Waco’s Whimpering Prosecution

October 30, 2017

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Waco's Whimpering Prosecution

It is starting to seem possible that the trial of Dallas Bandido Christopher Jacob Carrizal may end not with a dramatic bang but a whimper: Which is to say not with a verdict but with a dismissal after the prosecution fails to make its case even before the defense offers a word of rebuttal.

Monday started with a whimper. Dallas attorney Clint Broden wanted to hold a pretrial hearing on behalf of his client Matthew Clendennen. Broden plans to call District Attorney Abelino Reyna to testify at Clendennen’s trial because Reyna is the man who ordered Clendennen’s arrest. So Broden is looking for ways to impeach what Reyna might say.

Broden has already gotten a court of inquiry convened to consider whether Reyna committed perjury under oath in a hearing in August. Broden also thinks he can prove that Reyna was being investigated by the FBI for dismissing cases against his friends and in return for political contributions

Cancelled Hearing

Today Broden wanted to interrogate First Assistant District Attorney Michael Jarrett about obtaining “a second phone in order to keep lines of communication open with” the FBI. Then he wanted to call an unidentified “local attorney” and ask him about Reyna’s alleged dismissals for cash program and “that Reyna was delivered cocaine in the period around his actions in relation to the Twin Peaks case.” Broden also planned to call other members of the DA’s office to testify against their boss.

It would have been the Waco legal highlight of the month but it was cancelled. Broden is under a gag order and he can’t say why. It might be because the District Attorney is running out of lawyers. Reyna, Jarrett, Amanda Dillon and Brody Burks were all in court today ineptly trying to convict Carrizal of murder.

Never Happen Again

The day began, as it usually does, with Gotro complaining about the prosecution withholding evidence. Last week, Judge Matt Johnson ordered Reyna to contact area police forces and find out what evidence they were holding. Apparently, Waco Police Public Information Officer Patrick Swanton was put in charge of accomplishing that. Swanton turned over the newly found evidence to prosecutors on Friday. The evidence included the bomblet that John Wilson, the local Cossacks president, was cooperating with police and had actually identified the Cossacks who had run a Bandido off the road and beaten him to the police. But Swanton didn’t bother to send any of the “newly discovered” material to Gotro until Sunday afternoon.

As is always the case, Reyna promised that would never, ever happen again.

Then the prosecutors got down to the serious business of trying to kill the jurors with boredom. They might actually accomplish that. The jury seems to be infected with flu. It appears to be spreading and at one point Monday afternoon the sickest juror looked like he might pass out.

Apparently, the point the prosecutors were trying to make today was that the people Carrizal is accused of wounding actually were wounded; that the people Carrizal is accused of murdering actually did die; and that the police only killed, like, four of them.

So half the morning an emergency room doctor at Hillcrest Medical Center named Richard Whitworth graphically described the injuries suffered by the Twin Peaks casualties who were brought there. A forensic pathologist named Reade Quinton described the autopsies performed on each of the dead at the Southwest Institute of Forensic Sciences in Dallas. Sure enough, the dead were scientifically proven to be dead and the next time any of the jurors plays scrabble they can wow their friends with words like extremis and thoracic. Jurors got to see an esophagus after it was removed from a corpse and what the inside of a skull looks like after the top and the brain have been removed. It looks very, very red.


Then a ballistics expert named April Kendrick took the stand and Amanda Dillon helped her construct what Vincent LaGuardia Gambini would describe as a house of cards. Dillon acted as if the police were on trial for murder.

She got Kendrick to testify that three police officers fired a total of 12 rounds. She testified that four of the dead were killed by shots fired from bullets from one or more of three M-16 variants. She came with a model bullet so jurors in Texas – in pretty rural Texas – might be taught the difference between a bullet and a cartridge case. She testified that a couple of 30.06 rounds that had had their primers removed and had found their ways onto keychains definitely did not kill anybody at the Twin Peaks.

There were hours of this. It was during Kendrick’s testimony that the sickest juror lowered his head and muttered Psalm 22.

Then Gotro cross examined Kendrick and when she did the sickest juror almost looked interested.

The .38 Caliber Family

Many bullets in the ballistics reports were described as being .38 caliber bullets. But she didn’t really mean that. What she meant, Gotro coaxed her into saying, was that those bullets were in the “38 caliber family” which includes many similar rounds. She didn’t bother to examine any of those bullets because that’s not what the Waco Police Department had hired SWIFS, as all the cool kids call it, to do. Waco PD only wanted to know whether a bullet that killed somebody was fired by a Waco cop or not. If it couldn’t have come out of the business end of an M-16, Kendrick just ignored it.

She never checked to see if the “two .38 caliber” rounds that struck Manuel “Candyman” Rodriguez came from the same gun or even if they came from a .357 mag and a .38 Special. Her job was only to compare the recovered bullets and bullet fragments to the three police weapons.

Gotro exposed more problems with Kendrick’s ballistic reports. All but one of the cartridges recovered at the crime scene were manufactured by Federal Premium Ammunition. The exception was made by Hornady Manufacturing. The Waco Police Department issues its officers Federal ammunition.

All three police rifles came with 30 round banana clips. Usually these clips are loaded with 28 – 30 rounds. The Waco Police told Kendrick that they had unloaded the detachable magazines and sent them to SWIFS segregated from one another – so rifle one was packaged with its magazine and the unused bullets that had been loaded into it. Rifle two, its magazine and unused bullets was in a second box. And so on with rifle three.

Since, in official accounts, the police were only supposed to have fired 12 rounds, Kendrick should have received between 72 and 78 rounds but she could only account for 66. One rifle arrived with 19 unfired rounds, a second with 25 unfired rounds and a third with 22 unfired rounds. So something between six and 12 rounds are unaccounted for.

And none of this, not a word of it, advanced the prosecutions case.

Beyond Reasonable Doubt

Gotro was just getting warmed up when Judge Matt Johnson sent the jury home until tomorrow.

Three weeks into this trial the prosecution hasn’t come close to proving that Jake Carrizal was more than just a guy in the wrong place. So far it is a wink-wink prosecution. Carrizal is a Bandido and everybody knows what that means. Right jurors? Wink-wink. Carrizal warned other Bandidos to not let themselves be vulnerable to a possible Cossacks attack and to leave their women at home.

“Bring tools,” he warned his club brothers. “Bring tools,” wink-wink. Now, we all know what that means, don’t we jury? Wink-wink.

This what a dead body looks like. Carrizal was there. Connect the dots, people! Wink-wink.

It is very bad when somebody becomes a quadriplegic. It is even worse when they die. Carrizal was there. Wink-wink.

The fact is Carrizal has a legal presumption of innocence. The prosecution must prove he did what they want the jury to assume he did. They have to prove he instigated the bloodiest biker brawl in American History. That is how the law works, even in Waco. When the prosecution ends its case, probably sometime this week, Gotro will file for a dismissal because the district attorneys have not proven he is guilty.

Today it seems at least possible that Johnson will grant the dismissal. After all, Reyna and his hand-picked dream team still have another 153 chances to convict somebody in the Biker Brawl case.

Maybe they can win the next one.

Oh. That’s right. Next up they get Clint Broden. And then they get Millie Thompson. And then Paul Looney is going to bring his show to Waco.




33 Responses to “Waco’s Whimpering Prosecution”

  1. Neuro Says:

    Thanks James. I admire you guys who have technical gun knowledge. I dig guns a lot, especially handguns. What true American doesn’t? There are a couple of you technical guys on here, and a bunch of us appreciate your input very much. Any marginally retarded person can see your point. I am proof of that.. The fraud is so blatant, hiding behind the blue cloak of porkface “decency” , I would expect any juror to bridle with indignation that porkboy would assume they are all that stupid to buy their lies. Lies through omission, in the case of not even pretending to investigate ballistics. Pathetic.

  2. James W Crawford Says:

    Re Neuro:

    Many .22 caliber pistols fire .22 long rifle ammo. The FN 5.7mmm ammo is the same weight class projectile at much higher velocity.

    Also,bullets fired from pokice H&K MP-5 submachibegubs or semiauto versions thereof are in the same caliber family of 9mm pustols and .38 caliber revolvers.

    If investigators are not doing ballistics testing on all projectiles recovered from people, then any prosecution is fraudulent.

  3. Dutchboy Says:

    Rebel, excellent as always. You set the bar high sir. First, Psalm 22 indeed. Even the All Mighty wants nothing to do with this goat rope. Two, normally I make no comment about particular clubs, their business being their business. That said, Cossacks how does it feel to find out you have been an LE puppet club? Damn guys, get it in order. Finally on ballistics. Many here more versed in minutiae than I am, thank you all for your contributions. “.38 caliber family”??? What the hell is that? 38s only? Anything from 380 to 9mm? Any chunk of metal you can’t ID? Johnson, were he a REAL Judge, would declare a mistrial and shove Reyna and his clown circus under the jail for a century or two. Of course Johnson won’t act as a REAL Judge would since he is on the Persecutors team.

  4. Neuro Says:

    James, the big point I got was that the porkers might have shot some of the victims with an FN-P90 which may have been pawned off as a .22 lr. Is that possible ?

  5. James W Crawford Says:

    Thw fact that there was video makes it extremely unlikely that any uniformed LE would have risked shooting any bikers with their service pistols at normal handgun range. UCOs and CIs dressed as bikers (Cossacks?) could shoot people on camerra with near impunity as long as it was understood that they would be “unarrested”. Indiscriminate handgun gunfire from uniformed police into the crowd from beyond normal range would likely result in non fatal wounds. If no definitive ballistics testing is performed on projectiles recovered from victims, there is no way for bikers to cite ballistic evidence to exonerate themselves or hold police accountable.

  6. Mark Says:

    @ James WC
    I completely understand what you are saying and your point is huge. The 5.56 that comes out of a 8 to 1 twist is a 55 or 62 g bullet. A 75 g would come out of a 7 to 1 twist.
    Yes, a complete and straight up investigation of the pistols and revolvers that were recovered and fired neeed to have been tested. Lets take Rodriguez, it was videoed who shot and killed him. What would have happened if those 2 handguns matched up to other murders? What would have happen if those guns matched up to being hot guns. Seems the DA in this case is, hell bent to pile on any charge he can, why would he let something so obvious go without any investigating?
    James, your points are very important because it shows a complete disregard for an investigation that lets the truth fall where it may. Everyone can smell something that ain’t right and is very rotten with this matter from the get go. Arresting witnesses and making holding them for a million dollars bail. Crazy! There is no conspiracy thory about something being covered up, hopefully it comes out sooner than later.

  7. Neuro Says:

    Damn good point James, damn good.

  8. Bone Head Says:

    “…Broden is under a gag order and he can’t say why…”

    Could the reason for the gag order be an investigation of reyna’s office by the feds?
    Just thinking out loud.

  9. James W Crawford Says:

    Re ASpecatur,

    Exactly the point.

    Early on there was specualation with justification that some police were firing FN PS90s (think Stargate SG1). No such weapons were submitted to forensics for ballistics testing. If any low mass, .22 caliber projectiles were recovered from any of the victims who were allegedly NOT shot by police because they were not .223/5.56mm, it is possible that they were not shot by some biker with a .22 caliber “purse pistol.

  10. Hangaround Says:

    Thanks Rebel for that VERY INTERESTING revelation about the Hornady casing, and this is why.
    Federal for the most part makes pretty run of the mill reliable and cost effective .223 ammo that comes with 55grain bullets.
    These shoot quite well out of a standard mil-spec .223 rifle such as a Bushmaster that has a 1:9
    barrel twist and with a decent kinetic energy delivery to target ( kill effectiveness )
    Hornady on the other hand is more known for its match grade cartridges ( usually stamped on the bottom of the case )
    which are usually selected with a heavier bullet for accuracy, range,
    effective kill distance etc. These Hornady bullets are usually 68 grain and up. They are also considerably more expensive
    These bullets are best shot from a rifle with a 1:8 or 1:7 barrel twist because the higher twist rate of the barrel imparts more spin
    on the heavier bullet keeping it stable in flight.
    When these heavier grain bullets are shot from a 1:9 twist barrel they tend to tumble through the air, impacting the target in a random
    manner ( which is refered to as keyholing ) and disinitgrating vs. going through the target or fragmenting in a predictible manner.

    This is usually not a consideration for hangun ammo, it flies to slowly.

    Now if I remember correctly wasnt there a body in the autopsy where the bullet fragments and entry wound were so bad that the
    caliber of the weapon used could not be determined?

    Heres more than you need to know


  11. ASpectatur Says:

    @ Rebel…. Damn, Just Damn….

  12. david Says:

    @ Rojas, with respect,

    The “state”, meaning corrupt Un-Abel etc. and his good buddy Johnson, should have never been allowed by the court to START.

    2)If proven Reyna received monies as so-called “political campaign contributions” TO TWIST JUSTICE, the correct name is a felony bribe.

  13. Rebel Says:

    Dear ASpectatur,



  14. ASpectatur Says:

    @ JWC is the Assumption that Only Rifles were used by LE? Where there No LE Present Holding a 9mm Sidearm? Or a 380 Backup? If No Ballistics were Run on anything other than Rifle Cartridges for LE…. Hell, LE could have Been Responsible for More of the Fatalities…

  15. rojas Says:

    State has rested.

    Been following the trial through Rebel, tspoon’s tweets, Radio legendary and local media summations. From that perspective it does not appear state proffered any evidence of “regularly and or continuously” criteria in regards to individual culpability of Jake. Judge should dismiss with prejudice.

  16. James W Crawford Says:

    How many cardtridge cases were recovered from the roof of firebase Don Carlos?

  17. James W Crawford Says:

    This reminds me of Waco 1 where law enforcement instructed forensic technicians to NOT perform definitive examinations of any of the projectiles that killed or wounded ATF agents during the initial raid. As a result, people were discouraged from asking if the deceased and wounded ATF agents might have been shot by ATF snipers who somehow managed to fire three dozen rounds without hitting any of the Branch Davidians.

  18. James W Crawford Says:

    A word on “caliber family.”


    The bottom line is that the police performed no forensic analysis beyond delineating which victims were shot by the police as oppossed to anyone else including members of motorcycle clubs. There is absolutely no forensic evidence that could prove that any of the victims not shot by the police were shot by any of the defendants. The only evidence of their guilt would be their presumed status as members of motorcycle clubs and their presence at the Twin Peaks restaurant.

  19. Gman Says:

    To iron rider. A judge cannot set aside a jury verdict of acquittal and convict in a criminal trial. Would violate your constitutional right to a jury. However a judge can set aside a jury verdict of guilty and direct a judgment of acquittal. Gotro will move for a judgment of acquittal at end of states case. If there is no way the state has offered proof of a required element of crime sometimes it will be granted. If that happens the judgment of acquittal has the effect of dismissing case with prejudice. Meaning carrizal could not be tried again. More often than not judges don’t want to direct a verdict because they would rather the jury acquit instead. It is cleaner since a jury’s acquittal can’t be appealed by state whereas a directed verdict after the state rests, by a court, can. If the jury fucks up and convicts, the judge can then direct a verdict of acquittal anyway. Savy judges generally follow this procedural milieu.

  20. ASpectatur Says:

    Just Curious… By “38 Family of Bullets” Wouldn’t that include 9mm, 380, 357, & 38?

  21. Vigo The Carpathian Says:

    Don’t get too excited. As we all know, there was a conviction in Fort Worth recently where the prosecution showed nothing more than the defendant was in a club, and present when someone got murdered. There was zero evidence presented that the defendant actually did it.

  22. Freebird Says:

    I used to think grumpy old men was a comedy years ago. As I age I have come to realize it never was a comedy. It was a fucking documentary. The ass hat clown punchers in Waco are making old men angry and mean!

  23. Mark Says:

    Circumstantial evidence has been used to convict many and even in Capitol cases. There is no getting around, circumstantial evidence can be devastating. But in such cases where cases are won on such indirect evidence, the accused is connected to the circumstantial evidence with 100 percent ownership. In other words circumstantial evidence is used to put the accused at the scene of the crime. There is no circumstantial evidence against the accused in this case, only a made up, theory by the DA’s office. That theory is made up of nonsense like, he could have, he looks scary being big, mean and ugly looking. Jake road into an ambush and no sooner than he could do anything, his father was shot by Waco PD and he cradled his wonded father in his arms. It is not a crime to be the P of a chapter of BMC. It is not a crime to be a victim of an ambush, even if one looks big, mean and ugly. It is no crime to be in sheer panic while one holds and comforts their parent who just was seriously injured by a gun shot. However it is a crime to, premeditated set up a violent ambush, not a crime to be the victim of such a premeditated ambush. The DA has a theory that is based on a novel written in the DA’s mind and without any evidence, even circumstantial evidence. This trial is a theory on the DA’s part, a complete farce and a mockery of any kind of justice this country was founded on. At this stage of the DA’s game, the case is wide open to being dismissed also the case has too much misconduct on the state’s part as in trial by ambush for withholding evidence from discovery from the defense, as one example. The attorneys in the DA’s office are in violation of their oaths and they could be disbarred as part of the outcome of putting on a theory without any evidence of a crime by the accused. There is case law to that from the Nuremberg trials, following orders is no excuse or exception to the laws.
    Rebel, the jury isn’t sick with the flu. They are sick from smelling the sinking smell of rotten sulfur odors coming from the DA’s case.

  24. Steve Says:

    Dismissals for the Prosecution failing to make their case almost never happen. They look neat on TV but as a general rule judges don’t go there. Especially in high profile cases. Every defense attorney worth their salt will file the motion but they all know it ain’t going to happen.

    What is happening at this stage is the prosecution is trying to baffle the jury with too much information. As an attorney told me. If the law is on your side you argue the law. If the facts are on your side you argue the facts. If neither are on your side you try to baffle the jury with BS.

  25. Sapper Says:

    Rebel, you are on point.
    Great job,


  26. Dr G Says:

    I am no attorney but if Gotro gets case dismissed she should have it dismissed with prejudice i think meaning charges could not be re filed against Jake Carrizal

  27. Maven Says:

    “John Wilson, the local Cossacks president, was cooperating with police and had actually identified the Cossacks who had run a Bandido off the road and beaten him to the police”

    Rat bastards…

  28. Vintage Says:

    What has shocked me the most throughout this trial, and there’s been a lot of shocking shit, but the shockingest shit is the absolute lack of relevance of NEARLY ALL of the prosecution’s bullshit case. In any other court there would not be allowed a dog and pony show that alleges all motorcycle clubs are evil IN GENERAL. It’s all part of that fair trial thing that Unabel Reyna finds so pesky and irritating. There’s been a mountain of irrelevant bullshit that should be grounds for a successful appeal in a court outside Reyna’s sphere of influence. It’s prejudicial to the jury and has no DIRECT bearing on the case at hand.

    The next most mind boggling judicial abortion is the misbehavior of the prosecution and the dipshit judge’s tolerance of it. The Rule of Discovery is taken extremely seriously in every court in the land except, apparently, Waco, Texas, where the judge who used to be the law partner of the overly ambitious prosecutor doesn’t have the legal common sense to recuse himself — not that such an act would be an admission of bias, but it would have gone a long way towards alleviating such suspicions. I’m assuming Gotro has raised vociferous objections so that future appeals will be possible. I’m afraid I don’t share the Rebel’s optimism that this shit show could be dismissed due to the failure of the prosecution in proving its case — not that there was a case to begin with. This is Wacko. Nothing makes sense there.

    I guess the third most perplexing oddity is that the police and the prosecution don’t think it’s important in a mass shooting to know exactly which gun fired each shot that lead to injury or death. I guess not when their specious contention is that every biker is equally to blame for all of it. The entire Twin Peaks fiasco has been the most egregious violation of Constitutional rights I’ve ever read about (and I’ve had to search long and hard to read anything of substance) and the courtroom circus is just an extension of the same bizarre nonsense.

    If there’s any real justice in this world (and there’s not) Reyna should eventually come full circle and end up scrubbing the courthouse toilets as some sort of work release or community service sentence, just like his grandfather used to do to make an honest living. I’m not holding my breath.

  29. Joseph Plyler Says:

    CONSPIRACY !!! If the defense does not call expert witnesses,refute the gang experts,then the jury will find Carrizal guilty of conspiracy.It happened in Rock Hell’s H A trialand most all recent trials.The average citizen is scared of a bikers colors and believe all the bullshit put out by law enforcement.

  30. Iron Rider Says:

    Damn Rebel, as I was reading the story you wrote and your emphasis on points the tale of the ballistics evidence just floored me. I read the Waco Tribs article and there mention of ballistic evidence as well and no where did I read what you have reported with regards to Dallas Forensic SWIFS only examining Waco PD bullets to see if they killed or wounded people and excluding any others, that in my mind is astounding and almost akin to cherry picking how you want the results to turn out.

    Considering the fact that Waco PD turned Twin Peaks into a turkey shoot and that it is Waco PD’s bullets that did a lot of wounding and killing and this is limited to four cops but yet there were only 12 or so casing recovered at the scene leads to wonder how the cops managed to kill and wound so many with such few shots fired, unless of course as Paula has made reference to before that casings were removed from the scene and if that is the case then the cops fired a lot more rounds then what we are led to believe.

    I also find it suspicious that any weapons that were found allegedly from any of the 177 people at Twin peaks were sent to New Jersey for testing but yet the cops weapons went to Dallas, so as they couldn’t be compared one would think. I gather the cops with all the ballistics evidence available didn’t think comparing or testing to see what gun fired what and wounded or killed who isn’t really that important apparently.

    One thing I have yet to read having being mentioned is how many of the weapons that are allegedly attributed to the 177 charged at Twin Peaks that day were fired? Why is it the prosecution has not mentioned it? How many weapons had not been fired at all that the cops seized that day? My guess is that 90% or higher of the weapons police seized allegedly from bikers had not been fired, but I doubt we will hear that out of the prosecution because that would go against the big scary biker shootout killing spree at Twin Peaks that day that the prosecution is trying to convince the jury of.

    I seriously hope Gotro brings up the fact to the jury, because Reyna and Co want everyone to believe there was this big biker shootout at Twin peaks and all these weapons were seized, but yet we have yet to hear how many of the weapons seized had been fired and I am going to be that when the jury hears the number it is going to be pathetically low so much so the jury may wonder why the cops turned it into a turkey shoot and shot wounded and killed so many people and if they were really in that much danger.

    The fact that the rifles and clips dont match the rounds fired and what should still be in the clips and bullets from the cops unaccounted for sure does lend credence to Paula’s assertion that police were scene picking up shell casings, and if that is the case then the cops are hiding evidence and tampered with the scene to make their version of events fit with the crime scene, and considering all the hi jinks that have gone on in this case someone has some explaining to do.

    I can’t wait for Gotro to go to down and sure as hell hope she hammers the prosecution every chance she gets because so far she has poked more holes in the prosecutions cases then the guys have that produce swiss cheese. Not only that but again despite Reyna’s and Co’s claims that they turned everything over and there is nothing left Gotro keeps poking holes in Reyna and Co’s claims that they turned everything over and this was done several times during the trial and Judge Fool Johnson has egg on his face every time he has to send someone out to get the rest of the discovery.

    These cases and Reyna Co’s actions since the 177 were indicted are going to be law school fodder for years and years to come in regard to how not to decide whether to try a case and how to run a case and not to mention when to know you have gone over the line ethically.

    I would be real fucking surprised if Carrizal was convicted and the only way I see that happening is if Johnson sets aside the jury’s verdict for some high moral reasoning only known to Johnson and substitutes a verdict of guilty despite the jury’s conclusions. Reyna has made some a mess out of this case that the defense counsels whos clients have yet to come to trial are just taking notes of what has taken place so far and will be using the same tactics employed by Gotro, Broden Looney, Thompson etc as leverage for their clients and honestly who could blame them.

    The Texas State AG must be astonished at how Reyna has phucked this first trial so badly and was so ill prepared for it and all the revelations etc that have come out about Reyna since and before the trial started have left such a mess that even tossing this to another D.A. isnt going to fix the shortcomings Reyna and Co have created and are going to have the State AG looking like a bunch of incompetent jack asses and stuck in a catch 22 situation all around. It will be interesting to see how much longer Reyna’s political career is going to last, because with all the mess Reyna, Johnson, Strothers etc have created someone is going to take the fall for this, it will be matter of who has enough chips stuck away to save their ass when the music stops.

  31. Jim Jones Says:

    My favorite “Anal Reyna” quote in all this mess, is when he told prospective jurors, that “the presumption of innocence is not absolute”. That alone should be grounds for a mistrial.

  32. Neuro Says:


  33. woodcock Says:

    ahhhhhhh,this is funny shit,,i love to see a fuckin ig eat all the crow they are so prone to make others eat,,,,what a bunch of fuckin idiots,they didnt know the bandits have defense funds???who did they think they were fuckin with??

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