Bikers seek Grand Jury Probe of shootings

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In their call for a Grand Jury investigation of the actions of police at the Twin Peaks Restaurant on May 17, bikers seek clarification of the reported circumstances.

In this report, filed five days later, on May 22, Officer Jeremy S. Finch makes reference to the location of Matthew Mark Smith, who was “aspirating” and died because of a gunshot to his torso after he and Officer Fischer handcuffed him in an area behind the building. He says it was close to a fence, but there is no diagram. He also says he got a sight picture on a Bandido named “Mr. Allen” who was holding a 1911 government model, aiming it, and that he and Fischer took Allen and a Bandido named Battey into custody. They were in a “triangulated position” approximately five yards from Smith. There is no diagram to fix this position.

Officer Finch’s Narrative written on 5/22/15:

On 5/17/15 at about 1100 hours, I Officer Jeremy S. Finch of the Waco PD reported for a security assignment at Twin Peaks located at 4671 S. JH Kultgen. Other Waco PD OfficersMichael Bucher, Davis, Fischer, Jackson, O’Neal, Pina, Rush, Nicki Stone, Sgt. Drews,SGT. George, and SGT. Zboril were also working this assignment. The purpose for our being there was because of an expected large motor cycle club gathering where it had been warned that two rival motorcycle clubs (The Banditos and the Cossacks) were expected to be among the clubs arriving at this location and that the concern for violence between these two groups in particular was very high based on information received by Detective Rogers from his sources. While on assignment I remained behind the Twin Peaks restaurant and monitored incoming traffic to the location. While monitoring incoming traffic I observed multiple cars and motorcycles arrive at the location most of which were wearing vests or shirts to indicate the motorcycle club that they were there to represent.

At approximately 1205 hours a large group of motorcycles arrived at the location and the riders of that group were wearing vests indicating that they were there representing the Banditos. Shortly after their arrival at the location officer Bucher that was with Officer Jackson who was at the front of the restaurant parked in frontof the neighboring Don Carlos restaurant advised over the radio that it appeared that there was a lot of tension building between the Banditos that had just arrived and Cossack members that had been at the location since my arrival. Within a couple of minutes of Officer Bucher saying this over the radio channel we were using for the event, I heard what I recognized to be a gunshot, possibly from a pistol being fired. Officer Bucher then came over the radio saying that shots had been fired confirming what I had heard was a gunshot. After this I heard several more gunshots as I drove my marked Waco PD patrol Unit #44 towards the rear of the Twin Peaks parking lot. I had the drivers side window down on my patrol unit as I neared the back of Twin Peaks parking lot, I heard the very distinct sound of a round being fired pass by my vehicle, I got out of my patrol unit and as I did I heard another round that had been fired that pass by my head. I retrieved my patrol rifle from the rear of my patrol unit, and leaned out from my patrol unit, using it as cover to scan for potential threats and shooters. While doing this I heard another round that had been fired pass by my location. SGT. Drews and Officer Fischer were coming up to me at that time.

We began to advance toward the location of the gunshots that were still being fired from what I believed to be South Side of Twin Peaks that I will refer to as the D Side of the building from our location just outside of the rear parking lot of Twin Peaks. There were several people taking cover between vehicles and as we advanced towards the back of Twin Peaks we were giving commands to everyone we could see to show their hands to us and to lie down on the ground and to remain there. During our advance to the rear of Twin Peaks gunshots were still being fired from around a large group of motorcyclists and Officer Bucher was telling us over the radio that he still had shooters that were on the ground still shooting, and that one person was crawling towards our location and that he still had a gun in his hand.

SGT. Drews separated from officer Fischer and myself and as people in the parking lot began moving out of our way and down on the ground I saw two white males (beginning of page 2) that were later identified as Jeffrey Lee Battey and Ray Arnold Allen that were both wearing vests with Banditos patches standing behind Twin Peaks. Mr. Allen’s face was not visible, because he was wearing a yellow full face motorcycle helmet, but I observed another white male that was later identified as Matthew Mark Smith lying on the ground approximately 5 yards from Mr. Allen’s and Mr. Battey’s location, and Mr. Smith appeared to be gasping for air. Mr. Allen and Mr. Battey were in a triangulated position to Mr. Smith and when I first saw Mr. Allen he had in his right hand a silver in color 1911 style handgun and Mr. Battey was not in possession of a firearm that I could see but appeared to have been shot in his upper right arm, because I could see that there was blood streaming down his right arm starting around his right bicep. I then saw Mr. Allen begin to raise his pistol and point it back towards what I will refer to as the CD corner of Twin Peaks. This was in the direction of several people that were near parked motorcycles and also towards other officers at this point. I began to aim at Mr. Allen to fire my patrol rifle and getting a sight picture on Mr. Allen, he tossed his weapon in front of him approximately two feet and officer Fischer began yelling verbal commands at Mr. Allen and Mr. Battey to get on the ground. Both Mr. Battey and Mr. Allen complied with the verbal commands to get on the ground and officer Fischer and I went to their location to secure them.

Next paragraph in the Incident report: Page 2 Second paragraph: While we were crossing the sidewalk to the rear of Twin Peaks there were still shots being fired and I could hear ricochets from fired rounds in the area around us. As I was scanning people in the parking lot I saw a white male that was wearing a Cossack’s patch on his vest running FROM the patio area that I will refer to as the AD corner of the restaurant towards the S JH Kutlgen / IH 35 Frontage road and up the hill to the frontage road. I knew that was the area that Officer Bucher and Jackson were in. The male had a black pistol in his right hand and began raising it up pointing towards the crowd that he had just run from on the AD corner of the business. I began aiming at this person to fire and I saw two other officers going towards his location and then the subject dropped his pistol and continued running towards the frontage road. I made an announcement over the radio that the subject had just dropped a hand gun on top of the hill to the officers there were going towards him and then continued towards Mr. Allen and Mr. Battey with Officer Fischer.

Once we were there with Mr. Battey and Mr. Allen I provided cover for Officer Fischer while he handcuffed Mr. Allen and then Officer Fischer provided cover for me while I handcuffed Mr. Battey. Both were searched for additional firearms and none were located on them. Once they were secured Officer Fischer and I both checked Mr. Smith to see if there was medical care we could give to him and Mr. Smith was aspirating. I began searching Mr. Smith for weapons and a possible wound and it appeared that Mr. Smith had been shot in his right side near the bottom of his rib cage. There was a small revolver within four feet of Mr. Smith next to a fence behind Twin Peaks. Also while searching Mr. Smith for wounds and weapons, I found a small black soft inside the waistband holster in the small of his back that was empty. While looking for injuries and searching Mr. Smith he stopped breathing and became non-responsive.

Officer Pina came up to our location at this time and Officer Fischer, Pina and I were unable to advance any further towards the front of the business because of the sheer number of people that were between us and the front of the business and also because of the possibility of cross fire. By the time the gunshots had stopped adn in listening to radio traffic it sounds as if SGT. George and SGT. Zboril were attempting to secure and have the occupants of Twin Peaks exit the building.

Officer Fischer provided cover for Officer Pina and I and we began searching everyone that was on the D side of the business. There were called back to us and then searched. While searching these people McLennan county Sheriff’s (MCSO) Deputies began arriving on scene to assist us. After Officer Pina and I searched the people we had come back to us they were seated away from our location in the parking lot and MSCO Deputies provided security for us then.

After searching several people Officer Fischer, Pina and I began moving up the sidewalk to begin clearing the inside of Twin Peaks. While moving up the sidewalk along the D side of the building and patio area I saw blood all over the parking lot and side walk, multiple handguns, brass from fired pistol ammunition, knives, batons, and other items all over the ground. There were at least four(4) people on the ground that appeared to be deceased and had obvious gunshot wounds to their heads near motorcycles that were parked near the sidewalk and on the sidewalk.

Once at the front of Twin Peaks Officer Fischer, Pina and I were joined by officer Davis, SGT. Drews and I believe (start of 3rd page) Officer O’Neal and we entered the building and began clearing the inside of the business. Inside the business we observed several knives and handguns on the ground along with blood all over the floor inside of the business. After clearing the business and not finding anyone inside, I went back outside and began assisting with personal security while secondary searches of the people and the premises were conducted. I did begin assisting with photographing and collecting peoples information that was present when this incident during this time also. The people that I identified have been including in the heading of this supplement.

Upon the conclusion of the identifying of people that were at the scene, I provided perimeter security and began taping off portions of the scene with crime scene tape. While doing this I was instructed by SGT. George to (get) my heavy armor and that we would be receiving assignments for SWAT operations. My assignment was the mobile reaction team with SGT. George and later with Officer Pina. During my time on this assignment reports of suspicious persons wearing motorcycle clubs shirts or patches were being received and in some instances they would be entering businesses, in the area of Texas Central Market Place where we were. We would respond to the location and attempt to locate them.

Out of one group of males that were reported in the area I identified a James Russell Burkhard Jr. from Plano (he) had on a red and gold shirt with “SYLB” printed on it. I asked Mr. Burkhard what the letters stood for and he told me that it meant “Support Your Local Banditos”. I asked him if he was a member of the Banditos club and he told me that he was a member of the Road Dogs club in Plano.

When I asked Mr. Burkard if he had witnessed anything Mr. Burkard told me that right after he and his friends arrived in the parking lot that is located behind Twin Peaks (not actually in the Twin Peaks parking lot) he got out of his friends blue Dodge pickup he heard gunshots and then the two front windows of his friends pickup were shot out. Mr. Burkard told me that officers already been there to the truck and had spoken with him and his friends that he had arrived with and that they were waiting to see if they would be able to have the truck released. It was later determined that the truck was going to be impounded and Mr. Burkard left the area.

For the rest of my time on scene at Twin Peaks until approximately 0300 hrs. I operated in the role as a part of a mobile reaction team or on perimeter security.

End of Report

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