the O.J. Simpson trial the prosecution’s case wasn’t looking all that bad until the defense was able to show the jury that Mark Fuhrman was racist. At that point the jury stopped listening to the prosecution.

    Waco’s political leanings tend to be conservative. As such, there is a at least an even chance that members of the jury may view the two groups that met at Twin Peaks as nothing more than road pirates that invaded and then went to war in their city. As in the O.J. Simpson trial, having a way to get the jury to identify and relate to the accused couldn’t hurt.

    Atticus Ignorans Says:
    October 19, 2017 at 6:34 am

    “I am no expert, but I’m pretty sure Gotro has her eye on that ball.” But, you’re an expert on neurological or mental disorders?

    Paladin

  20. Gandalf Says:

    @ Mark; Federal Prosecutor

  21. Mark Says:

    @ Paladin.
    You may want to rethink your views on Mormons. Here’s why, go to Will Grigg’s site, Pro Libertate. He died not long ago as a young man who had heart problems. He is a Rock Star of investigating journalist. He was covering, with many parts to a story that showed, as it seems. The Idaho Falls PD had a CI that was also a serial murder. The people in the criminal justice system there in Idaho Falls railroaded people for these murders to shut the books on the murders to keep the fact that a police CI was the murder. Everyone involved in railroading innocent young men for murders that they did not commit, was Mormon. That doesn’t even scratch the surface of the stuff Mormons are engaged in. You can see Will’s stories on this matter in Idaho in his last stories. In fact, a group of journalist are putting the stories all together to make a book . Yea it’s that intense.

  22. Mark Says:

    If a one percent’er MC is a criminal street gang, is being a member a crime? If so, why are such MC’s allowed to be in existence and not raided and arrested on sight?
    Here’s the key. There is no law against being a one percent’er and being a member in a club made up of one percent’er. Such a law is not allowed by the United States Constitution. However, finding someone guilty a crime for being a member in an MC alone, isn’t legal. Clearly the BMC wasn’t even off their bikes when the SHTF. And yes okay, 3 member of BMC shook hands with a Nomad of the CMC and went inside. That could have been allowed without an issues because it better opened the door to set a trap. Which seems to have been the case in hindsight.
    If the CMC was all cool with the BMC that day, then it’s very likely the cops shot first and started everything to go sideways. Are all these arrest and these court cases obstruction of justice because the cops fired first? Can the cops prove they didn’t fire first?
    The state has no real case and it’s as I keep saying, “proof without any truth whatsoever” which only a poor quality judge would allow in a courtroom in front of a jury.
    btw/ does the DA have plans to run for something else to increase his status as a tax feeder? I saw that he and Judge Johnson had a law firm that hired 4 full time people and didn’t make but around $350,000. That is peanuts, pathetic bottom of the barrel money for a law firm. No wonder these 2 guys got government jobs, they couldn’t make it as private sector lawyers. Does anyone else smell career moves if they railroad some bikers?

  23. rw Says:

    I wonder if Custer looked trapped and unable to move around before shit hit the fan?

  24. James W Crawford Says:

    If the goal if the Cossacks was to trap Banditos, they would have feigned benevelence to lure as many victims into their trap before springing the trap.

  25. Neuro Says:

    You’re okay Gandalf. NO respect for hubris. Signed, your dumbass, fellow total nobody. Me

  26. Shameful Says:

    With all of the seriousness and thoughts for a positive result for Jake, a nice little comic relief is that the word “cocksacks” is now a part of the court record.

  27. Atticus Ignorans Says:

    “The prosecution’s entire case against Carrizal (and most everyone else) is that he is a member of a tier 2 criminal street gang as defined in the TX, DPS Penal Code.”

    With all due respect, @Paladin, this is word salad.

    Count one of the indictment is directing or supervising a conspiracy to commit aggravated assault or murder.

    Count two is committing or conspiring to commit aggravated assault or murder (as a member of a criminal street gang).

    A conspiracy is an agreement.

    The State does not have to prove “committing” by Carrizal’s own hand, but can try to prove that Carrizal, with the intent that aggravated assault be committed, aided or encouraged someone else to commit aggravated assault or murder.

    Yes, “criminal street gang” is an element of each charge, but a) it’s not the entire case (you can be a member of a criminal street gang, and still defend yourself and others against deadly force); and b) if the State were to prove that Carrizal committed murder but not that he did it in support of a criminal street gang, the jury would convict him of that “lesser-included offense.” Five to life.

    It seems like a few folks here are offended by the notion that the Bandidos are a criminal street gang, and are fixated on that testimony. Be offended, but don’t fixate. Recognize that regardless of whether the Bandidos are a criminal street gang, the State has to prove murder or aggravated assault.

    I am no expert, but I’m pretty sure Gotro has her eye on that ball.

    AI

    P.S. Waco 95% Mormon? Obviously incorrect. A quick google reveals that it’s 0.95%.

  28. Gandalf Says:

    One night a group of Gangbangers were hanging out on a corner when someone rolled into the crowd and beat the hell out of 1 before the eyes of 5 others. It must have happened so fast and furious that the others stood stunned like deer in a spotlight. 3 witnesses identified me as the perp.
    I represented myself and on the day of Trial the witnesses did not show up. The DA accused me of intimidation. I DID NOT! The judge rescheduled the Trial and the DA intimidated the Witness’s by telling them THEY would be charged with a crime if they didn’t show up. A week before the trial I found a Traffic Lawyer and told Him, “Shoot from the hip” “I never left my house that night and can prove it. Just get the back round info on the Witnesses.” 2 days later He calls me with a deal He arranged. We had a HUGE argument and He told me to “enjoy prison”. How can you win with 3 eye witnesses against you?
    Come day of court I’m dressed in a suit, grey hair cut short and looking like an old man. (I am) The witnesses wore Metallica T-Shirts and looked sloppy. Again the deal… again the argument. My Lawyer and DA thought my alibi witness would be my wife. It wasn’t. A RN with impeccable record was living at my house. The judge had to let Her testify because my Lawyer just found out that morning.
    The Jury instantly hated the Victim and Witnesses and my Lawyer found out the victim had shot a little girl in the face with a pellet gun. The Jury WANTED to acquit. They only needed the “cookie” (a reason to acquit) That cookie was my RN witness who said I never left the house. THIS IS HOW TEXAS JURYS THINK. All Texas DAs know it and do the same thing. A Texas Jury doesn’t think twice about “The Law” or sometimes even the evidence. They acquit or convict based on who they like or dislikes. Usually they like the Police. That’s why even if a person might PROVE He is innocent a Texas Jury might convict… Reyna is trying to do this to Jake but the Jury and people of Waco are starting to understand…
    I DON’T THINK WHO I AM… I KNOW I AM NOBODY. I like it that way. I apologize to those offended. I’m not trying to “tell” anyone to do anything. Mayby I just should Have just minded my own business and not even cared about Twin Peaks. Y’all could have continued to complained about how civilians don’t care.
    Palladin sees the Texas “Street Gang Laws” and “Law of parties” and thinks Casie needs a rabbit. Like most Lawyers they only see the Law and the evidence. I see emotion and think I understand Texas Jurys. I will be surprised if Jake is convicted. I guess Paladin won’t be. He has my respect for helping out Legally in all Rebels Stories I hope He will continue to help bikers and post His wisdom but I think He is wrong this time… I expect a Not Guilty or a Hung Jury.

  29. Coemgen Says:

    Paladins, My apologies for butting-in to the conversation but, Waco’s population is 0.95% LDS (aka Mormon). That is, it’s less then one percent Mormon. It’s primarily a Baptist first and secondly a Catholic town.

  30. Lurch Says:

    Just an idea to throw out there, Hopefully Groto will see this….

    Define “gang”. Then read off a bunch of charges against members of an organization, but don’t yet name the organization. Let it sink into the jury’s mind for a few minutes. Talk about how heinous those crimes are, then reveal that all of those charges were from member of the police force. ANY organization can be named a “gang”!

    js

    Respect to the deserving.

  31. Gandalf Says:

    BTW I AM NO EXPERT or Lawyer. My only experience comes from standing in front of more than 1 Texas Jury and wining every time. Sorry again. Respects.

  32. Gandalf Says:

    “Unlike some, I don’t put up posts telling others what they should or should not be doing.” That would be me. I’m sorry if I offended anyone. I guess I sound like I’m “Telling” someone what to do or not to do… I AM NOT. (why Text messages and typed comments can be misinterpreted) What I think I am doing is bringing up any and every point I can think of in the hope that one might help. After 2.5 years the Trial is finally here. The Bandidos got fucked and I would try to help anyone in the same position. I can assure you that when it’s the Cossacks turn at bat I would do the same. Some of those Cossacks got fucked… In the future I will think twice before “telling” grow men “what to do”. This is almost over and I’m almost gone.
    I respect everyone.

  33. Paladin Says:

    The Obvious:

    I have no doubt that it will come out that law enforcement could have and should have been more pro-active in their efforts to have dissuaded the COC&I from having their meeting at Twin Peaks, knowing that the Cossacks MC was going to be there and that a violent confrontation was almost a certainty. I also have no doubt that those individuals who shot other individuals will be found to have done so in an act of self-defense or otherwise.

    Expert Witnesses:

    With the exception of Koz (who is paid by the government to be a professional liar) the rest of the so called “experts” have gained their expertise through interviews with MC members under conditions less than favorable to the MC member. So, the interviewed is encouraged to tell the interviewer what the interviewer wants to hear as opposed to what is factual. The balance of the expert’s expertise is learned in a classroom taught by those that have never been a member of an MC (LE MCs don’t count) or even own or ride a motorcycle. What they parrot is really nothing more than campfire lore.

    The Elephant in the Room:

    The prosecution’s entire case against Carrizal (and most everyone else) is that he is a member of a tier 2 criminal street gang as defined in the TX, DPS Penal Code. Gotro claiming that the MC in question is no longer a criminal street gang and has changed since Carrizal has taken charge is a bit weak. The recent incidents in El Paso and Santa Fe tend to blunt Gotro’s claim.

    That Old Time Religion:

    In order for Carrizal to be convicted, Carrizal has to be found guilty beyond a reasonable doubt. A good way to start might be to have the jury question the reasonableness of the TX Penal Code’s definition of a criminal street gang.

    It is no secret that 95% of Waco’s population are members of the Church of Latter Day Saints (Mormon). As such, they are no strangers to religious and political persecution. If framed in the proper context, the jury should be able to relate to a political subdivision’s arbitrary labeling and persecution of a group of individuals that the government doesn’t like.

    Unlike some, I don’t put up posts telling others what they should or should not be doing. That said, I hope Ms. Gotro has a big hat. She’ll need it, based on the number of rabbits she’ll need to pull from it.

    Paladin

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