Al Cinek in a happier role as an impresario of two-wheel party time
West – Two bikers, both veteran impresarios of the biker boogie down culture of benefits, beer, blues, bike nights, and weekend bashes, tell it like it is.
It could have been them, but it wasn’t.
The disaster of Twin Peaks could have stricken their businesses, Al’s Tokio Store, and Jim Pechacek’s Motorcycle Shop at Axtel.
Both recall making a decision to “get out of it” before disaster struck.
Cinek’s century-old beer bar and grocery store was known to attract upwards of half a thousand bikers for its Musicians Reunions and various benefits, all of them sporting patches of rival clubs and peacefully having themselves a good time, minding their manners.
When the Bandidos’s rift with the Cossacks reared its head, Cinek recalls, and then he just trails off, looking into the middle distance.
“I saw that place where someone wrote Cossacks on the post of the front porch with a marker. I saw that Bandido go by and hit it with his elbow.”
He shakes his head, looks at his boot tips and shrugs.
“I got out of it.”
But he’s not through. He gestures in an encompassing manner, indicating the entire building of the American Legion Post 121 in Elm Mott. “It could have been here,” he says, meaning the ill-fated COC&I meeting where bullets flew and blood spilled on May 17, 2015. “They wanted to have it here. We told them, no way.”
Quizzed further, he recalls it was a decision based on common sense, the commodity that the management of the next door neighbor bar to Twin Peaks said the franchisee was sorely lacking by hosting bike nights and club meetings where the rivals could get at each other. It’s in the first paragraph of their lawsuit against the parent company and the franchisee.
Jim Pechacek’s shop has been the scene of biker revels for decades, with bikers camped out for the weekend in a pasture beside his place of business. He was the head of the local chapter of the Texas Motorcycle Rights Association, a lobbying organization with deep ties to legislative functions at Austin.
A staunch member of the Confederation of Clubs and Independents, TMRA began to flounder with the death of its founder, Sputnik.
“When the Bandidos got involved, started collecting dues, I said the hell with it,” recalls Pechacek. He lets go with a string of expletives regarding their violent encounter at Twin Peaks on May 17, 2015, blaming the media and lawmen with an entirely negative message.
“They try to make the rest of us look like them,” he fairly shouts, standing behind the cash register of his store. “Those guys aren’t like us. We work. We pay our bills. They lay out, pimp out their old ladies. It’s not the same thing, but everyone is charged with the same offense,”
Cinek spoke just as harshly. “To be a Bandido, you don’t own your bike, your old lady – not even yourself.”
How does he know? “I asked them if it’s true,” he said. He nods vigorously. “It’s true.”
Both say they are cognizant of DA Abel Reyna’s strategy, that if he delays and delays and delays the prosecution of the 155 identical indictments he has obtained for engaging in organized criminal activity, sooner or later, the alleged offenders will cave in and plead out to a lesser offense, or accept the terms of a bargain.
Will that work with this crowd?
Pechacek shakes his head, adamantly, says, “No way!” Cinek appears not to hear, or to notice, or even to care. He is lost in his own thoughts.
Cinek remains impassive when quizzed about those prospects, diffident when he hears the news that some biker organizations such as Sons of Liberty Riders, M.C., riding out of the Mid-Cities and an active participant in the U.S. Defenders’ Legislative Strike Force, are planning to primary Reyna, the man who made the decision to arrest everyone based on whether they were wearing colors, or not.
The possibilities are very real, including boiler rooms, phone calls, yard signs, giving people rides to the polls, helping them register to vote, vote early, absentee – whatever it takes.
They both listen intently when told that the leadership of these clubs have declared they are motorcycle clubs, interested only in the benefits to enthusiasts through organized political action.
“What we saw,” says Cinek, recalling the shock of videos depicting the mortal combat of biker against biker, fighting with various weapons, many cut down by police sniper fire, “they could have cleared 20 acres and put a big fence around it, then told them to fight it out, to the finish.Why didn’t they do that?”
At that point of the interview, Pechacek let go with another string of profanity, something that is very rare with this rather refined man of the road. It is the only time in many years I have ever seen him get excited about anything. Anything! The guy is a rock.
He gesticulates, raises his voice, his face colors as he says, “Hell, they arrested mom and pops, veterans, Christian Riding Clubs, just anybody!”
To conclude, both make the universal sign of the Texas prairies, the one that does not translate from the Spanish, “¿Quien sabe?”
The gist of the conversations of these two is the same. What they do know is that something they grew up taking for granted has now slipped away into the past. Both men are not only shocked, nearly two years later, but outraged.
A barrel race at Jim Pechacek’s annual spring fling in Axtel.
Valley Mills – Brittany Lannen on January 12 tendered a 30-day notice of resignation on behalf of her law firm, Diaz, Lannen, and Wright, as city attorney and prosecutor in this Bosque County city.
Ms. Lannen cited a ‘toxic’ environment in working with City Administrator William Lynn and the City Council.
“We feel that our advice, counsel, and resources have been rebuked and underutilized,” she wrote.
Mr. Lynn made a decision that a legal opinion provided by the firm was incorrect and proceeded in spite of their advice to authorize purchase of energy from a company without the approval of the Council. When informed, the governing body refused to pay for the legal advice, according to Ms. Lannen.
Mr. Lynn also requested the names of council members who have been asking questions or opposed to his leadership.
“We will not be used by the City Administrator to ‘inform’ on council members who do not agree with him,” Ms. Brannen concluded.
McLennan DA Abel Reyna sought interlocal agreement with all law enforcement agencies to reveal the names of informants in 2013
Austin – Like the first puff of wind in the ocean separating Africa from the Caribbean, the coming storm signal hit the legislative opening day with the quiet resolve of an autumn phenomenon.
The only conditions necessary for the black leather-clad knights and dames of the road to level a full frontal attack on Abel Reyna’s re-election is for qualified candidates to step forward.
Like the fateful ad that attracted the attention of Richard M. Nixon at his law office job as an Orange County associate, the word is out: WANTED – talented young attorney with the ability to operate a dynamic law office in downtown Waco, TX, serving the People of the State of Texas as Criminal District Attorney.
It’s not the first time it’s happened. Reyna fended off a serious conservative challenge in 2013 when he sought an interlocal agreement with law enforcement agencies throughout his jurisdiction to make a routine disclosure of the identities of confidential informants in all felony cases.
The results have been mixed, to say the least.
Seasoned road warriors and legislative motorcycle enthusiasts from throughout the Lone Star State and points beyond are interested in ending profiling of their kind as criminals and outlaws.
They say over quiet meetings in Austin’s hotel lobbies, cocktail lounges and beer bars that the word is simple enough. Reyna has to go, but his replacement must first step forward and be counted.
“We will be glad to interview the candidates,” said one seasoned veteran of the biker wars, in town for the opening of the legislative session.
A number of candidates have made their desire for the job known in previous campaigns. Resources offered by two-wheeling policy enthusiasts include staffing boiler rooms, putting out yard signs, and attending campaign events.
It’s one campaign in many, but one that bikers are taking a keen interest in attending.
Hillsboro – A District Court of Appeals at El Paso found no reversible error in affirming the guilty verdict a Hill County jury handed down in the shotgun murder of a teen-aged girl whose father shot her in a darkened pasture during the terror-filled hours before dawn on July 23, 2012.
Testimony presented at the trial of Edward Odell Collins of Whitney showed he was under the influence of methamphetamines when he and his children fled his rural house at the corner of FM933 and 1713 after he saw what he thought was a gang of people stalking his property with flashlights and heard an object strike the side of the dwelling.
He and his three children drove across the property to a wooded area in his van before alighting and hiding in the brush at a fence line.
When Collins heard a muffled scream behind him, he turned and fired his shotgun in the dark, only to learn the blast killed his daughter Judith, 14, a high school student.
Collins and his two other children hid in the woods until dawn, when they left the child’s body behind and drove to the Sheriff’s Office at Hillsboro. Deputies returned to the property with his son and found Judith’s body and two cell phones with the batteries removed.
An earlier call to the 911 operator brought lawmen to a convenience store named the Hitchin’ Post which was operated by his father. He told them he had no knowledge of a disturbance or a home invasion. The call to the emergency operator had failed due to a dropped signal, according to reports.
Collins drew a 40-year jury sentence for murder in the trial, which he appealed on the grounds that there was “insufficient evidence for a guilty verdict, a lack of jury instructions regarding self defense, defense of third persons, and mistake of fact, and the appointment of a pro tem prosecutor to represent the state” in the case presented against him, according to the appeals court’s opinion.
The panel found no error and affirmed the jurors’ verdict and the sentence they chose.
Testimony revealed that Collins heard gunshots and saw people running around with flashlights. He lost his glasses and admitted that he suffered from poor vision when he fired three shots at the flashlight images, though he saw no persons.
Collins “told the investigator that he heard a yelp, and thought whoever it was with these flashlights, had circled around behind him.”
The shotgun pellets punctured his daughter’s heart and liver; she died within moments, according to a statement given by his son.
Though they returned to the store, he told his children not to mention to his father that he had shot their sister and killed her.
A Civil Service Commission unanimous decision, he was ordered to have a psychological examination by a psychiatrist of the city’s choosing, even though his personal care giver had signed off stating he was mentally fit for duty.
FIRST THINGS FIRST – A MAN’S GOT TO TAKE CARE OF FAMILY
He was obliged to retire upon his reinstatement – with no status as a finder of fact or as a peace officer – to the job he formerly performed, after he proved his sanity. “We have already had mediation and as part of such, I agreed to retire” – on the eleventh day of the eleventh month of 2016, Armistice Day.
Apparently, there is not much regard for seeking the facts in such cases, and it’s a statewide policy.
He went on to say, “State law isn’t friendly to whistle blowers, and with a cap of $250,000 (in compensatory damages), had we gone to court (assuming I won the case) I would have likely walked away owing more than I could have been awarded.”
And then, he apologized for not mentioning the case had been dismissed before we failed to check our facts. Nice guy, but that one’s on the house. It’s a reporter’s job to check it out – first.
First mistake The Legendary ever made in his life.
“…I didn’t mean to mislead you to think this was ongoing; but instead I meant to give you an avenue by which you might be able to obtain additional information.
“I was interested in your comment regarding (Fire Marshal) Vranich authoring something in the report. The last I knew, Vranich had not authored anything in that case. Should one request open records (on FD records/reports), specifically asking for ‘any/all investigative narratives by any/all investigators;’ might be beneficial (that is if the city will release them.”
When asked several weeks ago if Fisk retired, Vranich refused to answer the question, saying, “He is unemployed here. That is all there is to it.” He made it clear he is answering no further questions.
Said Fisk, “I have no way of knowing if my last narrative in that case (added to case report after I made a report to Waco Police Department Internal Affairs and had that investigation taken from me) remains; but if it hasn’t been altered/deleted yet; I expect likelihood it soon will be. I’m not sure how one would know otherwise; unless the request also included ‘modification history of the record’ as well. (Hint)“
Shake and Bake Explosion: “AN UKNOWN SOURCE OF HEAT”
Waco – Kevin Fisk, the former Lieutenant in charge of arson investigations at the Waco Fire Department, is seeking a quarter million dollars in compensatory damages in a lawsuit alleging, among other things, that Waco Police detectives obstructed justice, lied, and covered up evidence in a murder by arson investigation of a 2012 Bosqueville trailer explosion.
Fire Department executives and City officials stripped him of his status as a peace officer, such perquisites as a city car, and his badge and pistol when they forced a Civil Service Commission order for a mental fitness evaluation in a hearing held on October 8, 2015.
A legal glitch caused a delay in fitness for duty certification, according to the lawsuit filed in the 66th Judicial District of Hill County, and Fisk was returned to unrestricted duty on June 27, 2016, only to learn “denial of the lead arson investigator position…removal of Plaintiff’s duties as peace officer, accompanied by denial of any badge credentials or identification associated with his being a peace officer,” according to the suit. Fisk was returned to “a reduced-duty position as of August 1, 2016.”
Fisk’s attorneys filed suit on August 12.
Police and fire executives had long been at cross purposes in the investigation Fisk was working on when he was suspended pending a psychiatric evaluation.
During the ensuing years, arson investigators concluded that the explosion, which was so violent that when firefighters arrived within minutes, the cooling water they sprayed on the trailer turned to steam and scalded them, resulted due to an act of arson.
Police, on the other hand, on October 2, 2012 announced they had closed their investigation of murder “after exhausting all leads in the case,” according to Sgt. W. Patrick Swanton. A K9 team could turn up no evidence of accelerants.
“At this point, there’s nowhere else that we can go with it. We can always open it back up,” he told media outlets.
During his investigation of an explosion that claimed the lives of Ashley Dawn Rogers and two of her children in a N. 19th St. Bosqueville trailer park on February 16, 2012, Fisk relates, police made an “apparent unlawful seizure of evidence in the form of videos (and/or digital devices containing such videos) of an arson incident in which individuals within a home lost their lives.”
One child, two-year-old Kaiden Megginson, survived the blast when an 8-year-old neighbor boy pried a hole in a shattered partition and pulled him to safety during the first few moments after the explosion. Ms. Rogers, 27, Madison Megginson, 3, and Gage Megginson, 8 months, perished of thermal burns and smoke inhalation.
According to an arson report authored by Fire Marshal Kevin Vranich, “an unknown source of heat” at the open door of the trailer suddenly ignited the entire dwelling and totally involved the structure in fire within moments. The only exit door had been fastened by sheet rock screws as an expedient remedy to keep the children from opening the door and falling to the ground below in the absence of rear porch steps, it was learned.
In his legal petition, Fisk further reported that “a police officer with the city of Waco Police Department…was ‘taking care’ of a forgery case on the basis of a ‘quid pro quo’ arrangement between an officer and suspect reflected in text messages sent between a police officer using a City-issued cell phone, and a suspect in an investigation.”
Fisk said in an e-mail Tuesday night, “I believe, without any doubt, that Ashley Rogers and her two children were murdered.”
By covering up the evidence he obtained in his investigation, he alleges in his suit, the Police officials and their superiors at City Hall violated various sections of the Texas Government Code, and the resulting treatment he received violated provisions of the collective bargaining agreements hammered out by the Civil Service regulations of the City of Waco.
Reports of legal violations are protected under the Texas Government Code. For this reason, “it is illegal for a state or local government entity to suspend or terminate the employment of, or take any adverse personnel action against, a public employee who in good faith reports a violation of law by the empoying governmental entity or another public employee to an appropriate law enforcement authority,” according to the suit.
“Notwithstanding the prohibition of (Texas Government Code) Sect. 554.002(a), on account of Plaintiff’s protected reports, Defendant imposed a series of adverse personnel actions upon Plaintiff, including initially, beginning on October 1, 2014, an attempt to have Plaintiff make a false worker’s compensation claim, an attempt to force an unplanned psychological evaluation outside the scope of pertinent civil service rules governing such evaluation, formal written removal of investigative responsibilities and threat of further disciplinary action, termination of access to police records and building, verbal and written reprimands issued by the City of Waco Fire Department, false accusation of misconduct, forced cessation of communications with certain City of Waco Poice Department and City of Waco Fire Department employees, and suspension of Plaintiff’s employment with the City of Waco pending a purportedly necessary fitness-for-duty examination. Plaintiff’s employment was continued under suspension with the City of Waco despite a fitness-for-duty certification by Plaintiff’s own treating medical provider. That certification was in bad faith challenged by the city of Waco.”
Waco narcs seized 2 kilos of coke at 3120 S. IH-35 on Feb 28, 2015; a year later, the cases against two men were dropped ‘in the interest of justice,” according to the DA’s office. They did seize a 2003 Mitsubishi.
Waco – Officer Adam Beseda got out of his patrol car and ran down the taller of a Mutt and Jeff team of two Hispanic males after they knocked at, then quickly backed away from the door of room 110 at the Motel 6, 3120 S. I-35.
His report states that Homero Gonzalez-Jaimes “became very nervous” when he asked why he and his running buddy were at the motel. In fact, Gonzalez was so nervous he couldn’t tell him why they had circled the parking lot once, then homed in on the room where a black man surprised him by answering the door.
It looked as if he wasn’t who the two men from Austin were looking for. “I asked if they were visiting friends and he said he didn’t know,” Beseda wrote.
When he began to pat him down for weapons, he noticed Gonzales would not raise his left hand above his head. He kept his arm clamped to his side tightly. Beseda found a solid oblong object under his shirt, near his waist band.
That was a heat-shrink wrapped package of what turned out to be a kilo of cocaine packaged in black plastic electrical tape.
Gonzalez’ companion, Victor Flores, who made the trip from Austin with Gonzales in his grey 2003 Mitsubishi had dodged between two vehicles parked nearby. He ducked down and stood back up quickly. Officers found a similar sized object with the same shape – resembling a videotape cassette – a nearly identical package of one kilo of cocaine hidden under the wheel of a Cadillac. Though it was raining at that hour, about 7:45 pm on February 28, 2015, the top of the black package was dry. It hadn’t been there long.
Beseda put Flores through similar questions.
“I talked with Flores and asked if he was there to see a prostitute or if he was there to engage in prostitution…” As they spoke, according to Beseda, Flores began to relent. “He then told me ‘it is what it is’ and ‘if you say I put it there, then I put it there.’”
In his experience as a Waco narc, Beseda noted in his report, “individuals who have been confronted with the fact of the possession of any amount of narcotics not belonging to them was met with the utmost voice of denial.”
Contrary to all his previous experience, Flores’ tone was very subdued and understanding, Beseda wrote, adding that Flores acknowledged “that what I located was narcotics and he was in close proximity of where those narcotics were located.”
A drug dog alerted on residual odors in the console where the cocaine made its trip from Austin. A field test indicated it was cocaine. The cops, who were working with a full crew of the Drug Enforcement Unit, busted the pair, charged them with the first degree felony of possession of more than 400 grams of cocaine with intent to deliver.
They seized the car and started the paperwork for a forfeiture of the vehicle in District Court.
In a “Prosecution Disposition Report” filed in 54th Criminal District Court before Judge Matt Johnson, a finding of dismissal of the charges against both defendants is noted. The Court ordered both to pay a laboratory fee of $180 to have the Department of Public Safety laboratory analyze the controlled substance as cocaine, a schedule 1 narcotic.
He refuses to prosecute cases involving a confidential informant unless that informant’s name is divulged to the prosecution, a fact that is to be made available under the Texas Rules of Criminal Evidence Number 508 upon discovery to defense counsel for the accused.
The circumstances of these cases are revealed in a belated report by veteran narcotics officer David Starr filed on February 9, 2016.
That prompted a Texas Rangers investigation and led to the suspension with pay of both Starr and Drug Enforcement Unit Commander Clare Crook for many months pending the investigation ordered by Reyna.
“On 2/28/15 I received information from an individual whom I know their information to be relable, credible and trustworthy because the individual “herinafter referred to as informant) has provided information to myself and to other officers of the Waco Police Department in the past and on each and every occasion the informant’s information has proven to be true and correct. Informant’s information was corroborated through interviews with other officers and independent investigation. I wish not to reveal the name of the informant for my fears for the informant’s personal safety and well-being. The informant in the past has led to the siezure of controlled substances and arrests and convictions in state and federal courts.
“The information received was that there was an individual coming to Waco from the Austin area that would be in possession of cocaine. The informant was in conact with the suspect as he progressed to Waco. During this contact the informant learned that the suspect was in a small gray colored car but did not learn much more. The initial meeting spot was going to be the Motel 6 at 3120 S I-35. This location is known for high drug activity and is easily accessible from the interstate. We also had investigators watching I-35 in an attempt to locate the possible suspect vehicle…”
When Gonzales did not show up at a forfeiture hearing, the judge awarded his 2003 Mitsubishi to the State of Texas, a vehicle he told the narcs he’d paid $1,000 to purchase when they questioned him prior to his arrest on February 28, 2015
According to court papers filed by the DA’s office on Jauary 8, 2016, “Since a default judgment was entered in this case, the proceeds from the auction will be a 70/30 split.”
Midland Police Detective Kay Therwanger told fellow cops, “FYI DEVELOP YOUR OWN PROBABLE CAUSE” (click for full size image)
Robbie Glossop, Jr. found it hard to believe, much less comprehend.
One moment, he was crossing the street in front of the Midland Police Department in the pre-dawn hours of an April morning in 2013, the next, he was sitting in a cell, trying to arrange bail – for a Class C misdemeanor, jaywalking.
It took twelve hours, but his 83-year-old mother finally arranged bail the following afternoon.
In the ensuing years, he says, he’s gone and figured; now, he thinks he’s got a handle on what happened – and why.
Glossop is the scion of a near-centenary petroleum family business founded by his father.
His divorce from Peggy Summers had just become final, and he was having a lot of trouble getting an explanation from executives at Wells Fargo Bank just why his statements were going to a new address – hers. More about that later. First, why the precipitous police action of clapping him behind bars with a demand for bail, for jaywalking? That’s a matter of history.
Click here to watch a video of the shooting that led to a new statewide police policy on dealing with allegedly angry persons:
The worm turned forever on a blazing hot day in August, 2000 when State Trooper Randall Vetter stopped a 72-year-old man on an I-35 frontage road near San Marcos for not wearing his seat belt. When the man got out of his car, he was holding a Mini-14 rifle at the hip. Despite Vetter’s repeated commands to put the weapon down, the irate little old man took a snap shot from the hip – and scored an accurate hit between the Trooper’s eyes. Then he blithely called dispatchers on the trooper’s own radio, stating his reason as a need for “assistance.”
He died behind bars a number of years later while doing a jolt for murder of a police officer. Vetter died within four days. He had no idea what he was headed for when he flipped on his emergency lights and put his suspect vehicle on the side of the dusty road at Kyle, Texas. Vetter thought he was going to ask an elderly man did he know why he stopped him, check his license and insurance, and make a decision whether to write him a warning ticket, or issue a citation for not wearing a seat belt.
Ever since then, law enforcement agencies have used a device called an “internal service bulletin” to advise fellow officers to watch for certain persons of interest who have indicated they are armed, violent, dangerous, or looking for trouble. Naturally, the cops are advised they should “develop a probable cause” to detain or arrest them – cool them off, slow them down, detain them in order to restore calm, or otherwise keep the peace through filing charges.
How Robbie Glossop reached the point of being a person of interest in a “develop your own probable cause” case of jaywalking is an intricate study in the politics of doing business with too-big-to-fail financial institutions in general, and Wells Fargo in the big middle of the Permian Basin oil patch in particular.
He was angry, and a Midland Police Detective named Kay Therwanger knew it. In her document, she alleged that he was known to be violent, had guns, and had been diagnosed with a mental disorder.
Quite simply, Glossop was pretty sure someone had their hand in his pocket. In the years following, he has gone to elaborate lengths to prove it while the government has frustrated his attorneys’ efforts by withholding vital information that would help cinch his case.
Wells Fargo CEO John Stumpf apologized before the Senate Finance Committee in September for fraudulent practices discovered in 2013, practices such as opening credit accounts and other services without the knowledge of customers. (Senate press release) But the ranking members – the Democrats – aren’t satisfied. He will be in a January 6 session to answer more and specific questions. Senator Elizabeth Warren (D-MA) appears to be determined to show the big shots they may be too big to fail, but not too big to follow the rules while they succeed by using certain – ah, aggressive sales techniques. So far, Wells Fargo’s practices have cost more than 5,000 “team members” their jobs in “community services.”
According to Glossop, “This is about Wells Fargo being used as a pivot point to void (a legal provision known as) arbitration.”
It all started when the Midland cops stopped Glossop for speeding on a trip home from his new address in the DFW Metromess. He was back in town to appear in Municipal Court to answer the summons when someone stole the license plate off his pickup by ripping the bracket and all off the bumper.
Said Glossop, “In that neighborhood where I lived, that kind of thing just doesn’t happen. No one steals peoples’ license plates off their cars – ever.”
On a trip downtown to file a complaint for the theft, he violated the State Traffic Code that prohibits crossing streets in areas other than crosswalks, if designated as such by local authorities. To this day, he and his attorney C. Luke Gunnstaks insist no such crossing zone exists in front of the building, that the cops violate the unwritten rule just as do most visitors because, after all, there is no crosswalk painted on the pavement.
That’s just like, no one gets put in jail for walking across the street from the parking lot to the Midland Police Department – ever.
The Glossops’ d-i-v-o-r-c-e was – ah, sticky, to say the least. Accusations and innuendos flew – back and forth – and when the final decree was due, the divorcée wanted an extension to a protective order, hard fought, lengthy, complete with hearings, depositions and other legalistic falderol.
With the help of Gunnstaks and Odessa divorce attorney Cynthia Clack, Glossop fought the opposition to a standstill – or a draw – with a take nothing judgment. The Judge denied the extension in his final order concerning the post-divorce lititgation. Nevertheless, Glossop still lives out of town.
But the play-by-play in the dispute is interesting in its entanglements with the bank.
According to a legal memorandum generated by the Gunnstaks Law Firm, Glossop’s ex, Peggy Summers, made a sudden career move to working as a member of the Wells Fargo “investment team,” this “despite having no prior work experience in that field.”
In her previous career, Summers had worked in the family business, Glossop Petroleum, and “It is a fact that following his divorce from his ex-wife Margaret Summers (a/k/a Margaret C. Summers, a/k/a Margaret Catherine Glossop, a/k/a Margaret “Peggy” Summers, a/k/a Peggy Glossop), which was rendered on September 13, 2012, and finally signed by the Court on November 7, 2012, Mr. Glossop learned that unbeknownst to him, she had already been hired by Wells Fargo Advisors…”
The family had “for decades” maintained accounts at the bank, according to Gunnstaks, who cited “Glossop’s knowledge of his ex-wife’s ‘character’ and reputation within the family and within the larger community for dishonesty and acts of moral turpitude…”
Due to Glossop’s “knowledge of her personal history of efforts to access the family fortune to the detriment of Mr. Glossop and his sons,” Gunnstaks wrote, Glossop set out to make his concerns known to the management.
What happened next set the tone of all that would follow.
Glossop was at the time wearing black prescription compression socks to keep blood clots from passing to his heart and lungs. Dressed in a black polo shirt and khaki walking shorts, he appeared at the desk of Anthony “Dale” Austin, who was then holding down a position as Vice President, Community Banking District Manager, Concho-Permian Market, at the bank’s high rise location, 500 W. Texas Avenue, in downtown Midland.
Judging from the tone of the questions an answers during depositions, it was the black compression socks, of knee length, that seems to have set the staff in a tizzy. Then, there were the allegations that Glossop strolled around in the hallowed grounds of the “third floor,” picking up cards from peoples’ desks from the little trays where they were displayed for customers to take one.
Since Austin had neglected to return his calls, Glossop reasoned, he would get some cards and phone numbers, titles and names of secretaries, and get back in action on the phones.
But when it comes to allegations of the audacious action of just snatching and grabbing cards out of the little plastic trays used to offer business cards to the customers, Glossop flatly denies that one. He says a secretary furnished the cards upon request.
Gunnstaks notes that “instead of Mr. Austin acting within the scope of his duties to Mr. Glossop as a diligent custodian of Mr. Glossop’s account and the Glossop Family accounts at his banking institution in response to a customer’s serious and immediate concerns about the confidentiality of his accounts within Mr. Austin’s perceived custody, care and control, after Mr. Glossop had spoken to him without incident and had left the premises, Mr. Austin chose to rquest that a “criminal trespass warning” be issued by the Midland Police department in Midland, Texas, on November 12, 2012, which warned Mr. Glossop to not return to the bank at which his family had banked for decades and which held his own accounts and his family accounts which contained no less than hundreds of thousands of dollars in various accounts, and at times tens of millions of dollars, held under the names of his Mother, his Father’s Estate, his son and himself, on some of which accounts Mr. Glossop retained signatory authority.”
Among the allegations of criminal violations, Gunnstaks includes:
18 USC §1344 – Bank Fraud;
18 USC §1341 – Frauds and swindles;
18 USC §1342 – Fictitious name or address;
V.T.C.A., Texas Penal Code §32.51 – Fraudulent Use or Possession of Indentifying Information; and
V.T.C.A., Texas Penal Code §31.17 – Unauthorized Acquisition of Transfer of Certain Financial Information.
Please note that some of the above statutes provide for fines of ‘not more than $1,000,000.00’ or imprisonment for not more than 30 years, or both.
To say the least, questions and answers about the allegations of mail fraud and fictitious address federal violations became testy, when asked of Dale Austin, who was reportedly transferred to a branch bank in Idaho following his problems at Odessa.
“Q. Are you familiar with 18 USC 1342 Fictitious Address…Although it’s not 30 years or a million dollars, you would still want to know if that was happening at your branch under your watch, wouldn’t you sir?
“A. I would not condone activity that would be in violation of the laws or not in the best interests of our customers…”
In the questions, it developed that the information needed to change the addresses on the personal statements of Glossop’s accounts wasn’t available to the Advisors’ department. Someone in the retail banking department would have to have supplied it.
Asked about violation of the Texas Penal Code, Austin replied:
“A. Yes. As I stated, I would be concerned about any violation of our laws or activity that would not be in the best interest of our customers.
“Q. So are you saying that Ms. Summers is not authorized to even have access to that information?
“A. It’s my understanding that the systems that Wells Fargo advisors use do not have access to our retail account information…”
“Q. Right. And that would be a conspiracy, wouldn’t it, a combination of two or more people to achieve an unlawful object?”
At that point, Max Wright, the attorney representing both Wells Fargo and Dale Austin objected, saying “MR. WRIGHT: Objection. That calls for a legal conclusion.”
Gunnstaks said, “You may answer,” and Austin replied, “Again, I don’t know the specifics of the law, but it sounds like it, yes.”
In the aftermath, Gunnstaks recalls that the score is about even. No funds ever changed hands in the admittedly fraudulent raid on Glossop’s personal banking records. As to the Glossop family’s corporate accounts, the answer to that question is “Unknown.”
A Freedom of Information Act (FOIA) appeal to the Federal Office of the Comptroller of the Currency (OCC) turned up empty because the bureaucrats on the Potomac concluded that “All of the responsive information is related to the OCC’s examination of the Bank, and is, therefore, exempt from disclosure under the FOIA pursuant to exemptions…” The OCC further denied discretionary disclosure.
Peggy Summers lost her job at Wells Fargo. She’s not employed in the Midland office of Cambridge Investment Research, a Fairfield, Iowa outfit though a FINR “Broker Check” showed she was “terminated” in January, 2016 under the allegation that “Employee viewed a client’s account info without authorization.”
Is there a City Hall conspiracy to violate Glossop’s privacy?
He insists there is.
“This was a group of actors who were coming after us.”
Detective Kay Therwanger testified that during the 23 years she worked crimes against persons prior to November of 2012, she had never heard of any complaints against Robbie Glossop made by his former wife Peggy Glossop
Records of those complaints had been subpoenaed for her appearance as a witness. Attorney Cynthia Clack asked her:
“Q. You’ve brought a whole bunch of records with you today in your hands. Are these all the records that you’ve accumulated since November 2012?
“A. Yes, it is…
“Q. Okay. So – and I just want to make sure I understand. The reason you first became aware of Peggy Glossop Summers was because of some voice mail messages that Robert Glossop, Jr., had left with – for Dale Austin (Vice President of Wells Fargo, Midland) to call him.
“A. That is correct.”
The gist of what was established by that line of questions had come earlier. The detective admitted she had never met Amy Bracken previous to that day, that her husband Steven Bracken was employed at the Midland Police Department up until a few weeks prior to that date, and that she had “no idea” why he left the department.
Amy Bracken worked with Peggy Summers at Wells Fargo.
According to Glossop, “It all scared mother so badly, she signed over the mineral rights to 2,000 acres of oil and gas property for twenty cents on the dollar – approximately $38 million.
What is so scary about a bank’s admitted fraudulent practices?