Waco Day 1088

May 9, 2018

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Waco Day 1088

This story was published on May 9, 2018 and corrected on May 10. The earlier version said that only the charges against defendant Matt Clendennen had been dismissed with prejudice, meaning they could not be refiled. Charges against defendant George Bergman were also dismissed with prejudice. The Aging Rebel regrets the error.

The McLennan County District Attorney dismissed 62 more cases related to the May 17, 2015 Twin Peaks Mass Murder yesterday.

Prosecutors dismissed charges against at least 19 Cossacks and 13 Bandidos, two Valerosos, three Escondidos and two Macheteros.

Cossacks who were cleared yesterday included Nomad Michael Chaney; McLennan County chapter president John Wilson; John “Voodoo” Arnold; Mark White, the police informant who told prosecutors the fight was not about the Texas bottom rocker and whose statement was then hidden from defense lawyers; and Philip White, who was shot in the face during the 109 second ambush.

Bandidos

Dallas Bandido Christopher Julian Carrizal, who was wounded in the ambush and whose son, Christopher Jacob Carrizal, remains the only man tried so far in connection with the mass murder, also had charges against him dropped. The younger Carrizal’s trial ended with a hung jury. He is currently scheduled to be retried September 10.

Bandidos chaplain Lawrence Yager had his charges dismissed and so did Martin Lewis, a black Valerosos patch holder and retired San Antonio detective who became a subject of national curiosity when his mug shot was published multiple times during a pro-police, anti-Bandidos propaganda campaign following the bloodshed. The incident was routinely described as a real life episode of Sons of Anarchy during the propaganda push. CNN called it Biker Brawl. The Washington Post called “the Waco massacre, one of the worst eruptions of biker-gang violence in U.S. history.”

Numbers

One hundred seventy-seven witnesses were arrested nine hours after the murders using identical, photocopied affidavits with blank spaces for their names. Eventually 193 people, were threatened with indictment for participating in a hypothetical criminal conspiracy resulting in nine murders and at least 20 assaults. One hundred fifty-five of the witnesses were eventually indicted in two grand jury sessions. Grand jurors spent an average of about six minutes considering the probable guilt or innocence of each of the accused.

One of the indicted men, a Cossack named Trey Alston Short, died of injuries sustained in a motorcycle accident on October 14, 2016.

Since Valentine’s Day, McLennan County District Attorney Abelino Reyna has ordered the dismissals of 116 cases without prejudice – which means murder charges against any of those defendants may be refiled at any time. Each of those dismissals has included the sentence: “While the grand jury has determined probable cause for the defendant’s arrest and prosecution exists, based on continued investigation, the state is exercising its prosecutorial discretion in dismissing this matter in order to focus its efforts and resources on co-defendants with a higher level of culpability.”

Two additional defendants, a former Scimitar Motorcycle Club member named Matthew Clendennen, and George Bergman had the charges against them dismissed with prejudice – which means no charges against them connected to the incident may be refiled.

Consequently. 37 people remain in legal jeopardy from the Twin Peaks. (The Waco Tribune-Herald counts 38.)

Tommy Witherspoon of the Waco paper reports, “prosecutors will seek to indict some or all of the 38 defendants with indictments still pending on a variety of charges, including riot, aggravated assault, tampering with evidence and felon in possession of a firearm.”

Luther

Cossack Richard Luther is one the remaining defendants Reyna is seeking to re-indict. Luther is represented by Clint Broden, the same lawyer who represented Clendennen. Today Broden issued a press release that read:

“One would have thought that repudiation of Abel Reyna in the March primary would have resonated with Reyna and his assistants. Instead, Reyna appears intent on being the last player at the blackjack table at 3:00 in the morning who keeps doubling down until he is out of chips.

“It is particularly ironic that Reyna has now sought an indictment against Mr. Luther for tampering with physical evidence, because the defense possess actual video evidence of law enforcement officials planting evidence on Mr. Luther at the time of his arrest. The District Attorney’s Office is in possession of that same evidence. Indeed, today’s indictment is as specious as the original indictment.

“It is fortunate that Reyna’s reign will soon be over and a modicum of justice restored to McLennan County. We are hopeful that, when the new District Attorney takes office and no matter who that person may be, he will quickly clean house of any person in the office that has been connected with this shameful saga.”

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33 Responses to “Waco Day 1088”

  1. Bradley Ward Says:

    @Curbside, the ancient Persians had a particularly nasty form of execution: https://en.wikipedia.org/wiki/Scaphism

    I’m just saying…

  2. Mr Nobody Says:

    In light of these dismissal’s with predjudice, I’ve got to wonder what happened to the family that was losing custody of the daughter they were adopting because he was in an MC and at the wrong place at the wrong time. And who’s natural parents were unfit and a worse alternative than the almost adoptive parents.

  3. Mountain Cruiser Says:

    Paladin,

    Yes, this area is a motorcycle paradise. The Frog Jump is a great time.

  4. Neuro Says:

    I may have misspoken earlier. I can’t tell if the police shot Bear as he was swinging the chain. It looks like G. Walker stopped the attack with a shot to the knee, but the police are trying to claim the knes shot was a police round. I don’t buy it. Watch the video. The police definitely shot Bear, and the video shows that they fired at him with his back turned. They also deliberately had him bleed out and all the Sacks know it. Watch John Wilson’s interview. The police killed Bear. Their shame has no bottom to its depth charging Glenn Walker. That is about as lame as a man could ever get, trying to blame another for your crime.

  5. Neuro Says:

    If you watch officer Bucher’s dashcam, you’ll see at 55 seconds in the upper left Spaz and Bear grapple for the chain. Bear breaks free and starts flailing away. At 1:04 the keenly aware “man in black” in front of the big lifted Ford takes aim and pops off two rounds. At that exact moment Bear buckles and is swarmed by angry B’s. At 1:17 Bear gets back up and heads for the grassy area by where Mohawk lies dead. He gets shot in the back by the cops. If any puke doubts it, go to the DPS pole camera footage. As Bear falls face first into the grass, porky p fires a round which misses and ricochets into the light pole. You will see the hole suddenly appear and the paint chips away, just like when you shoot a car. As a bonus, on the DPS pole camera you can see ol’ Rattlecan and J.Reese kill Mohawk and also see Spaz get shot by Porky in the left forearm.

  6. Rebel Says:

    Dear Roxanne,

    Actually Rodriguez was shot twice. Once in the chest by Reese and then, when he was probably dead anyway, in the head by Rhyne.

    Rebel

  7. Don P Says:

    Seems to me that if it was self defense for cops to shoot the man swinging the chain, then whom ever else that may have shot him should get the same consideration. What’s good for the goose should be good for the gander.

  8. ASpectatur Says:

    Wasn’t there Specific Prosecution Testimony Concerning the fact that NONE of the Handguns Confiscated had been Forensically Tested? That the Base Determination by Forensics was Either Rifle Round, or “38 Caliber Family of Ammo”? So How can They Now Pin Point Who Did What with a Handgun?

  9. rw Says:

    @Hangaround
    Included in the 2 tons of crap sent out to the lawyers was autopsy reports and photos.
    I’m gonna keep this short. In description of the thigh wound. Severed femoral artery.
    I could be wrong but I do believe I’m connecting the correct report to right person.

  10. panamaa Says:

    Man, they just keep throwing shit up ageist the wall hoping it will stick, don’t they?

    Gezzzz…

  11. Neuro Says:

    That’s a great question Dr.G., especially when it was the police who fatally shot Cossack Bear as he was swinging a chain at Bandido Spaz. Glenn Walker fired a round which I think hit Bear in the knee , taking him down and stopping the chain attack. Then the police shot Bear twice. They say he died of gunshot wounds but it is false. He died by bleeding out because the police deliberately had him die that way in a pickup truck, refusing him any help. Jeff beatty and Ray Nelson were fired on at close range by Cossack Matt Smith. Beatty was shot seriously through the shoulder. Those two have an easy slam dunk defense, G. Walker too. As for the two guys who killed supporter Mohawk, ol’Rattlecan Rhyne was shot through the throat,chest and stomach by the police. Look up the crime scene walk through video, or watch Bucher’s dashcam footage. The second suspected killer of Mohawk is Jay Reese and he has been charged with first degree riot. It’s all there online in videos for everybody to see. I am curious, who shot Candyman ?

  12. rw Says:

    I think the video showing the clearing of the patio when R&G rolled up shows who the aggressors were and who was on defense.
    Anal must of skipped that video.
    @Dr G
    Govment don’t charge their minions

  13. Roxanne Avery Says:

    This comment is in response to Dr. G. when he asked: My question is why is it that 3 Bandidos charged with murder and they have video evidence of the cuntssacks shooting and killing an independent named Mowhawk why haven’t they been charged with murder?

    My answer to that is that in the Butcher’s dash cam video, Jacob Lee Rhyne goes over to assist Jacob Reese after Mohawk throat-punched him allegedly because Reese had a gun out. After Mohawk and Reese fought to the ground (on the sidewalk in front of the patio and behind the large pole holding the Twin Peaks sign) Rhyne went over and shot him. Then Rhyne casually walks back out toward the brawl and raises his right arm straight out appearing to be aiming his gun. At that second, Rhyne is taken out by LE. So to answer your question, the person who shot Mohawk is dead.

  14. Hangaround Says:

    Soooo… Walker killed Kirschner by shooting him in the ass…?

    “Walker is accused of fatally shooting Richard Kirschner, a Cossacks member. An autopsy report shows Kirschner was shot three times: once in the buttocks with a pistol and twice with a rifle in the right thigh and left knee.”

  15. Dr G Says:

    My question is why is it that 3 Bandidos charged with murder and they have video evidence of the cuntssacks shooting and killing an independent named Mowhawk why haven’t they been charged with murder

  16. MtPockets Says:

    Curbside, I don’t think you need to worry. After fucking with the lives of 155 mostly innocent people, I would say that Karma is gonna someday get to Mr Reyna and it aint gonna be pretty.

  17. Bone Head Says:

    I admit to being slow and missing things here and there, but the defense has video evidence of cops planting evidence? I’m not surprised at all by what cops will do, but this is the first I’ve heard of this. If the judge allows Mr. Broden to play the video (this is Waco after all), this should be a slam dunk for the defense.

  18. FF Says:

    Good ol’ Anal Reyna

  19. Curbside Says:

    I’m still hoping God will forgive me for hoping Reyna dies a slow and agonizing death from cancer of the ass.

  20. Paladin Says:

    @ Mountain Cruiser;

    Angel’s Camp, Calaveras County, CA, indeed! I’ve spent a fair amount of time on 49 & 88. Had friends that lived in Pine Grove and a girlfriend that lived in Volcano, on a lane that ran past the St. George Hotel. as I remember it, Mels Diner in Jackson served up some pretty good food. your post brought back a lot of memories.

    Long May You Ride,

    Paladin

  21. Freebird Says:

    I am looking forward to Rebels article where Reyna say’s he is so very sorry…. but he is entering Drug Rehab for prescription drug’s.

  22. Paladin Says:

    Paula Carroll Swann Says:
    May 9, 2018 at 5:40 pm

    “So of the new listed charges, I would like to say this. Why did the DA’S office even bother with getting Ballistics reports if they are not going to follow the results of the ballistics reports.”

    It would really be great if you’d call the DA’s office and ask them that very question. Please let us know what they tell you.

    Paladin

  23. Paladin Says:

    If any of the remaining Bandidos charged with rioting can show that they acted in self-defense, which shouldn’t be too hard, they’ll be acquitted.

    Paladin

  24. david Says:

    Un-Abel Reyna is as dumb as a fence post. Beyond incompetent.

  25. Paula Carroll Swann Says:

    CONGRATULATIONS to those dismissed, however they are not all that free. They still have to fight to clear their names and they have to fight to get their names removed from the DPS gang database list.
    It’s going to take them about another month just to get their bike or vehicle back from having been forfeited. As said by a attorney they are not to be charged for the 3 year storage fee’s. (Hint hint don’t pay them)
    Their civil suit’s are on hold until June, as is that investigation.
    So of the new listed charges, I would like to say this. Why did the DA’S office even bother with getting Ballistics reports if they are not going to follow the results of the ballistics reports.

  26. Freebird Says:

    Dismissals of 116 cases without prejudice – which means murder charges against any of those defendants may be refiled at any time.

    There has to be case law on this issue. Sure Borden was looking at this long ago.

  27. Freebird Says:

    When i read the news it pissed me off at first. But after thinking about it, it may turn out be the golden goose. Even if they can find the 12 dumbest mother fuckers in that county they will draw one of two conclusions….. Reyna is totally incompetent or mentally unstable. Maybe he smoked his brain on dope?

  28. jrino Says:

    The 37 people left were all in cahoots? {just like the 62 they just let go}? That’s the same thin thread they tried to spin for 3 years. Bottom line if one cop in uniform was at the door instead of snipers waiting for the kill and the cameras waiting for a confrontation this “shit show cop murder” would never have happened!imo only.

  29. Mountain Cruiser Says:

    This kind of stuff with motorcycle clubs can go sideways in a hurry. We have the frog jump coming up which is usually a good time, but who knows. With the normal characters around it could slide into something like Waco in a heart beat….

  30. Dutchboy Says:

    Dismissed, but if you raise a stink we can always refile later, now go home like a good peasant. Don’t you dare sue over your so called “rights” or talk to the press.

    If you ride two wheels remember what the LEOS did here, especially if they offer you a “deal”. Like my daddy use to say, you shake hands with the devil you will get burned.

  31. Old & Jaded Says:

    A horrendous miscarriage of justice for so many people, as well as the victims. The fact that 117 indictments could be dismissed further says a lot about the original foundation of this cluster. What a joke the grand jury process is there. They should be ashamed of being nothing more than a rubber stamp for institutionalized stupidity.

    Now we’ll see about the remaining 37…

    Wonder if any particular factor influenced the present dismissal of so many cases? Thanks Rebel for keeping us posted.

    *Support Rebel – click the ads!*

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