More Waco Lawyering

September 15, 2018

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More Waco Lawyering

Houston attorney Paul Looney took another shot yesterday at trying to get the indictment against Bandido Motorcycle Club member Marcus Pilkington dismissed.

Pilkington has had a remarkably difficult life. He suffers from the aftereffects of a traumatic brain injury. He was wounded during the Waco Twin Peaks Mass Murder on May 17, 2015 and subsequently arrested. He had an annual salary of about $12,500 at the time and he was held on $1 million bail. He was the last of almost 200 defendants in the case to make bail. He was finally released on November 2, 2015.

He was one of 155 people indicted for organized criminal activity for attending a Texas Confederation of Clubs and Independents meeting at the Twin Peaks restaurant. Like all but one of the Twin Peaks defendants, he has never been tried. The only defendant to be tried so far is another Bandido.

Christopher Jacob Carrizal was tried last year. McLennan County District Attorney Abelino Reyna and three assistant district attorneys, who have all since either quit or been fired, thought Carrizal would be the easiest defendant to convict. After six weeks, Carrizal’s jury hung. Reyna lost a bid for reelection last March.

After the election charges against most of the indicted were dropped – which seems to suggest that the case was always tainted by politics.

Re-indictment

Twenty-four of the original defendants were re-indicted last May 9. Pilkington was one of them. At the beginning of June, Looney and attorney Mark Thiessen sought to dismiss that re-indictment. They filed their motion with Judge Matt Johnson (above). It argued:

“A felony case in Texas must proceed by indictment,” the Houston lawyers complain to Johnson, “but cannot proceed by TWO indictments. Yet that is what the State has apparently attempted to do herein, although it is not entirely clear whether the State intends the new indictment to supplant or to merely supplement the prior indictment, which has not formally been dismissed. The State issued a new indictment carrying the same cause number as the original indictment in this case, yet charging a different offense. An indictment cannot be ‘supplemented’ or superseded by way of a new indictment. There is nothing in statute, rule or law that allows the State to do what they have attempted to do herein. New charges require a new indictment, proceeding under a new cause number. Once a case has been initiated by indictment, the indictment can be amended. but such amendments can only be made pursuant to Tex.Code Crim.Proc. Arts. 28.10 and 28.11. These procedures were wholly ignored by the State, and therefore the indictment issued on May 9, 2018 in this case is improper as a matter of law and must be quashed and dismissed.”

Denied

Judge Johnson held a hearing on the motion on July 27 and denied the motion on August 24.

Now Looney, who thinks the law is clear on the subject, not foggy, is appealing the denial to the Tenth Supreme Judicial District, a state appeals court which also happens to be in Waco. Looney filed a petition for a Writ of Mandamus – which is to say he has asked the higher court to order Johnson to obey the law.

The prose in the dense, 55-page motion does not sing – not that it necessarily should. “Replacing the charging instrument with a new charging instrument is an amendment as a matter of law,” a paragraph on page 10 begins. “In fact, in civil cases, filing an Amended Complaint (the practical equivalent of the indictment in a criminal case) to include new allegations, or drop existing ones, is routine. See Tex.R.Civ.P. 63. The case then proceeds on the amended pleadings, and the original pleadings are no longer active. There are simply no analogous rules involving criminal pleadings. Instead, we have Rule of Criminal Procedure 28.10, which strictly limits the ability of the State to amend existing pleadings.”

The real issue the petition asks the appeals court to decide is whether a judge should be compelled to follow the letter of the law or should he be permitted to say “close enough.”

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33 Responses to “More Waco Lawyering”

  1. Rhonda Says:

    Okay. So this is why Jeff always said not to speak on social media or to news outlets. Other than the fact thatbwords get twisted, but u get pissy with eachother and start spouting off things you shouldn’t. Things the women should not even know about. Much less be repeating and posting. Smh. Now it’s out there Andie anyone and everyone to see. Even if u delete, it’s been said.
    So do all of us a favor that ‘have a dog in the fight’, and shut the hell up!!! Omg. For once. Stop talking and running your mouth and also stop bragging about donations. Really? Once u share about a donation made, it’s no longer one. It’s a chore then. And all value is lost. So simply shit up. Nothing u say on here king to make a bit of difference anyway. Other than the shit u are giving to da, feds, etc.

  2. Paladin Says:

    @ Anon & Others;

    Gandalf, Neuro, and jrino are all aliases used by Lee West.

    Paladin

  3. Not Surprised Says:

    @neuro. All this money you’ve donated to whomever you donated it to…why do you think because of that “you don’t deserve to be treated a certain way? ” Money can’t buy class. Bragging about it on a public forum 8s llow class. Take your reciepts to a club member and explain how ill treated you are. All clubs appreciate supporters. 95% of those who call themselves that have never met a member. There is more to it than a sticker off e bay or liking a FB page. I other words by bringing up your donations, you negated the reason for donations: because you believe in this or that club for whatever reason. As for Peachy, Ive never had the pleasure. But Paladin I know. He’s not superior to me, but he walks in many worlds. Also, there is a world of difference in reading about this lifestyle and getting involved in the events of the local chapter. Show up, support their sponsored events. You will find out very quickly what value you are. Take what Ive said for what it is worth to you

    It

  4. Anon Says:

    Paladin wrote:
    “@ Neuro / Gandalf / jrino (Lee West)

    The fact that you don’t know how I could claim to know what I know, living out West of the West is meaningless. One of the many things I know is that your obsession with this club and this particular individual may cause you everlasting sorrow.

    Paladin”

    Listen to Paladin. The men Paladin have addressed have gone beyond stupidity and into the realm of sticking their nose into club business. Don’t do that. You have no right to do that. To put it more directly: if you keep it, the world is a small place, and there is just no telling who you’re going to run into.

    I am a gimp with brain damage and I can no longer ride- when I finally got where I wanted to be a woman in an SUV pulled out in front me. I will tell you that this is not a lifestyle, it is not a hobby. It is not a weekend gag, this is not cheering for one team over the other, this is not cheering for the government to lose. This is life and it is life or death. If you want to find out what being a just a regular old 1%er is like, find your nearest revolver and load it a round. I once knew how many spins of a 6 sided dice was random, but I’d say spin the cylinder at least 10 times.

    The put the gun to your head and pull the trigger. Congratulations, you just survived being a 1%er for a day. Nobody hit your bike, no tar snakes wrecked you, no stupid MF’er “didn’t see you”. You didn’t get patch pulled for doing or saying stupid shit. You didn’t get brotherfucked. Club politics didn’t cause you to lose your patch.

    Take a piece of advice I offered another poster: shut the fuck up.

  5. Neuro Says:

    Yes, thanks OS, you’re right.

  6. Paladin Says:

    Lee West;

    There’s a legend that when the world was created there were thirteen gods. Twelve of those gods didn’t know the identity of the thirteenth. So to learn the stranger’s identity, they invited him to a banquet. To their everlasting sorrow he came. The thirteenth god was Death.

    Paladin.

  7. oldskewl Says:

    @ neuro,

    You never know what you don’t know which is why I tend to lend caution to those on the web. In most cases MC members don’t post on a case pertaining to their club however, I’ve seen it (claimed) on here before.

    It’s always best to fly under the radar in all circumstances, especially when naming your support or affiliation with an MC on the internet. If you’re part of the life then you already know what I’m telling you is correct.

    have a great day.

    OS

  8. oldskewl Says:

    Paladin Says:
    @ Neuro / Gandalf / jrino (Lee West)

    The fact that you don’t know how I could claim to know what I know, living out West of the West is meaningless. One of the many things I know is that your obsession with this club and this particular individual may cause you everlasting sorrow.

    Paladin

    Paladin,
    Some people gotta learn shit the hard way, doesn’t matters how times you point them in the right direction, like a dog that doesn’t listen, they still go after the porcupine.

    respects,
    OS

  9. Neuro Says:

    Thanks for the warning, trickbag.

  10. Paladin Says:

    @ Neuro / Gandalf / jrino (Lee West)

    The fact that you don’t know how I could claim to know what I know, living out West of the West is meaningless. One of the many things I know is that your obsession with this club and this particular individual may cause you everlasting sorrow.

    Paladin

  11. Neuro Says:

    I don’t know how you claim to know so much down in So. Cal, Paladin. Jrino talked the crap but then me and freebird got dragged in. Marcus’ story is well documented in the newspapers, that’s hardly gossip. I have donated plenty and don’t deserve to be dissed or talked down to. This whole story is very public knowledge if you hadn’t noticed. I am close to your age, please spare me the condescension. I have been supportive to the BMC.

  12. Paladin Says:

    @ Neuro;

    Peachy has a lot more skin this game than you or others that post here can imagine. I happen to know this for a fact and as the host of this site has said in the past “I know a lot more that I say”. That being said; unless you or others that post here are personally involved, a little respect and a lot less gossip would be appreciated by some.

    Paladin

  13. Neuro Says:

    It’s a kevlar hat now, and I have the receipts, loudmouth.

  14. Neuro Says:

    Typo, should have been 2002.

  15. Peachy Says:

    @neuro Mind your own business. You have been told that before but do not seem to listen. Your tinfoil hat is not needed. Or your imaginary money.

  16. Neuro Says:

    Peachy, you should have addressed that directly to jrino, since he was the only one who asked. Some of us answered to him. I am continuing to donate to the defense, so I can pretty well say I have given more money than you, or anyone else on here for that matter. If the bike club doesn’t like comments, a member can come on and tell us. It’s like the guys at Harrah’s in 2012, when you create such an incredibly public spectacle, you are now fodder for public speculation and discussion. You have become a nightly news item at that point, kiss privacy and anonymity goodbye.

  17. Peachy Says:

    Why is anyone even talking about his bail when it is not the point of the story? It is none of your business but to stop the shit talking… they refused to reduce his bond from 1 mil. After a certain amount of time the court was required to reduce it by law. Once it was reduced money was collected from various donors.

  18. freebird Says:

    @ jrino

    IMO it’s club business….. That’s why i chose the short version

  19. Neuro Says:

    Marcus had multiple charges pending in several jurisdictions, so I don’t think bail, overall, was an option. Looney is a loon.

  20. jrino Says:

    Phuquehed:
    I’m not telling your {a} club to do anything… asking why is not telling anyone to do something. Do exactly what you want.

  21. Phuquehed Says:

    Hey, jrino, tell us what fucking dog you have in this race and how it is you should be telling anyone what a club and those in it should or shouldn’t be doing? As far as you know, maybe all those brothers you just dragged into your pathetic argument *DID* try but bail was refused.

    STFU

  22. Willow Says:

    Where is Amber kay

  23. 31st Says:

    In the past 25 years, the paradigm shifted. Some people missed it, because they were born during it.

    How do you explain to someone who was born in the 90’s what the Soviet Union, was? The Viet Cong?

    They don’t know and worse than that, don’t care. They are proud of being ignorant.

    And that’s why the government can manipulate them so easily.

    You look at these mug shots, after group arrests. Always 2 or 3 graybeards, and the rest are 20 something feral breed fucktards.

    Where at the 30 year olds? 40 year old?

    Well, they got picked off somewhere along the way, just like the 20 something feral breed fucktards will.

    It’ssimilar to the American Corporate Pyramid— the higher you rise in the pyramid, the less the number of competitors BUT the tougher the competition.

    Like Pink Floyd says in Dogs, “you know it’s gonna bet harder and harder, as you get older”.

    What price, success?

    https://www.youtube.com/watch?v=idOyb3kMseI

  24. jrino Says:

    freebird;
    “I suspect the short answer is they are not as rich from alleged illegal activity as the govt would have you believe……” yeah no money in Texas or New Mexico or Colorado or the dozen other states where his brothers live and work….

  25. freebird Says:

    @ jrino

    I suspect the short answer is they are not as rich from alleged illegal activity as the govt would have you believe……

  26. jrino Says:

    In regards to incarceration, and once the bail was dropped, it begs the question why his club brothers didn’t bail him out…

  27. Griz's Gal Says:

    Y’all don’t want to give up on Mr. Looney. That ol dude is sharp as a tack!

    GG

  28. 10GAUGE Says:

    This is madness…there is no justice…JUST US!
    FTF FTP FTMFP
    10G

  29. Shutup Says:

    Free Mad Mark.

  30. david Says:

    First in fact and importance, a court is an entity separate from it’s judges,including the Chief Judge of the District Court.

    Second, the Chief judge is ultimately responsible for the ajudication of all cases before the court, in a lawful manner.

    Johnson, with clear conflict of interest in Jake’s BS proceedings due to his law partner’s prosecution which did not prevent him from presiding in THAT case, by his continued clear disregard for Texas criminal procedural law in the Marcus case, is not only lawless on the bench, he couldn’t be a candidate for a dog catcher position.

    His denial of Marcus’s Motion To Quash the BS second indictment, is prima facie evidence of his complete incompetence or, his active, subversion of law and obstruction of justice. Grounds for malfeasance in office.

  31. Gordo Says:

    Ignorance of the law???

    A Judges duty is to apply the law without bias on the issues/facts/evidence before them

    Ignorance of law by a Judge??

    Hopefully these new attempts to get justice for the persecuted will be successful

    Thx for update

  32. freebird Says:

    With as much skin as Johnson has in this very public lynching, I would fully expect him to admit he had sex with his grand mother first

    This one will leave him with rope burned hands…..

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