1096 Days Later

May 17, 2018

All Posts, News

1096 Days Later

May 18, 2015

A shoving match in a bathroom at a Confederation of Clubs meeting in Waco, Texas exploded into a war yesterday. Nine people were killed, 27 people were injured, 17 were hospitalized, two are listed in critical condition, and 160 men were arrested following a brawl at a chain restaurant in a shopping center on the South Jack Kultgen Espressway.

All of the arrestees are being charged under Title 11, Section 71.02, a draconian Texas law titled “Engaging in Organized Criminal Activity.” According to that law, “A person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person commits or conspires to commit one or more of” most of the acts that are illegal in Texas: Including possession of small amounts of marijuana, transporting a firearm, and possession of banned weapons like brass knuckles and butterfly knives. Police seized about a hundred weapons at the crime scene

Sergeant Patrick Swanton, a spokesman for the Waco Police Department, called the attendees. “A bunch of criminal element biker members that came to Waco and tried to instill violence into our community and unfortunately did just that…. This is not a bunch of doctors and dentists and lawyers riding Harleys. These are criminals on Harley-Davidsons.”

The Texas Region One COC and Independents meeting was scheduled to begin at one p.m. The fight began about 12:15. Local police had urged the restaurant, a Hooters knock-off called Twin Peaks, to refuse service to bikers. Waco police claim the violence could have prevented if Jay Patel, the operating partner at the independently owned Waco franchise, had simply banned the Confederation of Clubs from meeting there. In a statement Sunday, Patel said “our management team had had ongoing and positive communications with the police.”

Sergeant Swanton said, “What occurred here today is the worst-case scenario when a business owner puts profit over human lives. It’s sad. This could have all been avoided.”

The restaurant has been sponsoring a bike night on Thursdays. Local police have been trying to convince the management to stop that, too. It is legal in Texas, as it is in most states, to ban the display of motorcycle club patches in public establishments. “They were aware that there were issues here,” Swanton said. “It was local management here. We told them of the issues, we tried to get assistance in reference to dealing with these crowds but they would not cooperate.”

Today, Front Burner Restaurants, which owns the Twin Peaks chain, announced it was cancelling the Waco restaurant’s franchise agreement.

“We are in the people business and the safety of the employees and guests in our restaurants is priority one,” the announcement said.

“Unfortunately the management team of the franchised restaurant in Waco chose to ignore the warnings and advice from both the police and our company, and did not uphold the high security standards we have in place to ensure everyone is safe at our restaurants.

May 19, 2015

Most of the world’s press is desperately trying to find a hook on which to hang the unfolding tragedy outside the Twin Peaks restaurant in Waco, Texas.

Police say only three or four of the 22 police officers, including a ten man Swat team, who had besieged the restaurant actually fired their guns. There are many shrill voices in the newz maelstrom. One chorus cries that none of the dead were shot by police. Another allows that four may have been shot by police. Sergeant Patrick Swanton, who is conducting this show with the glib aplomb of a network newz consultant, confides that nobody knows how many of the dead were killed by the police. Swanton does humbly allow that Waco Police and a Texas Department of Public Safety Swat team did something that stopped the fight that spilled out of the restaurant and into the parking lot, and so many innocent lives were saved.

Facts in the case are slippery. Some large number of motorcycles and cars have been impounded. Call it 200 motorcycles and 100 cars. Cynics might explain the impounds as a way of punishing people who were at the forbidden, Confederation of Clubs and Independents brunch for being there instead of in church. Swanton explains that the impounds are simply one facet of a very, very, very thorough investigation. As all of these vehicles were trucked away to some top secret impound yard they were guarded by Swat. The presumption that underlies that performance is that if they were not guarded by militarized police roving bands of Bandidos might converge from all points of the compass to take them back – like a scene from the Brian Bosworth film Stone Cold.

One-hundred-seventy have been arrested for the crime of being at a biker brunch. Probably 170. For some time it was exactly 192. Then it was in the “mid 170s.” Then it was 165. At this morning’s press conference, Sergeant Swanton announced the correct number is 170.

The other important number is a one followed by six zeros. All 170 of the guilty brunch eaters are charged with “Engaging in Organized Criminal Activity.” The underlying assumption seems to be that because the men in custody were there they are accessories to murder. So far, no one in the mainstream news media has questioned those arrests.

Instead America is focused on two pressing questions. First, how grave is the danger that faces the Waco police for bravely doing whatever it was that they did that did not include much shooting that somehow saved many lives and somehow led to the deaths of nine bad guys? The newz maelstrom screams that the Bandidos and the Cossacks lust for the blood of honest cops. The newz maelstrom shrieks that police in Texas have been green lighted, “essentially a gang sanctioned call for killing – as retaliation.” And so there are reports of “officers clad in ghillie suits on the roof of the Twin Peaks restaurant.” Lest the motorcycle menace return to the scene of its terrible crime with a lust for cop blood, police heroes must hide among the bushes on tops of buildings in shopping centers.
“Be afraid, America,” the newz maelstrom screams. “Be very afraid.”

The other angle the newz maelstrom has embraced is the allegedly racist nature of American newz.
“During the uprisings in Baltimore, I saw a flurry of tweets about black people disrespecting property and throwing rocks at police,” CNN Political Commentator Sally Kohn, wrote yesterday afternoon. “Now that these biker gangs have issued actual death threats, why am I not now seeing tons of Twitter posts about white people disrespecting the lives of police?”

Julia Craven began a rant in the Huffington Post this morning with: “Following a spate of white-on-white violence over the weekend in Waco, Texas, that claimed nine lives and resulted in scores of casualties and over 190 arrests, there has been a marked lack of interest in talking about where the event fits into the epidemic of such white criminal behavior in the U.S. – despite the fact that every year, more white people are murdered by white people than by any other group.”

In her fair and balanced way, Craven continued, “Granted, there are 201 thugs off the streets for the time being, but what about the rest of them?”

What Kohn, Craven and all the other voices in the newz maelstrom seem to miss is that blacks and bikers are both what totalitarian states like Hitler’s Reich, Stalin’s Soviet Union or Mao’s China called objective enemies. In such totalitarian states, one does not have to be suspected of committing an offense to get arrested. One only has to classified as being possible of committing what Hannah Arendt called “possible crimes.”

The investigators in Waco have decided that every one of the Waco bikers who brunch might have killed the nine dead men. So they are all being treated as if they did. There might be a story in that. But probably not as important a story as pretend threats, or the interesting costumes some police wear or the newz maelstrom’s shoddy record on covering the racial angle of white on white crime.

May 20, 2015

Yesterday in Texas, the Reverend Matthew Hagee, Executive Pastor of the Cornerstone Church in San Antonio, described last Sunday’s Waco massacre and its aftermath, including “all of these arrests of rival biker gangs” as “a sign of the end times.” It might have been the most interesting thing anybody said about the massacre all day.

As of this morning, at least 170 people were in custody on $1 million bond each and charged with “Engaging in Organized Criminal Activity.” One of them is a woman.

“I think it is important to send a message,” the Honorable Walter H. “Pete” Peterson, Justice of the Peace for the First Precinct, who set the bail amount said. “We had nine people killed in our community. These people just came in and most of them were from out of town. Very few of them were from in town.”

Three of the accused “organized criminals” turned themselves in after they were released on lower bonds. Sergeant Patrick Swanton, who has been acting as the chief press ringmaster since Sunday, said “They were not mistakenly released.” The three men were arrested Sunday when they arrived at the crime scene after all the shooting had stopped wearing motorcycle club insignia. They were searched and, according to Swanton, were found to be “carrying weapons.” They are now also being held on $1 million bond. Swanton did not know where.

Swanton did not know how many of the 11 wounded men who were released from local hospitals yesterday had been arrested. He also did not know how many, if any, of the dead men had been killed by police. “Is it possible,” Swanton asked rhetorically. “Yes. Is it a fact? No, because the autopsies are not complete.”

Olivia Messer reported in the Waco Tribune-Herald today that police “have found 1,000 weapons tucked into kitchen areas, vehicles and toilets” in the Twin Peaks restaurant.

The New York Times reported that the local jail and court system is clogged up with arrestees and that the court cases “could drag on for months and even years.”

Tales abound of factually innocent bikers who are being presumed guilty until proven innocent.

A defendant named Jeff Battey was the first defendant to post bail Wednesday morning. Battey “has bullet fragments lodged in his arms,” according to his lawyer, Seth Sutton. “He was just in the wrong place at the wrong time like many others who are innocent yet being held under that bond.” Sutton told Houston television station KRIV. “Law enforcement authorities are saying that, in this short amount of time, they’ve already gathered probable cause that these 200 people have participated in a plot to commit capital murder. That’s difficult for us to believe.” Battey must wear an electronic ankle monitor while he awaits the chance to clear his name. He is currently being treated in a Dallas hospital.

The Associated Press reports that Theron Rhoten, a mechanic from Austin, an antique motorcycle enthusiast and a member of the Vice Grip Motorcycle Club was arrested with two club brothers when he arrived at the site of the Confederation of Clubs meeting after the shooting stopped. The Vice Grips build, repair and ride pre-1970 Harley-Davidson Big Twins.

A retired, San Antonio vice detective named Marty Lewis, is among the accused “organized criminals” trying to raise $1 million bail.

Published reports indicate that Waco and McLennan County could realize more than $3 million from the sale of motorcycles and cars seized at the crime scene.

Meanwhile, multiple news outlets including the Daily Beast have begun to connect the dots between the massacre in the Twin Peaks parking lot and a shooting in Gator’s Jam Inn in Forth Worth last December 12. Geoffrey Brady, a member of the Ghostriders Motorcycle Club was killed and within days three Bandidos, Robert Stover, Howard Wayne Baker and Nicholas Povendo were charged with his murder. The Daily Beast reporter, M.L. Nestel speculates, “It’s unclear whether the deadly brawl in Fort Worth directly led to Sunday’s bloody battle outside the Twin Peaks restaurant in Waco, Texas—or whether the two incidents were just loosely connected in a longer gang war.”

Nestel quotes an unnamed police source as saying, “The Gator’s incident was one of many and it all has to do with colors. They want to make sure the Bandidos go down.”

May 21, 2015

For the last four days a glib, specious, Waco police sergeant named Patrick Swanton has been defining the reality of what happened last Sunday in and near a Texas Region One Confederation of Clubs and Independents meeting. The meeting was in a lewdly named restaurant called Twin Peaks in a shopping center called the Central Texas Marketplace near the collision of two freeways in Waco, Texas.

“I’ve seen this before,” William L. Dulaney, an interesting man who has been a soldier, a scholar and a motorcycle outlaw, said this morning about the gelded press in Waco. “The police are controlling the narrative. They have everybody who might contradict what they are saying locked up. The press believes everything the police are saying. I’ve seen this before. I’ve never seen it this bad.”

Virtually everything Swanton and other officials in Waco have said about Sunday’s massacre has gone unchallenged. When CNN, citing “a law enforcement source,” had the audacity to report that four of the nine men killed last Sunday had been shot by police “in a hail of police bullets,” Swanton lit into talking head Ashleigh Banfield. “That’s not fact,” he insisted. And then he told Banfield that he was the only person who could authoritatively speak about the massacre. And then he told Banfield the autopsies had not been “completed.”

Banfield, who is not exactly H. L. Mencken, meekly replied “Well, I’m glad you cleared that up… Well, I know you’re busy and you have a big crime scene.”

H. L. Mencken or Edward R. Murrow or Dan Rather or, for God’s sake, even Brian Williams might have asked, “Why haven’t the autopsies been completed yet? How long does it usually take to remove a bullet from a skull? How many bullets have been recovered from the bodies so far? What are the calibers of those bullets?”

The lie of the “incomplete” autopsies is merely one of numerous, obvious lies Swanton has told the press this week. Swanton’s lies have created a cloud of confusion that has obscured press coverage of Sunday’s massacre. Most of the press doesn’t seem to mind. After all, even if Swanton is lying through his teeth he at least gives good quote. So it might be a good thing for this obscure corner of niche journalism to actually list a few of them.

May 22, 2015

Yesterday, the Texas Department of Public Safety leaked a confidential bulletin to CNN, “the most trusted name in news,” that claims that members of the Bandidos Motorcycle Club are arming themselves with “grenades and C4 explosives” and are plotting to kill “high-ranking law enforcement officials and their families with car bombs.” The bulletin lists possible targets in Waco, Austin, El Paso, Dallas, Corpus Christi and Houston.

The alleged plots have been hatched to retaliate against police who shot “their brothers” as they emerged from the Twin Peaks restaurant last Sunday. The bulletin is based on information from an informant who cites members of the Bandidos and Black Widows Motorcycle Clubs as a source.
The Aging Rebel has learned that one Bandido was killed last Sunday. This page believes that seven members of the Cossacks Motorcycle Club and one unaffiliated biker were killed. The unaffiliated biker was 65-year-old Jesus Delgado Rodriguez, a former Marine who won a Purple Heart in Vietnam. The official cause of Rodriguez’ death was a “gunshot wound to the head and trunk.” Because of the nature of the fatal wound, this page believes Rodriguez was lying on the ground when he was shot in the head…

Waco police spokesman, Sergeant W. Patrick Swanton told CNN’s Erin Burnett, photo above, “Unfortunately, in our line of work, it’s something we deal with day in and day out. I would, however, like to say this, to those that are listening that are making the threats: The incident that occurred here Sunday afternoon … was an absolute tragedy. However, those of you that were there know that we did absolutely nothing to start that. We would ask you to remember that and remind you that although you have totally different ways from us, law enforcement did not start the melee.”

Other interesting things Swanton said yesterday included:

“In response to those that have cried false and ludicrous Conspiracy Theories we say this: We are continuing our investigation with the assistance of the McLennan County District Attorney office, the Texas Department of Public Safety’s Hwy. Patrol, their Criminal Investigation Division and the Texas Rangers. We also have solicited the assistance of the Federal Bureau of Investigation, The Bureau of Alcohol, Tobacco, and Firearms, and the Texas Alcoholic Beverage Commission. It would be impossible to have that many of the country’s finest Law Enforcement Officers fabricate anything other than what actually occurred there.”

“Although we have had a large number of individuals arrested at the scene, we did not arrest everyone as some parties say. Some were intentionally released on the day of the incident as it was apparent they had no involvement. Additional arrest may occur. The McLennan County Sheriff Office has done a tremendous job in processing an overwhelming number of individuals and for that…we thank you.”
“We would like to remind all that selective videos and cropped photos DO NOT paint a complete picture of what actually occurred. Law Enforcement has video as well but it is preserved for evidence. We play by a very strict set of rules and will not deviate from them to match attempts to sway the truth. I can attest I have personally seen the horror unfold and was amazed at the actions of our heroic officers in their quest to save innocent victims lives. I will tell you I am proud to serve with the caliber of officers that served and protected the public that day.”

“Waco PD will continue to be as transparent as possible in the days, weeks, and months to come in the continuation of the investigation of the tragedy. We continue to evaluate evidence at the restaurant location as a crime scene and expect that to continue into next week. Individuals with concerns about property or vehicles can contact the Waco Police Department at 750-7500 to inquire about return.”

May 23, 2015

The best place to hide a leaf is in a forest. The best place to hide the truth about what happened six days ago in the parking lot of the Twin Peaks restaurant in Waco is in the river of non sequitars and lies a Minnie Pearl clone named W. Patrick Swanton has been spitting at the press all week.
Swanton is the press officer for the Waco Police Department. On the one hand he promises “transparency.” On the other hand he modestly allows that he is unfazed by the personal danger that a vast and underreported biker threat poses to Texas police, politicians and citizens. Swanton has been the sole, quotable source of information about what happened last week so reporters have had no choice but to quote him. It is either quote Swanton or leave all that blank, white space around the furniture store ads.

Swanton’s refusal to answer the questions people want answered has led to increasingly bizarre speculation. Today’s chuckle of the day, if one can chuckle about this tragedy, is, “A new Foreign Intelligence Service (SVR) report circulating in the Kremlin today states that the Obama regime’s Department of Homeland Security (DHS) deliberately massacred at least 9 innocent motorcycle enthusiasts on 17 May over fears that one of the clubs participating in a yearly rally in Waco, Texas, could possibly be linked to the Night Wolves.”

This speculation is a direct result of Swanton’s stubborn reluctance to explain who died, why, how, what was going on when they died and even where the supposed fight started. Mostly Swanton has insisted that four or five “criminal element” biker organizations were having a recruiting jamboree; somehow, sometime they noticed they were surrounded by brave and honest police; they opened fire on the police; they tried to kill the police; nine of them were killed when the police shot back in self-defense; and the other 170 of the outlaw sumbitches have been locked up. Now vast hordes of motorcycle outlaws are gathering in secret locations to prepare for their final assault on civilization as we know it. This story has some plot holes. Swanton doesn’t see them and he doesn’t want anybody else to see them either.

Consequently, the fourth estate has had to fill in those holes with answers that are, at best, thinly sourced or, at worst, speculative.

Enter a freelance author and writer named Tim Madigan who has worked the Cops beat in Odessa, Texas and written features for the Fort Worth Star-Telegram. Madigan was the lead reporter on a story in this morning’s Washington Post that proposes to answer some of the questions Swanton will not. Post staffers Kevin Sullivan, Peter Holley, Adam Goldman and Alice Crites also contributed to the 2,400 word report. The story relies on a single, anonymous source but it is cogent, plausible and the most complete account so far of what actually happened.

According to the Post, the dispute began with the Cossacks’ refusal to pay the Bandidos “$100 a month per chapter” for the Bandidos permission to wear a Texas bottom rocker. The dispute boiled for 18 months, until about two weeks ago, “a leader of the Bandidos, a man named Marshall, from the Longview area in East Texas,” called a Cossack leader named “Owen Reeves.”

According to the Post, “Marshall invited the Cossacks to Twin Peaks on Sunday” to “get this cleared up.”

In the Post’s account, about 70 Cossacks rode into the Twin Peaks parking lot at 11 a.m. One hundred Bandidos rode into the parking lot at about 12:15 p.m. and a Bandido chapter president immediately ran into a Cossacks prospect. The prospect, “fell backward into other bikes. The guy who hit him stopped and got off of his bike and said, ‘What are you doing? Get out of my way. We’re trying to park.”

Other Cossacks came to the prospect’s defense. An unnamed Bandido and a Cossack named Richard Matthew Jordan II exchanged punches. The Bandido then shot Jordan “point blank.”

“Then,” according to the Post’s source, “all the Bandidos standing in the parking lot started pulling guns and shooting” at the Cossacks.

May 25, 2015

About 20 seconds into Arthur Penn’s 1970 film Little Big Man, 121-year-old Jack Crabb announces, “I am the sole white survivor of the Battle of the Little Big Horn popularly known as Custer’s Last Stand.”

Last Saturday, about 12 hours into a long holiday weekend, The Washington Post, a paper known mostly for it’s insightful political gossip and one of America’s half dozen newspapers of record, published a solitary first person account of another massacre – the one in the Twin Peaks restaurant parking lot in Waco on May 17 that resulted in nine deaths, 27 injuries, 17 hospitalizations and something like 178 arrests.

The survivor, unnamed but identified as “president of a North Texas chapter” of the Cossacks “motorcycle gang,” told the Post that about 100 Bandidos materialized at a Texas Region Confederation of Clubs and Independents meeting and immediately lost their minds. The Cossack, the Post explained, “is a rare eye-witness speaking publicly about the Waco massacre.”

The Cossack’s account is plausible and there is a precedent for the tragedy. On September 30, 2012 five Warbird Warlocks (who are a preeminent club in Florida) rode into the Winter Springs, Florida staging area for a charity poker run sponsored by the Harpy Warlocks. The Harpy Warlocks were affiliated with a club that has roots in Philadelphia and included several members who had been expelled from the Warbird Warlocks and one member who had previously shot a Warbird Warlock. The Harpy Warlocks seem to have been convinced that the five Warbird Warlocks were a scout party for a much larger, hostile pack and when the five rode into the staging area the Harpy Warlocks lit them up. Three men died almost immediately and two, who shot back, were wounded but survived. The Harpy Warlocks acted, they later claimed to a man, in self defense. Four men were charged with murder. A jury convicted two of them and found two of them not guilty.

The Florida case was bizarre beyond the general public’s understanding but it was not incomprehensible to people who have some rudimentary knowledge of the motorcycle club world. The Waco massacre is much more difficult for anyone to understand without relying on the sort of stale biker clichés Hunter Thompson tried, and failed, to dispel a half century ago. That is one problem with the Post’s story. Tim Madigan and Kevin Sullivan, the feature story’s main authors are naïve.

The unnamed Cossack’s account is layered with and given the same credibility as ludicrous statements made by Waco police spokesman W. Patrick Swanton. The Post also has discovered the Bureau of Alcohol, Tobacco, Firearms and Explosives report, “OMGs and the Military 2014,” which was published last July 1 and first reported here last July 11. The Bandidos are mentioned 26 times in the report. The Cossacks are not mentioned once. The Iron Order, the “law abiding motorcycle club” is mentioned eight times. The Post uses the ATF report to substantiate a claim by the Waco police that “the Bandidos, the most notorious biker gang in Texas,” are arming themselves “with grenades and C4 explosives.” Not some Bandidos but “the Bandidos.”

The Post’s story raises at least as many questions as it answers.

For example, the Post states that two large packs of outlaw bikers traveled to Waco. The Post says there were 70 Cossacks and 100 Bandidos but it neglects to mention how many Texas Highway Patrol cruisers and how many Texas Department of Public Safety helicopters followed the packs. Anyone who has ever ridden in a large pack probably has the same question. Where were the helicopters? Where were the police who followed the big packs into the Central Texas Market Place shopping center?

According to The Post, the Bandidos made a disturbance at and shot up their own event. Whether the Bandidos is the preeminent club in Texas or not, the club thinks it is. The COCI meeting had at least the tacit approval of the Bandidos and most one percenter motorcycle clubs in the world, when placed in a similar situation, would assume responsibility for keeping the event violence free.

According to The Post: “A Bandido with a patch identifying him as sergeant-at-arms of the same chapter threw a punch at Richard Matthew Jordan II, 31, known as ‘Richie,’ who was from Pasadena, Tex. Jordan punched the guy back. ‘“At that point in time, the sergeant in arms shot Richie point-blank,’ the Cossack said.”

Really? In front of at least 22 sworn peace officers? In broad daylight? In a location that was obviously well-surveilled by video cameras?

“Then all the Bandidos standing in the parking lot started pulling guns and shooting at us,” the Cossack chapter president told the Post. Really? Without a thought to what their legal defense would be? In broad daylight in front of numerous police?

The anonymous Cossack told The Post, “Three of our guys went down instantly. They caught a couple more that tripped and fell, and Bandidos were shooting at them.” In other words, the police stood and watched as Bandidos executed five Cossacks? Does that pass the smell test?

Presumably, The Post verified that its anonymous source was actually a Cossack club officer and an eyewitness. But it is unclear how he escaped and it is equally unclear how and why he started talking to a freelance writer named Tim Madigan.

The Post’s story reads like a federal racketeering indictment so the biggest question of all is whether the source is working for the Bureau of Alcohol, Tobacco, Firearms and Explosives. Has he been debriefed by the ATF? Is he under arrest now? Is he working for the government now? Was he working for the government eight days ago? Why is this man talking?

May 28, 2015

Neither the United States Department of Justice, the American Civil Liberties Union of Texas, the Governor of Texas, the President of the United States nor any of the score of smurfs and fools currently running for President has so far dared to come to the defense of the scores of men and at least two women who remain unjustly imprisoned under cruel and unusual circumstances in the McLennan County Jail.

The Southern Nevada Confederation of Clubs has stated that the jail is desperately overcrowded, that some prisoners are not being fed and that others cannot get needed medical attention. A week ago a Bandido named Jeff Battey had to post a $1 million bond before he could go to a Dallas hospital to have bullet fragments removed from his arm.

Yesterday on its Facebook page, the Southern Nevada COC said it had received the following messages from “family members” of men who were rounded up in the indiscriminate mass arrests that followed the shooting deaths of nine men and the hospitalization of 17 more following a barrage of gunfire outside the Twin Peaks restaurant in Waco on May 17.

“Third world conditions – please help!”

“My husband still has a bullet in his chest and can’t use his right hand. He has a heart condition, has a stint and a-fib, and they are trying to change his medication. He is afraid he might bleed out in his cell.” “Heart meds not being disbursed. Has bullet in chest and cannot feel hand. Believes he has nerve damage but they will not treat him”

“My brother is type 1 diabetic and is not receiving insulin. His blood sugar is 550.” “Meds not being distributed – takes insulin”

“Blood pressure meds not being given”

“No blankets or pillows. Sleeping on cold floors”

“Husband just had back surgery and was on prescription meds for pain. Simply decided to go to the meeting to get out of the house. He was told he was being given a sleep med and instead they gave him ADHD /bi-polar medication. He has also not eaten anything for almost 10 days now since surgery”
There are numerous accounts of men being illegally arrested and detained. For example, a plumber named Kenneth Carlisle was arrested because he was wearing a Harley-Davidson shirt. According to the San Antonio Express-News, Carlisle spends “most of his time raising money for multiple causes for ill children, cancer victims and survivors, wounded warriors, and cooks in barbecue competitions in which the proceeds are donated.”

Carlisle’s wife Lindsay told KABB-TV “He wasn’t wearing any vests, no colors, no bike, was in a vehicle and was in the wrong place, wrong time.” She said he had driven her car to the Confederation of Clubs Meeting and was arrested “eight minutes” after he arrived.

“This has been beyond difficult. The worst nightmare of my entire life,” Lindsay Carlisle said. “What happened to innocent until proven guilty? In this case that’s not what’s happening.”

So far, authorities in Waco have been oblique about how 26 men came to be shot; what part police played in the massacre, or why people who self-evidently had nothing to do with the shooting were arrested and charged with murder.

McLennan County District Attorney Abel Reyna has intimated that the bikers are being punished for not telling police what police want to hear. In an interview with television station KXXV, Reyna said “I’ve heard enough about my person was a victim and most of the people were victims. Well, guess what? If they’re victims they shouldn’t have any problem coming to law enforcement and cooperating to be sure justice is done and the individuals solely responsible are brought to justice. And, through the first round of interviews we aren’t getting that.”

The hard news in this case portrays the city of Waco and McLennan County as rogue governments that have gone mad.

May 29, 2015

The first of what will surely be a blizzard of federal civil rights lawsuits was filed this morning against the city of Waco and McLennan County, Texas.

Scimitar Motorcycle Club member Matthew Alan Clendennen (above) is also suing Waco police officer Manuel Chavez, who signed the criminal complaint against Clendennen and up to 177 other arrestees. Chavez’ criminal complaint states that “I hereby state upon my oath that I have reason to believe and do believe that heretofore, and before making and filing of this complaint, that on or about May 17, 2015 in McLennan County, Texas, the said Clendennen, Matthew Alan did then and there, as a member of a criminal street gang, commit or conspire to commit murder, capital murder, or aggravated assault against the laws of the State.”

The lawsuit notes that “the identical criminal complaint used in Plaintiff Matthew Alan Clendennen’s case was used to justify the arrest of more than 100 other individuals and only the names were changed in the various criminal complaints. The complaint alleges absolutely no individualized probable cause to establish that Plaintiff Matthew Alan Clendennen engaged in organized criminal activity.

“At the time of Plaintiff Matthew Alan Clendennen’s arrest, the Fourth and Fifth Amendments of the United States Constitution required probable cause to arrest a citizen before the citizen’s liberty could be significantly restrained. Chavez, aided by Does 1-10 and/or Does 11-20, presented the criminal complaint to (Justice of the Peace Walter H. “Pete”) Peterson when no reasonably competent police officer in Chavez’ position could have concluded that a warrant should be issued against Plaintiff Matthew Alan Clendennen based on the allegations against him in the ‘fill in the name’ criminal complaint.

“In addition, Chavez, aided by Does 1-10 and/or Does 11-20, intentionally withheld material information regarding Plaintiff Matthew Alan Clendennen in the criminal complaint such as the facts that he was not a member of the Cossacks nor the Bandidos, that he did not participate in any of the violence occurring at Twin Peaks and, in fact, hid from the violence.”

The suit names 20 police officers as simply Jane or John Doe.

Clendennen is a resident of nearby Hewitt, Texas and a 2011 graduate of Baylor University. The 30-year-old, married father of four and employer of six “has no previous criminal record.” He is represented by Dallas attorney F. Clinton Broden.

The suit complains that although “Clendennen was present at the Twin Peaks restaurant” he “did not engage in any criminal activity…nor did he travel to Twin Peaks on that day with the intent to engage in any criminal activity nor did he anticipate that any criminal activity would take place.”

He “was on the patio area of Twin Peaks on that day when violence began among other individuals in or around the Twin Peaks parking lot. At the time the violence erupted, Plaintiff Matthew Alan

Clendennen took cover by attempting to hide in a hallway inside Twin Peaks.” He “did not engage in any violence at or around Twin Peaks” or “encourage or solicit any criminal activity.” He “did not possess any weapons while present at Twin Peaks that day except for a closed Benchmade mini pocket knife given to him as a Christmas gift by his parents in December 2011 and which he has carried regularly since then. That knife never left Mr. Clendennen’s pocket while he was at Twin Peaks.

Despite the fact that Plaintiff Matthew Alan Clendennen committed no criminal acts he was arrested at Twin Peaks on or about May 17, 2015 without probable cause and his motorcycle was illegally seized.”
The suit further alleges: “It was also the policy of the City of Waco, as decided and approved by their policymakers to illegally seize vehicles from those illegally arrested with the hopes of selling those vehicles for a profit.”

Clendennen complains that he has suffered the costs of a defense attorney, lost income, “mental pain and anguish,” “damage to his reputation,” and “the loss of use of his motorcycle.”

He is seeking “actual damages; pre-judgment and post-judgment interest as provided by law; interest at the highest rate allowed by law; exemplary damages; cost of suit; attorneys’ fees” and “such other and further relief to which Plaintiff may be justly entitled.”

Share
,

One Response to “1096 Days Later”

  1. Whobe Says:

    Fight The Good Fight – FTGF
    Fuck The Other Team – FTOT

    Today we remember our resilience and what it means to stand up to tyrrany. We dust ourselves off, reset our pivot foot, and lock arms with our brothers. There is no outcry from society about the malevolence of MCs. The only ones dropping complaints in the box are LE and those that have ideological axes to grind. There will be more Wacos. And when they occur we will respond in kind with strength, honor, and resiliency. Make no mistake, in the end…Juntos Ganamos…Together We Win.

    ~ Whobe

Leave a Reply