Waco Day 1714

January 25, 2020

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Waco Day 1714

Be warned, that I am now going choke you with pages of legalese but the words might turn out to be important for you to know or for your lawyer to know. If you get lost reading it just skip to the end of this story.

Last month, six days before Christmas, Judge Jim Jordan, who mostly makes his money as a professional mediator and arbiter, issued the following order.

The Legal Notice

Please take notice that the Waco Police Department and the McLennan County District Attorney’s Office are accepting requests for the return of property related to the May 17, 2015 incident at or near the Waco, Texas Twin Peaks restaurant. Submit requests at [insert website address

It is further ORDERED that any person requesting return of Property 0r Firearm, shall submit aRequest for Return 0f Property Via the Website3 (the “Request”). The contents 0f the Request are attached hereto as Exhibit 1.

It is further ORDERED that the Website will be active until further order of the Court. It is further ORDERED upon submission 0f the Request, an electronic version of the Request will be automatically Via the Website served on the Waco Police Department, the McLennan County District Attorney’s Office, and all parties in this multidistrict litigation (“Notice 0f Request”), as well as anyone else Who requests such in writing submitted t0 counsel 0f record for any of the foregoing entities.

It is further ORDERED that the Waco Police Department and the McLennan County District Attorney’s Office shall follow the procedures outlined herein as long as this multidistrict litigation 0r either the Smith 0r Jesus Rodriguez cases is active including any appeals. It is further ORDERED that anyone objecting t0 the release of the requested property, including any law enforcement agency, shall have TWENTY-ONE (21) days following the date the Website serves the Notice of Request to object thereto by filing a Notice of Objection to Release 0f Property in the form attached hereto as Exhibit 2. The objection(s) shall be served 0n the requestor, the Waco Police Department, the McLennan County District Attorney’s Office, the Court, and all parties in this multidistrict litigation by electronically filing same in the In re Twin Peaks Waco Litigation multidistrict litigation.

It is further ORDERED that if n0 objection is filed within 21 days in accordance with the preceding paragraph, the Waco Police Department and/or the McLennan County District Attorney’s Office shall present an agreed order for return 0f the requested property t0 this Court as Order for Release of Property Without Objection within TEN (10) days after the TWENTY-FIRST (21) day following receipt of a Notice of Request in the form attached hereto as Exhibit 3A [for the Waco Police Department] and Exhibit 3B [for the McLennan County District Attorney’s Office]. The Order for Release 0f Property Without Obj ection shall be served on the requestor, the Waco Police Department, the McLennan County District Attorney’s Office, the Court, and all parties in this multidistrict litigation by electronically filing same in the In re Twin Peaks Waco Litigation multidistrict litigation. Upon entry of said Order by the Court, the Waco Police Department and/or the McLennan County District Attorney’s Office shall promptly return the requested property to the requestor. Objections must be based 0n a good faith belief that an examination 0f the property in question will produce evidence relevant for the purposes of discovery in the Smith or Rodriguez cases or as evidence in a potential criminal prosecution 0f an offense not barred by the statute of limitations. It is further ORDERED that if an obj ection to release of any Property is submitted, the party objecting to the return of the Property shall have SIXTY (60) days after the Notice of Objection to Release of Property is served to meet and confer with the party requesting the return of the Property.

It is further ORDERED that during said 6O day period, the parties in this multidistrict litigation may conduct nondestructive testing, inspection, and photography 0f the Property in cooperation with the Waco Police Department and the McLennan County District Attorney’s Office With reasonable prior notice t0 all parties in this case. N0 destructive testing 0r permanent alteration ofthe Property may occur Without further order of this Court.

t is further ORDERED that, if no resolution is reached, the party objecting t0 the Property release may file a motion t0 retain the Property in this multidistrict litigation. The motion shall be styled as In re [Insert Properly Description] and shall be served 0n the requestor, the Waco Police Department, the McLennan County District Attorney’s Office, the Court, and all parties in this multidistrict litigation by electronically filing same in the In re Twin Peaks Waco Litigation multidistrict litigation. The motion shall thereafter proceed in accordance with the Texas Rules 0f Civil Procedure and the Local Rules of the Dallas County Civil District Courts. A motion to retain will stay any release 0f the Property and the Property shall not be released without further order 0f this Court. Appellate review of any order regarding Property disposition shall stay any release 0f the Property.

It is further ORDERED that all Requests concerning Firearms shall follow the procedure outlined below.
It is further ORDERED that anyone objecting t0 return of a Firearm, including any law enforcement agency, shall have SIXTY (60) days following receipt of a Notice 0f Request t0 obj ect thereto by filing a Notice of Objection t0 Release of Property in the form attached hereto as Exhibit 2. The obj ecti0n(s) shall be served on the requestor, the Waco Police Department, the McLennan County District Attorney’s Office, the Court, and all parties in this multidistrict litigation by electronically filing same in the In re Twin Peaks Waco Litigation multidistrict litigation.

It is further ORDERED that if no obj ection is served within such 60 day period in accordance with the preceding paragraph, the Waco Police Department and/or the McLennan County District Attorney’s Office shall present an agreed order for return of the requested property to this Court as Order for Release 0f Property Without Objection Within TEN (10) days after the SIXTIETH (60) day following receipt of a Notice of Request in the form attached hereto as Exhibit 3A [for the Waco Police

Department] and Exhibit 3B [for the McLennan County District Attorney’s Office]. Upon entry of said Order by the Court, the Waco Police Department and/or the McLennan County District Attorney’s Office shall promptly return the requested property t0 the requestor.

It is further ORDERED that if an obj ection to release of any Firearm is timely filed, the party objecting t0 the return 0f the Firearm shall have ONE HUNDRED TWENTY (120) days after the Notice 0f Objection to Release of Property is served to meet and confer with the party requesting the return of the Firearm.

It is further ORDERED that during said 120 day period, the parties in this multidistrict litigation may conduct nondestructive testing, inspection, and photography of the Firearm in cooperation with the Waco Police Department and the McLennan County District Attomey’ s Office with reasonable prior notice to all parties in this case. No destructive testing or permanent alteration of the Firearm may occur without further order of this Court.

It is further ORDERED that if no resolution is reached, the party objecting to the Firearm release may file a motion to retain the Firearm in this multidistrict litigation. The motion shall be styled as In re [Insert Firearm Description] and shall be served 0n the requestor, the Waco Police Department, the McLennan County District Attorney’s Office, the Court, and all parties in this multidistrict litigation by electronically filing same in the In re Twin Peaks Waco Litigation multidistrict litigation. The motion shall thereafter proceed in accordance With the Texas Rules of Civil Procedure and the Local Rules of the Dallas County Civil District Courts. A motion to retain will stay any release 0f the Firearm and the Firearm shall not be released Without further order of this Court.

That’s Over Now

The website you need to visit to visit to inspect a list of everything Waco has been holding for the last five years is at https://www.17may15propertyreturn.com/

The seized items include guns, cellphones, wallets and other personal effects. Some of this property belongs to dead men and it includes items their survivors might want to recover.

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10 Responses to “Waco Day 1714”

  1. PJ Says:

    Hey Rebel –
    Any chance of a link to the order, or any other news about it?

    Also +1 on Paladin’s question about the civil suits.

  2. david Says:

    The attorneys who wrote THAT bullshit, may have been getting paid by the WORD! ha! Fuck them, and the limo they rode into town in.

    As per forfeiture, a term the wealthy attorney cock-suckers really like to use, what they probably are NOT aware of is ANY government, anywhere in the world, FORFEITS its ability to govern when it fails to secure certain inalienable rights possessed by the people the cock-suckers falsely claim to govern,a very important issue they do not want anyone to be aware of, or speak of. Fuck them.

  3. Gandalf Says:

    Best to leave those guns and call it a loss. LE has the ballistic fingerprint of those weapons now. Better safe than sorry. Like jrino said, LE might contest it too… You might wind up on that gang list just because they contested it. They could also find an old incident and Red Flag you. Making it impossible to buy another… Call it a loss and buy a new gun.

  4. jrino Says:

    Fast forward and anyone on the “Texas gang list” will probably get fucked around for the guns and motorcycles by the cops.
    “Hey buster we don’t want you to get your guns back cause you’re a gang member, you’re going to gang bang with that gun and use your cycle to transfer drugs! We are here to serve and protect if you property is used in a crime we’re responsible! By the way that motorcycle is not registered in Texas so we can’t release it!”

  5. Paladin Says:

    Rebel;

    Any update on any of the civil suites that have been filed?

    Paladin

  6. Bone Head Says:

    This is more of the “punishment” phase. After being held, arguing with attorneys, and the damage done to families’ relationships, it is now time to heap more mental stress on those victims. One can only hope that one day Waco officials have to stand before God and listen to him…they listen to no one at the present.

  7. Sieg Says:

    OS, you got it…the large print giveth, and the fine print taketh away. If you want your shit, especially if it’s a piece, be prepared to wade through a sea of ink and wait for months and months at every step.

    Oh, but it’s all so fair and impartial.

    FTF/FTP
    TOSIAR

  8. white witch Says:

    A long time for this to happen but at least it sounds as if the judge is siding with the bikers on their property. someone in Texas judicial system with some common sense…very rare in Texas. I hope it works out for the bikers.

    ride free
    white witch

  9. oldskewl Says:

    This is how they drown you in paperwork and legal jargon to keep your shit. Some of the men and women affected in this fiasco have already spent their life savings, lost jobs, homes all to the DA’s delight. This is exactly how they get you, they wear you down, throw out plea bargains and all the while it doesn’t cost thema friggin dime.

    Texas taxpayers have no idea the money they’ve spent on a big “nothing burger”.

    OS

  10. Voltaire Says:

    Followed the link and felt like I was reading a list of plane crash victims or passengers of the Titanic. It drives home the unbelievable injustice done in Waco and more importantly the injustices still capable by a government in the United States. Just unbelievable.

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