2015 Harley Davidson touring model
Six Shooter Junction – Until you see it in black and white, printed on ledger paper and filed in a court clerk’s office, the semantic concept of civil forfeiture doesn’t really ring a bell.
But it’s a reality, and it’s a fact that The People of the State of Texas have filed suit against a motorcycle owned by a savings bank and the President of the Dallas County Chapter of the Bandidos Motorcycle Club, David Martinez, 45, of Terrell.
The People in all their Peace and Dignity have raised up in the stirrups and proclaimed that inanimate machine, a near-kinetic sculpture in the pantheon of mythical and archetypal objects held sacred in the darkness on the edge of town, as an enemy and as contraband, the subject of seizure due to its being part of an ongoing criminal enterprise.
But it’s all about the guns, and though knives play their part, the blade and its snicker snack being as archetypal as any other symbol, it’s about the guns, pure and simple. Here’s why.
Behold, the affidavit filed by Officer Vincent Glenn, an investigator of the S.A.F.E. Unit of the Waco Police Department, regarding “violence and tension” between the “Bandidos Outlaw Motorcycle gang,” and the “Cossacks Motorcycle Club.”
It’s a matter of record, saith your Affiant, that a Bandidos member got himself locked up for stabbing two Cossacks outside a Logan’s steakhouse in Abilene in November, 2013. Both those individuals were later arrested at Twin Peaks for engaging in organized criminal activity.
At the Bar B Truck Stop in Palo Pinto County, March 22, 2015, “several members” of a Bandidos support club attacked a lone Cossack getting gas, demanded he remove the “Texas” rocker on his jacket, beat him up, and stole his jacket.
On March 22, 2015, “approximately 6-7 Cossacks blocked in a Bandido riding on a motorcycle in heavy traffic on IH-35 in Lorena and then severely beat him with objects causing blunt force trauma to the head.” An outlaw mama in the know says “They nearly beat the nose off his face.”
Come March 28, 2015, Bandidos gathered at the Flying J Truck Stop and Cossacks congregated at Legend Motorcycles in Waco. A Waco Patrol Commander “observed a semi-automatic rifle inside the business.” According to the affidavit, “Wilson stated that they knew trouble was possible…and they were prepared.” He, too, was arrested following the melee at Twin Peaks on May 17. He stated in his bond reduction hearing that police suggested he get involved in a dialogue to reduce tensions between the rival clubs.
April 16 saw a “bike night” held at Twin Peaks Restaurant in which “about fifty-five Cossacks were seen” by law enforcement.
On the following Thursday, April 23, 2015, Mark Allen White sat in a vehicle behind the Twin Peaks location at a fabric shop, armed with a firearm and wearing a Cossacks shirt. He also had a bandanna knotted around a padlock, which has been described as “a convict thing” on certain farms operated by TDC’s Institutional Division. The cops busted him for unauthorized carrying a weapon, and he, too, was arrested on May 17 for engaging in organized criminal activity.
Police have alleged that surveillance video shows folks started throwing hands, the Bandidos President David Martinez pulled a .32 and started busting caps, and that prompted “law enforcement” to “neutralize the situation.” That’s the euphemism a Lt. Schwartz of the DPS used to describe sending dozens of rounds downrange from their AR-15-style assault rifles. Nine bikers lost their lives, 20 suffered gunshot wounds, and police arrested 177 persons on the identical charge of engaging in organized criminal activity.
The organized criminal activity alleged consists in part of the alleged practice of the Council of Clubs, an organization dominated by the Bandidos, the ranks of which is not graced by the Cossacks, of demanding prior approval of the inception of new motorcycle clubs.
Lt. Schwartz also testified at an examining trial of a couple who are members of a Bandidos support club that the C of C is actually an “alter ego” for the Bandidos Motorcycle Club.
At least that’s what the State intends to prove in its criminal litigation. In this suit, the State seeks to prove that the 2015 Harley-Davidson Motorcycle seized is contraband and material to the alleged offense of engaging in organized criminal activity.
David Martinez, Bandido leader, Dallas