Milam County Bandidos Case

December 18, 2019

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Milam County Bandidos Case

The unconstitutional prosecution of a Bandido named Patrick Lewis Vaden ended in a mistrial today in Milam County, Texas.

Milam County is close to but disowned by Temple and College Station. It appears to be a penal colony housing 25,000 inmates about 30 miles south of Waco. Vaden was stopped there in November 2018 by a State Trooper for exceeding the speed limit by seven miles per hour. The citing officer discovered Vaden was listed on a “gang registry” for being reported by someone as a member of the Bandidos Motorcycle Club.

According to Texas law named Penal Code Section 46.02(a-1)(2)(C) a person is forbidden to carry a handgun if they are a member of a “criminal street gang,” The Texas Department of Public Safety describes the “Bandidos Outlaw Motorcycle Gang” as a “criminal street gang. So Vaden, who is an Army Veteran who has bled for America and Texas and does no have a criminal record. His handgun was seized and he was being tried for unlawful possession of a weapon.

So Many Laws

Vaden had a license to carry the weapon and it was in his vehicle, which generally considered a domicile in Texas. Vaden’s lawyer, Kurt Glass, has argued that the valid license overrules Vaden’s status as a pro forma gang member. Prosecutor Adam Muery thinks Vaden’s status as a “criminal street gang” member invalidates the license. The judge in the case, a hat act named Steve Young who was elected for the first time 13 months ago, declared the mistrial pending after declaring that Glass couldn’t show the jury  Vaden’s gun license.

The matter will now go before an appeals judge. Since that appeals judge is a Texas judge, his ruling will probably be nonsensical. The Texas law itself is nonsensical. In most of the country, the pertinent law is well settled.

Free Speech And Association

To quote a Federal District Judge named Florence-Marie Cooper ruling on an analogous metter:
Limiting the rights of members of motorcycle clubs directly implicates the “First Amendment’s right to freedom of association. The Supreme Court has recognized that ‘implicit in the right to engage in activities protected by the First Amendment’ is ‘a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.’ This right is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas.’ Furthermore, clothing identifying one’s association with an organization is generally considered expressive conduct entitled to First Amendment protection…. If speech is noncommercial in nature, it is entitled to full First Amendment protection, which prohibits the prior restraint and seizure of speech-related materials without a judicial determination that the speech is harmful, unprotected, or otherwise illegal.

“Prohibiting speech of this nature constitutes an attack on a particular viewpoint.”

It is anybody’s guess what the Texas appeals court will make of Vaden, his gun, the Bandidos, the big list of “gang members” or the First Amendment. Generally the way these cases work is that prosecutors just keep being obstinately stupid until the defendant runs out of money, throws his hands in the air and gives up.

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71 Responses to “Milam County Bandidos Case”

  1. No one important Says:

    @ gandalf, sorry my comment triggered you. When you have some facts and an intelligent argument get back to me. Until then keep being a good sheep and following Rachel Maddow’s lead.

  2. Gandalf Says:

    You guys are funny…and right. Mostly. A few years back the Libs on SCOTUS declared giving a juvenile life without Parole was cruel and unusual punnishment and freed about 10 of my friends after 40+ years locked up since they were teens. That shit is REAL to me… Politics is exactly which turd smell the best but Trump talks too tough for my measure. I wouldn’t put up with some ass hole in a bar talking that smack and it annoys me. He is a New Yorker SO I KNOW HE IS CORRUPT… Stealing and hustling us. BTW Not all Libs wear Vagina hats and Millennials hate Trump… A bunch of fat, slow baby boomers might want to reconsider that civil war thing. Just say in…. My kids are Texans are armed like Ze Germans are comming.

  3. freebird Says:

    @ JMacK

    Y’all fighting over which turd smells the best

    You missed a step Amigo…..

    You have to pick it up from the clean end 1st

  4. JMacK Says:

    I love politics. Y’all fighting over which turd smells the best.

    Good luck with that.

    Hey, when you are watching the nightly news and the big orange man makes you cringe for the 10th time, just think “Well at least I’m not Canada! Those poor snow bastards are stuck with Justin Trudeau”.

    I’d take the retarded love child of Donald Trump and Hillary Clinton as a Prime Minister before I’d ever hope for an idiot like this to run our country into the ground some more.

    And we aren’t even allowed handguns so I can’t comment on the actual story here. Which is another source of bitterness.

    Merry Christmas.

    JMacK

  5. James W Crawford Says:

    If you are a member of the Bandidos OMC, you get arrested for driving 7 mph over the speed limit and the entire club gets demonized for your horrific crime.

    If you are a member of the Gaston Castle of the Knights of Pythias who gets arrested for abducting your former girlfriend and 3 year old child, murdering them, then dumping their caracasses in the woods near my home as if they were so much garbage, no newspaper will mention that you are a Pythian.

    https://www.co.yamhill.or.us/jailinmate/inmate_detail.php?inmateID=154230

  6. white witch Says:

    @dasein,

    The word you used says all I need to know about you.
    Still do not know what you are trying to say, but I can see where you and Trump probably have a lot in common. Have a nice day.

    ride free
    white witch

  7. No one important Says:

    Love Trump or hate him, but you can’t argue that the economy is doing better than it ever has. Unemployment is at an all time low. We made a better trade deal with Canada and Mexico, and are making efforts to improve the one sided trade deal with Communist China. GDP is up above 4%, and America is once again foremost on the world stage. America was put first again, and that’s doing great by me.
    That being said, the dialogue needs to remain open. Otherwise it will one day come down to a Civil War. And I really don’t think the ones wearing vagina hats waiving a rainbow flag are gonna win against the ones who believe in the 2nd amendment waiving American flags. Just sayin…

  8. Neuro Says:

    On behalf of many, I say, Fuck the Trump haters. For now, he’s all we’ve got, the “only show in town” whether we like him or not.

  9. Va. Bob Says:

    I have all but one of your books,Reb.And I’ll probably get that one,too.But it’s an interesting business model: “Trump sucks.Most of my blog readers are Trump followers .But they better buy my fucking books.”

  10. Dasein Says:

    whitewitch: your continued enjoyment of your apparent Safe Space here is my schadenfreude. Lib tears are truly one of life’s greater pleasures. Please, whine on.

  11. Gandalf Says:

    Trump about to cry about a “Speedy Trial” (#Motion to dismiss) Dude was just indicted yesterday… How long after indictment did Jake have to wait for trial? How long does anyone wait for trial.. Shame on that DA for subpoenaing for a witness who wasn’t at the Grand Jury testifying AND AFTER indictment. I’M APPALED!That Shit happens 100 times a day in USA courts. I don’t remember Moscow Mitch (or anybody) complaining about Twin Peak’s “Speedy Trial”. It’s this OBVIOUS crap that makes me think…FTW. 1%ers are right. Let it fucking burn. Heck, I hope SCOTUS/Senate rules for dismissal over a 2 month wait for trial…. We could all use that president.

  12. white witch Says:

    @ Rebel,
    I appreciate your words. I agree with you on the say anything that you feel like saying. Some dudes can not disagree without getting disrespectful and personal.
    I have issues with those kind of dudes is all. i respect anybody’s opinion as long as I am not being disrespected. A lot of dudes talk about respect until the minute that you disagree with thier point of view, respect is a 2 way street, show some and you might get some back. Thank you for maintaining this site so biker trash like myself can spout our opinions. Good work on the latest book, keep on keepin on.

    ride free
    white witch

  13. Rebel Says:

    Dear White Witch,

    For anybody reading this, I have always maintained that this comment section is the althing. (For you scholarly types I know the word should be made with the archaic letter thorn but I don’t know how to make that letter on my keyboard.) This is a gathering of men circa 930 a.d. Anybody can say anything they want. Anybody can think anything they want. That is the essence of our freedom. I personally happen to think the Trump is a fat, weak, whiny liar, coward and cheat. I understand that is a minority view here. Oh fucking well. Sometimes I am in the minority. Your truth is better than a thousand lies. Say what you feel.

    Rebel

  14. white witch Says:

    @Dasein, Don’t know if you are talking to me. but if you have something to say, say it. I stated an opinion, pukehed cried and resorted to name calling to make his point i responded with a couple of words and now you throw your 2 cents in. At least he has an opinion he does not like to talk politics on a biker site, cool then don’t respond to someone who does. Don’t know what your issue is and don’t really give a shit, FUCK TRUMP!! now that is an opinion. FUCK McConnel is another one.

    ride free
    white witch

  15. Gandalf Says:

    @freebird… Which is why 1%ers deserve respect. Wearing that “target” without fear. I prefer NOT to “have edges that catch” and every ride and piece of clothing I sport is, by design… To look like Joe Q Public. Deception is my game (or not playing)…always. Too old? Too scared? Don’t matter.. The second those cocksuckers pull my jacket… I’m fucked. So I sneaky Pete right by them. Merry Christmas and Happy New Year.

  16. Ben Says:

    “Real Men don’t lie!!”

    Shovelhead, I don’t know what a real man is like, because I never met one. Alot of people say that, before Jesus Christ died on the cross, he lived a life without sin, hence he didn’t lie. Was he a real man?

  17. Austin Says:

    Re: Gandalf ; “I see Trumpers like any other loud talking punk who will STFU the second you smack him. #LetsDoThis ”

    Tonight I will have visions of leaping up and smacking flying jujitsu kicks to every red hat MAGA I see! Back handed & sidearm, bitch slaps for all!! ….If only in my dreams….
    Love the hashtag LOL I’m usually all about Live and Let Live…. BUT I live in Devin Nunes district and his shiny billboards are every damn where. What a lame ass.

    Best of Times to All, Sips, Smokes & Snuggles all around

  18. Freebird Says:

    Having a target on your back comes with the territory…..

    Every time you throw that leg over the saddle

  19. Dasein Says:

    white triggered, what pronouns do you prefer?

  20. Gandalf Says:

    Merry Christmas FuckHead and Merry Christmas to EVERYONE, To Rebel, the “real”, the fake, the wannabees, and the cops who post here. USA, for all it’s injustices… is a better place to live than most anywhere. Lets try not to fuck it up with OUR hate… Yours AND MINE. Happy New Year too… and may you and yours not “have edges that catch” in 2020. Keep that target off your backs as best you can next year.

  21. Old & Jaded Says:

    Rebel and White Witch: Amen.

    Wishing all a Merry Christmas.

  22. freebird Says:

    @ David

    I agree with you 100% raise it or wave it is what i was taught a long time ago. The problem is even if you raise it, in all reality it is a band-aid on a bullet hole at this point in time pending litigation

  23. white witch Says:

    @ pukehead, Sounds like someone needs thier diaper changed.

    ride free
    white witch

  24. white witch Says:

    @ phuquehed

    why don’t you start your own site and then you can talk about whatever your little heart desires.I did not know that we had to clear our post through you.
    We are talking politics as it relates to bikers. get over it….or not.

    ride free
    white whitch

  25. Phuquehed Says:

    ‘WAAAAAHHHHH!! Trump is rich and I’m not!’

    ‘WAAAAHHHH!! Trump is fucking the country but I won’t offer any decent proof of it!’

    ‘WAAAAAAHHHHH!!! Trump fucked me in my ass without permission or lube so I came on here to fuck with Rebel’s stories and comments about it!’

    That’s all I’m seeing here and you fuckers whining like that should be fucking ashamed of bringing politics here, where it is NOT wanted, never has been, just because this is what it causes. Odin needs to shove some Oplopanax horridus up some asses to give people *REAL* reasons to bitch about something.

    7 or 8 years here and very rarely has it devolved into politics, and usually that thread settled down to just the few sub-morons who started the shit and just kept staying with it for unknown reasons while everyone else got fed up with it so fast it made heads spin and they just moved on to other articles because they knew better.

    If Rebel wants to let a comment section devolve into this shit and he jumpsx in, good for him. It’ll be a section I get involved in once and move on to something *better* in another article. This is one of those times methinks.

    By the way, fuckhole Gandalf…come smack me, you shit-stirring asshat. See how it happened?

  26. The Kraut Says:

    WTF? Politics? what happened to bikes/beer and bud/slutty bitches with questionable morals? And…Brotherhood…OUR fraternity of motosickle ridin’ and wrenchin’ real Americans?

    Politics deserve no place with US…the real…the veterans and some gray bearded survivors of a life style not known for tolerance of pure horseshit.

    Lets get back to scoots,ginch and ridin’….’nuf said…

    The political solution is as follows: TOSIAR

    Merry Krautmas, burn one with one you love

  27. david Says:

    @ freebird 12-19, with respect,

    We don’t know if Vadens’ defense attorney is a “public non-defender”, or if he ain’t. Public “defenders” have real bad track records in the win/loss column.

    In a courtroom, or in the case file record, failure to object TIMELY is fatal to the case. Attorneys, including Glass, know this.

    Anything the gov. persecutor, or the gov., comes up with can be challenged and/or objected to in open court, or in the record. The key question is whether the defendant will ACCEPT the bullshit, or not. Failure to OBJECT, means acceptance.

    Due process means proper procedure. Many cases have been won, verdicts OVERTURNED and cases dismissed, due to attorney controlled courts fucking up via improper procedure. The Bill of Rights protection of due process has been recognized multiple times in the appellate courts, and is in force and effect because of lack of any expiration date.

  28. white witch Says:

    Trump is a moron who is dragging this country and its reputation through the mud.
    If you think that trump gives a shit about the common man you are dillusional.
    Trump has made his bones fucking the common man.
    The man has filed bankruptcy more times than he can remember.
    He had his daddies 400 million and still can not run a profitable buisness, yet we let him run the country?! McConnell and the republicans are loving it.
    While everyone is worried about Trump they are rigging the courts and getting nothing accomplished. The difference between today’s Republican and Democrat is that Republicans want to rule and Democrats would like to govern.
    Any veteran who sides with Trump should be ashamed, that fucker pulled every trick in the book not to have to serve. He is a class A pos.

    ride free
    white witch

  29. Gandalf Says:

    I can certainly see the Logic of 1%ers supporting Trump, who support’s Putin, who support’s Anarchy and Civil war in the USA. If it comes to that your brotherhood will rule the day… #FTW. So I get it. It’s the MAGA lie and flag waving BS that bothers me. This “snowflake” simply has no tolerance for hard ass shit talking traitors and would just assume get it over with and “fight for it.” I see Trumpers like any other loud talking punk who will STFU the second you smack him. #LetsDoThis

  30. Dasein Says:

    Read someplace recently: “America is a corpse, being eaten by maggots. Liberals are rooting for the maggots. Conservatives are rooting for the corpse.”

  31. Neuro Says:

    Oh shit, we have sappers in the wire.

  32. FF Says:

    Shovelhead…

    wait a minute. So it’s not about being a draft dodger, it’s really about him not ending the war on bikers?

    I’m not getting tangled up in this myopia, displaced anger and cognitive dissonance.

    Sooner or later it always comes down to this. No hard feelings. my time is done here. Thank you.

    https://www.youtube.com/watch?v=aeGBpTFZhh4

  33. Va. Bob Says:

    Isn’t the best-known one-percenter of all time a Trump supporter ? I thought I saw an endorsement a while back.I get people hating on Trump,but look at the alternatives.Anyway,I better get some popcorn.

  34. Shovelhead Says:

    My uncle is a Nam vet, he Loves Trump. He’s also a Racist, abusive ex Cop, so that makes sense.
    Why any veteran supports trump is beyond me, He’s a lying, racist, draft dodging coward. I can take the racist part, but the rest? Nope!
    Real Men don’t lie!!

    Rich New Yorker born with a silver spoon in his mouth. Think trump is going to stop the war on 1%ers? Think again, It’s going to get worse.

    Bikers for Trump? What a fucking joke, that would be like if 81 held benefit runs for the ATF.
    I don’t care if this makes anyone mad,

  35. FF Says:

    Rebel,

    If you want to single Trump out, that’s your prerogative. That’s not my litmus test. My uncle Richard did 13 months as a 2nd LT on the DMZ, walking back and forth, back and forth from the South China Sea to the Laos border.

    He didn’t get a silver star but he got a purple heart. So did two other Marines under his command. They got theirs posthumously. I asked my Uncle one time about that fucking war, and he told me that story. How the 3 of them got the same fucking medal, but they’re dead. That was the end of our conversation.

    He loves Trump.

    Welcome home, Rebel.

  36. Rebel Says:

    Dear FF,

    I know men who died heroically in Vietnam. Multiple men. They were brave and self-sacrificing in ways that still bring tears to my eyes. Two of them got sent home with Silver Stars in their caskets. While Trump lied so he wouldn’t risk getting hurt. For fucking you. Watch your mouth.

    Rebel

    Rebel

  37. FF Says:

    @Sieg

    “it’s hilarious to see people from the most hassled segments of society jumping on the bandwagon to hate on him.”

    Just watch any ten minutes of this video:

    https://www.youtube.com/watch?v=20P40ECZVsA&t=3h31m04s

    Do you seen any “true grit” in that rabble? Any “rugged individualism”? LMFAO if you want to throw down with that lot, have at it. You’re gonna lose.

    Those are the same people that want to Scott Israel get his job back in Broward County. Bottom feeder, parasite, humorless lampreys.

    I don’t blame ANYONE who intentionally avoided the draft during Viet Nam.

    https://www.roanoke.com/news/trending/heartbreaking-obituary-reveals-a-veteran-s-three-lives-before-during/article_7109acb1-165a-541a-9daa-bfe24dffb6af.html

  38. Sieg Says:

    Way back in the 70’s when I lived in el-Lay, we didn’t go to Tejas unless it was absolutely unavoidable. Had one guy from the neighborhood got picked-up hitchhiking there, the pigs found a couple seeds in his backpack, and he got something like thirty years for possession…may still be there. It was the perceived wisdom that there were very damn few good enough reasons to visit Tejas, and live there??? Forget it.

    Same holds true today. I can’t for the life of me understand why anyone would voluntarily live there, or if they were born there, why they don’t escape into America.

    And it don’t make a whit of difference, Republicrat or Demican, they are all the same, the only difference is that the Demicans will sell us out to the banksters faster than the Republicrats will. Some are still deluded and dazzled by the show, and think that the president is part of all that. He’s not, and that’s why he is so universally hated by the media and the elite…it’s hilarious to see people from the most hassled segments of society jumping on the bandwagon to hate on him.

    FTF/FTP
    TOSIAR

  39. Saul Goodman Says:

    I thought bill of attainders were unconstitutional… but, what do I know, I just fix vending machines.

  40. Gandalf Says:

    Funny how Republicans can pass a Law making thousands of honest people criminals for having, or owning a gun, then point at the Democrats and scream, “They are coming for your guns!” (SMH) Some people are just drop dead, dog shit stupid. It is no coincidence that Pro wrestling is going bankrupt while Fox News is thriving. Welcome to the age of Trump where every rally is a WWE production (fake) and The Boss is in the Hall of Fame. Go figure.

  41. david Says:

    In the candy coated Dictatorship known as Texas, the preacher ass-kissing, church-attending,legislators relish passing as many dictatorial laws as possible, while many of the same are criminal psychopaths.In using the religious cover, they fool most people as they attempt to criminalize large segments of the population, while they themselves are criminals. They PROJECT their own criminality on others. And most of ’em are attorneys.

    Defense attorney Glass knows a person’s legal standing, or STATUS, is everything in court. Am wondering if he challenged the persecutor’s position in identifying Vaden as a “criminal street gang member” or, if he EVEN objected to it.

  42. freebird Says:

    The database is nothing more than a back door to circumvent the rule of law @ the front door.

    Once your in the database there is no such thing as due process to challenge it

  43. Desdicado Says:

    Hey Chuck, the only reason this is even a topic is that without the help from the NRA there would be no concealed carry in Texas. They have never stated they would be there to help every individual every time they got cross ways with the gun laws. If the shit show in Texas ever gets to the Supreme Court,which is the only place it will ever get fixed, then you might see the NRA bring out the big Guns. Till then, in the best of American fashion, each man must stand his ground against the bullshit.

  44. Chuck Says:

    How many are you folks big supporters of the NRA? Where are they in these cases? You’ll notice a roaring silence from that worthless organization. NRA: “give us your money.”

  45. Maven Says:

    This is so crazy to me. So basically you can lose your rights as enumerated in the Bill of Rights based on your affiliation with an organization.

    The law might as well be:

    According to Texas law named Penal Code Section 46.02(a-1)(2)(C) a person is forbidden from FREE EXPRESSION if they are a member of a “criminal street gang”.

    Unbelievable.

  46. white witch Says:

    gotta luv Texas

    ride free
    white witch

  47. Vince P Says:

    The saddest part of rights violations like this one is the fact that the government routinely commits violations of citizens rights as long as it suits their purposes. This will not get any better in my opinion. I would not be surprised to see Marshall Law declared before next November.

  48. Paladin Says:

    Texas Penal Code Section 46.02(a-1)(2)(C) states a person cannot carry a handgun if they are a a member of a criminal street gang, as defined by Section 71.01

    However;

    Section 46.15(b)(6)(A)(B) says Section 46.02 does not apply to a person who is carrying a LTC issued under Subchapter H, Chapter 411, provided they are carrying correctly, which Vaden was doing.

    Coryell County Judge Steve Young would not dismiss the charges against Vaden. Stating: “Common sense dictates” that a LTC should not invalidate the penalties in section 46.02.

    Obviously; Judge Young believes that extra judicial punishment is due someone that finds him or herself in his courtroom for the crime of being a law-abiding citizen. Does the foregoing sound really stupid? It should.

    Paladin

  49. commonsense Says:

    First got your book in the mail today thanks. My question is if he was considered a gang member how did he get a license to carry. Lets assume he got the license to carry first. If he was then considered a gang member was he notified by the state to relinquish his license ?

  50. No one important Says:

    This might’ve been the reason Shaw put out that bullshit story. A last ditch effort to sway a jury. Fuck the media!

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