Another Waco Lawsuit

August 25, 2015

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Another Waco Lawsuit

A Waco attorney named Hamilton Lindley filed a lawsuit late last Thursday against Twin Peaks Restaurants and the owners of the Twin Peaks franchise in Waco for injuries and distress caused during the Twin Peaks Massacre last May 17. The plaintiffs, who are only identified as Texas residents M.K.H. and C.R.H., are seeking “monetary relief between $500,000 and $1 million.”

The suit cites as “facts:”


“In defiance of repeated law enforcement warnings, Twin Peaks invited rival biker gangs to its Waco restaurant on May 17, 2015. Predictably, these rival gangs—fueled by Twin Peaks’ alcohol—began fighting. Nine people were killed and more than 18 were injured as a result of the gross negligence of Defendants. Police recovered more than 300 weapons from the scene, including more than 100 pistols and an AK-47.”

“Plaintiffs—who are unaffiliated with any biker club—were having lunch inside Twin Peaks at the time the shootout began. When bullets began flying, Plaintiffs were trapped inside Defendants’ property and forced to find cover to avoid being shot. Plaintiffs suffered personal injuries including cuts, bruises and abrasions. Plaintiffs also suffered damage to their personal property and significant emotional trauma.”

“The May 17 biker gang shootout was the crescendo to a symphony of violence at Twin Peaks. Starting on August 31, 2014, two disturbances were reported by Waco Police at Twin Peaks in Waco. On February 2, 2015 and February 15, 2015, disturbances again occurred at Waco’s Twin Peaks. On May 1, 2015, the Texas Department of Public Safety issued a warning of conflict between rival motorcycle gangs—the same gangs that Twin Peaks reserved space for at its Waco location. Police warned Twin Peaks—in both Waco and Dallas—about the May 17 biker reservation three days before the shootout. Twin Peaks ignored law enforcement’s concern. On the morning of May 17, concerned Waco Police arrived at Twin Peaks to protect patrons. But they were asked to leave the Waco location by management. Despite being awash in violent events and direct warnings by law enforcement, Twin Peaks proceeded to have this biker gathering, with a reservation for 300 people.”

Three Other Suits

The latest suit raises the possibility that Lindley may have uncovered previously unpublicized details about the prelude to the Massacre. For example, the two police calls on August 31, 2014 were described by police with the code “1015,” which usually is the “ten code” for a “civil disturbance.” Until now, those two police calls have seemed independent of any biker club disturbance. The February 2 incident appears to have been a traffic accident. The February 15 incident was described by police as a “1016,” which is usually code for a “domestic problem.”

Three previous lawsuits have been filed as a result of the Massacre: One of those pits the owners of the neighboring Don Carlos restaurant franchise against the Twin Peaks franchisor; a second is the dispute between the Twin Peaks franchisor and the franchisee; and the third is the dispute between the survivors of Jesus Delgado Rodriguez and the Twin Peaks franchisor and the franchisee.

There is some dispute in all three of those suits about who the Waco Police notified that the biker gathering on May 17 was potentially dangerous, the urgency with which that warning was given and when the warning was made. On August 11, a Dallas court ruled that the three lawsuits then filed were related and would be tried together.


24 Responses to “Another Waco Lawsuit”

  1. I am MKH Says:

    All you ass clowns who clearly are just trolls, DO NOT know the story. We are out $11k because of this incident, that we had absolutely nothing to do with. We tried to settle outside of court, with twin peaks, because 1) we are a substantial amount of money
    2)we are good people and just wanted what we were out of pocket
    3)we arent sur happy or greedy people, we asked for the amount we are and TP claimed no liability and tried to push for a 3rd party claim so they can push the guilt off on the bikers you ass hats so readily defend.
    So… with that, we took the further steps to get our money back. How about the fact that i absolutely still cant sleep because i constantly see men with bullet holes through their necks. YOU DONT KNOW YHE REAL STORY! What if i had been shot that day? I have 2 kids, who would take care of them? Where would they go? Maybe you should consider the extensive trauma witnessing such an act can have on a person before all your hateful comments contribute to my sleeplessness. -MKH

  2. Mike Smith Says:

    I have said it before, these lawsuits are the best thing for those of use interested in proving that the LEO’s set this thing up.

    Wanton Negligence is the legal theory for these lawsuits. That pays treble damages. Twin Peaks, et al. have big fat insurance policies just for this kind of accusation.

    The insurance companies are wealthy multi national entities that owe no allegiance to anyone but their share holders. They will burn down the LEO’s to keep from paying one red cent that they do not owe.

    As soon as these law suits get piled up in the State Courts the insurance companies will have them moved to the nearest federal court.

    The very firs thing that the insurance companies will do after that, is move to have the cases dismissed based upon the fact that Sargent Swanton is lying. Then it will be put up or go home time for the LEO’s. The backup motion to dismiss will be that the wrong parties have been sued and rightfully point the finger at the LEO’s.

    IMHO, the insurance companies already have investigators on the job. Those investigators are doing interviews and compiling evidence and making mock combat scenarios.

    The LEO’s set this up from way back. There is a book out on Amazon called: “The Waco Texas Biker Massacre.” it gives a great idea of more than how this came about, but why it came about.

  3. Pamster Says:

    I tend to agree with most of these posts. Yes, SMDH.

  4. CELT Says:

    If the Waco PD and the good old boys were in fact after the Twin Peaks Restaurant, one look at the management will tell you why. The four guys pictures in the link at the top of this page are a little too dark for Swanton and his evangelical nazi boys. Couple that racial hatred with a hatred for bikers fueled by Steven Cook’s BS and you have the perfect storm. SMDH it only seems to get worse every day.

  5. Johnny D Says:

    BTW, the clubhouse that was raided did not contain a single trace of any type of drug.

  6. tiopirata Says:

    @Rebel. That must have been painful to write, sure was painful to read those ‘facts’
    @Gandalf. Indeed ‘The king has no clothes ‘
    I concur with those here who contend that this lawyer and his plaintiffs are LEA shills. The purpose of this suit is to produce this headline, no more then that, and is as clumsy as that cooler and suitcase in the car park. The discovery that would arise from this suit would, in my view, create enormous difficulties for LEAs, I expect it will be withdrawn.
    Keep the shiny side up.
    Tio Pirata 1%er

  7. Johnny D Says:

    First off the Texas AG is under indictment. It turns out he is as crooked as the day is long. I wouldn’t expect any sympathy from the governor, he is probably salivating over the possibility of signing death warrants for bikers. As was stated in response to a previous Rebel article about a cop being shot in the back by a biker who was in front of him, the bullets flying into Twin Peaks and endangering customers is proof that ” ACME has finally perfected their long awaited U-turn bullet”. The number of weapons found at the scene initially included wallet and vest chains, pocket knives, and a pair of steel toe boots. The first count was 100, a few days later it was 1,000, then revised to 300. The AK-47 was found in a car in the parking lot. If the type of bullets found in the bodies had come from any gun in possession of any biker, it would have been blasted all over the news media as proof that it was the bikers shooting. The fact that it has been more than 90 days of silence speaks volumes about the evidence they are withholding. These lawsuits against Twin Peaks are furtherance of the misinformation being spewed by Waco PD. Those cocksuckers mounted video cameras on the poles around the parking lot for fuck’s sake. Why aren’t those being subpoenaed? While I feel very sorry for those customers who fell and scraped their hands, fuck their idiocy. The Waco PD took their phones and kept their vehicles to search. Many of the guns found belonged to employees and customers. All the phones were scrubbed prior to return. They should be suing the LEAs for loss of their private information. In Arizona, LEAs are even going after motorcycle shops to put up “no colors” signs as well as threatening new bars and restaurants. One MC in Mesa was recently raided on a tip from a confidential informant that they were dealing in meth. The police had been going around telling bar owners that the club was a know distributor of meth, and threatening to take their liquor license or sit in the parking lot and harass customers until the bars closed, both of which are illegal in AZ. The clubhouse was destroyed, pictures, the bar, all bottles smashed, every club symbol seized as evidence. They estimate it will cost them at least $10,000 to restore their house and probably $15,000 in legal fees to recover their stolen property. Luckily the pictures are all on digital files and can be replaced. This is a war, make no mistake about it. We need to come together nationally to fight for our lifestyle.

  8. tiopirata Says:

    @Rebel. This must have been painful to write. Those ‘facts’ sure were painful to read.
    @Gandalf. Indeed ‘The king has no clothes’
    I concur with some here who contend that the lawyer and plaintiffs are LEA shills and that this suit is intended to produce that headline and no more. It seems as clumsy as that conveniently placed cooler and suitcase, though somewhat less effective. For them to follow this through will create more discovery then the state would be comfortable with and I fully expect this action to be withdrawn.
    Keep the shiny side up.
    Tio Pirate 1%er

  9. NOS4A2 Says:

    @Simple Man
    After the incident on the Corona Freeway a while back the pigs made the rounds to all of the restaurants in my 91709 area making the same threats. Managers and Proprietors not knowing the pigs can’t shut them down and of course believing the them because the police NEVER lie, punked and banned colors. Shit man we had been having church at one place for years without problems of any kind. The same place had been doing bike and car shows twice a season and inviting our club to attend. That manager even told me he had more trouble with loud mouthed, “you know who I am” drunk off duty cops than anyone else.

  10. popeye Says:

    Worthless cunts trying to make a buck while the real victims continue to suffer. This will only help to muddy the waters even more.

  11. Rojas Says:

    Might as well put this one here.

    Direct link.

  12. TXBiker Says:

    @Simple Man,
    So it’s 42 rounds now? Originally The Supreme spreader of Wacko Bullshit said only 12 rounds were fired by 3 members of the outlaw Wacko PD gang……

  13. Simple Man Says:

    I agree the plaintiff’s are suing the wrong respondents. It is known all over the Counrty that LEO do come into places who serve bikers and threaten them to discontinue serving “those bikers” or they (The LEO) will have the bar shut down. This has been discussed here several different times where cops were refusing entry into-even the County Fair or the local shopping mall where the plaintiff’s sued and won over discrimination. And, I’m taking a guess here, that was the same presentation brought to Twin Peaks. Twin Peaks refusing to discriminate against bikers didn’t get these innocent Americans killed, it was the Indiscriminate shooting of LEO set-up in killing positions with intent, planning, and provocation to kill. Deeper investigation on the side of the defense may and hopefully will disclose who the provocateurs really were in this public massacre, and bring to light how our Civil Liberties are being abused. The cooler and the suitcase technique is laughable, but was effective. I guess the next rally should have a secret plan B. Still, what interests me is the “Only 42 LEO rounds were found at the scene?). Though, witnesses, educated in real combat heard hundreds, perhaps thousands of suppressed rounds being fired. Some, as silent as spits. That is not the muffled popping of the .223 or .308 with suppressor, that is the 5.7mm with suppressor. And, no bolt sounds from these weapons suggests to me, they were being fired from inside a confirmed space, such as a blacked out vehicle. If, there was a clandestine intelligence operation on domestic soil with American Colatateral Damage, we have a serious violation of our Constitution. Statistics show most bikers are Veterens. Most have intelligence training in some form or fashion. I’m guessing, about 20% have some advanced intelligence training where, if they saw, felt, or suspected a terroristic threat to our Counrty they would find some way to report it, certainly post 9-11. LEO, just fully ruined their credibility on the street, where most of who were involved in this massacre were misled. My question is, by who?

  14. Scrap Dog Says:

    I’ve been seeing this new tactic by LEA in some other cases involving civilians being shot by cops. Everyone wanting dash cams, body cams, etc. to improve police accountability. Now that they have them, and are being required to use them, the video becomes part of the “ongoing investigation” and is not publicly released. Fucking dirty ass trick to continue covering their collective ass.

    To many fucks to list, so I’ll just say
    Fuck It All

  15. Mad Dog Says:

    @Jim Crawford-

    Plus, there’s no gag order in this lawsuit. I don’t even know whether a judge in a criminal case could somehow extend a gag order to cover a civil case. I think this is an interesting development. I’m guessing private investigators in Waco are pretty busy these days.

  16. Jim Crawford Says:

    It appears that this lawsuit will have severe blowback for the Waco PD. The plaintiffs do not seem to be motorcycle riders much less members of MCs, yet the narrative of their lawsuit describes them fleeing indiscriminate gun fire directed into the restaurant. This will compel Waco Twin Peaks to preserve evidence including bullet damage for trajectory analysis. I expect that such analysis will offer unequivocal proof that many more rounds than have been previously admitted were fired by police from the roof of Firebase Don Carlos. Since the plaintiffs are not affiliated with alleged ” motorcycle gangs”, the police and jurors willnnot be able to dismiss their testimony.

  17. Gandalf Says:

    I’m betting this Lawyer is part of the Propaganda machine in Waco. His only goal is to create a headline that says, “Customers sue Twin Peaks over deadly shootout.” in the Waco Tribune. Blaming anyone but the Waco PD. Waco PD tried to say TP was responsible and tried to say the fight started in the bathroom… WHY? Prob because THEY are responsible for parking lots.(???) The fight obviously started in the parking lot under the Supervision of Waco PD. As for the “bomb” that prevented that Lawyer from Speaking and broke up the Rally… Bahahahahbahaha :)”The king has no clothes!”

  18. rollinnorth Says:

    “See the money wanna stay, for your meal
    Get another piece of pie, for your wife
    Everybody wanna know, how it feel
    Everybody wanna see, what it’s like
    Baby wanna be a queen, well alright
    We all deserve the finer things, in this life

    Yeah! I’ll step back, while you go dance
    The greenback boogie
    Mother f*ing boogie”

    Greenback Boogie
    Ima Robot


  19. BMW Says:

    Of course,the plaintiffs are suing the wrong party… But lawsuits filed against cops often fail quickly… Twin Peaks will have SOME insurance coverage… To me, it seems that Twin Peaks is as much of a victim as anybody, but I am over a thousand miles away, and the facts are being held hostage by the Whaco PD, along with the human hostages. The pattern of withholding information we see in Whaco is the same we might see from Russia’s Putin; arbitrary secrecy to protect the use of illegal and immoral power and violation of international and federal law.

    We need to examine and accurately report the history of abuse and corruption of ALL the individuals involved in the cover-ups. If we can get investigative reporters to cover the story, the facts will eventually come out. We (as bikers with an interest) have to use our contacts to let the media in on the story of continuous Whaco corruption and the “motorcycle gang fight that never was”. I would love to see an “Aging Rebel” byline on a Whaco corruption story in Rolling Stone, for instance.

    I am willing to bet that Rebel has a good book in the works already, but the story needs to be disseminated more widely.


  20. Mad Dog Says:

    I agree that this sounds like a classic ambulance chaser’s lawsuit, but it may be interesting to see what discovery and testimony it produces. In a case like this, I tend to think the more the merrier, because with more cross-examination of witnesses, it’ll be harder for law enforcement to control the narrative and keep a lid on their conduct.

  21. Phuquehed Says:

    I’d like more than anything to see lawsuits come to bear, but not moronic frivolous bullshit ones like this.

    I want to see lawsuits against the fucking cowardly pigs and fedtards and shit-stain DA and judges!

  22. Brad Milch Says:

    There are several red flags in the narrative of these lawsuits. On the surface:

    From the lawsuits & Swanton’s original global press conferences dialog they appear to based on it’s obvious the Waco PD had no love for Twin Peaks business or its management. Usually, it’s people that live near or operate businesses near a business unpopular with those ‘locals’ (such as brothels, massage parlors, dating escort services, nightclubs, porn retailers, etc.) that make the noise condemning them, not the local police department. Sometimes the local media picks up & reports on that noise. In the Waco Twin Peaks saga, there was no protest noise from the locals prior to the mass shootings. Also, it usually takes weeks or months for a ‘people business’ to be closed. Twin Peaks was out of business almost immediately; it’s local staff seeking work. Swanton made no bones about the Waco PD not happy with Twin Peaks & its management immediately upon speaking to the global public while dead bikers were still scattered outside the restaurant. YouTube has a collection of Swanton’s initial & subsequent TV press conferences in which he takes punch after punch at Twin Peaks management.

    Secondly, how many businesses has anyone ever heard of that ‘asked police to leave’ & not get beaten to a pulp and/or arrested for SOMETHING?

    Third, Waco PD did not arrest & charge Twin Peaks management or staff for engaging in ‘organized criminal activity’; instead it arrested folks gathered for the scheduled biker safety meeting dressed in certain biker attire that was used as a legal excuse to arrest, take their possessions & vehicles, their cellphones & jack up their bonds so that only a Donald Trump type could afford to pay the legal ransom.

    In reading comments & viewing videos posted online post massacre, many people globally feel the sordid mass murder of bikers present at Twin Peaks originates from a multi-headed serpent (similar to the mythical Medusa)law enforcement and judicial system operations for a variety of probable reasons (that will not be easy to prove for those ‘outside the loop’).

    Money, being the root of all evil, certainly is on Waco PD watchers list of possible motives for orchestrating or implementing the Waco Twin Peaks biker slaughter a couple months back. Waco budget planners announced early in the game their intention to appeal to Texas Senators, Congressmen/women & it’s phantom Governor for state & Federal ‘disaster relief’ funds.

    Will the Texas & Federal Government allow city & county ‘snake oil salesmen’ swindle big bucks from their ‘kitties’ by not leading the full investigation of the ‘Waco stink’?

    To date, no public word about the biker mass murders has been issued from the Texas Attorney General, Texas Governor, FBI, Justice Department nor Biden or Obama.

    Rebel’s readers are urged to ask themselves what the consequences would be for them to bilk money from a restaurant business chain, the Texas & Federal governments while littering the ground with a collection of dead humans?

  23. Wolfenlover Says:

    Damn Rebel, looks like this BS called WACKO is turning into a full time job!
    The stupidity NEVER seems to stop! Here’s hoping the rest of the World starts
    paying attention. But I’m not holding my breath!


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