Twin Peaks Dismissals: No Expunction Possible, Says Lawyer – ‘Probable Cause’


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Six Shooter Junction – The motions for dismissal approved by 54th Criminal District Judge Matt Johnson offer defendants no possible avenue for expunction of their record, nor does the language of the order hold any hope to recover damages in a civil rights case.

Notice that the  reason ticked off in the form is “other,” and adds the missive,

and for cause would show the Court the following:

While probable cause for the Defendant’s arrest and prosecution remains, based on continued investigation, the State is exercising its prosecutorial discretion in dismissing this matter in order to focus its efforts and resources on co-defendants with a higher level of culpability.

“People are entitled to an expunction (expungement) of their arrest record if the DA dismissed a case stating that there was no probable cause. Here, the language on the dismissals prevents expunction. The probable cause language on the dismissals is also aimed at the civil rights lawsuits. If there was probable cause for arrest, they can’t recover damages in a civil rights lawsuit for false arrest,” said Millie Thompson, an Austin attorney who is representing defendants arrested at Twin Peaks on May 17, 2015, who were charged with engaging in organized criminal activity that led to capital murder, and/or aggravated assault.

Obviously, the industrialists, merchants, and developers who actually grease the wheels and stoke the economic engines of the City of Waco and the County of McLennan have stepped in with some heavy handed demands to protect the treasuries of their municipal corporations from the fall-out of a catastrophic series of decisions and their related events following the debacle of a government operation gone completely berserk and out of control.

You would expect more rational behavior from a Mardi Gras parade or a gaggle of revelers in bikinis and baggies at a Spring Break bash on South Padre.

I have spoken.

“The lawyers clean up all details since daddy had to lie,” said Don Hensley. And so, as the players throw the swag in the bag, make their break for the bank, and the cut or the hut, let it be remembered that when we inquired of the District Clerk John Gimble when we would be able to access the record and what if anything would be done about future access to his office while trials are in session, he had a secretary return the message that he would “get back with” me on Thursday, February 8. He was right, and I haven’t had to chance to talk to him. In fact, I’ve had warmer receptions in meat lockers.

And I sure as hell didn’t get any facts or documentation from his office. That was reserved for the news organizations that drank the Kool-Aid on May 17, 2015, before the blood on the pavement had dried and the arrestees were still sitting sans boots, belts, and billfolds on the parking stripes while they waited to catch the chain.

So mote it be.

  • The Legendary, in his own write

5 thoughts on “Twin Peaks Dismissals: No Expunction Possible, Says Lawyer – ‘Probable Cause’”

  1. I didn’t mean to imply that there is no hope on the civil rights cases – only that the language was crafted with that in mind. ~Millie

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