All posts by Radiolegendary

Memo: DA’s Co-counsel Gave Feds Info ‘Against Reyna’ In Interviews

Millie Thompson with Antonio Buehler, an Austin activist videographer she represented in a case of depicting cops in an act of brutality 

Waco – An Austin attorney intends to file a memorandum of law in support of the disqualification of elected Criminal District Attorney Abel Reyna and his staff that alleges “conflicts of interest, bias, prejudice, and acts of professional misconduct,” including the failure of his two co-counsel in the current prosecution of Bandido Jake Carrizal to provide the defense with exculpatory evidence of their interviews with federal law enforcement “against Reyna.”

Millie Thompson represents Paul Landers, an Austin business man and motorcycle enthusiast who serves as the state coordinator for the Confederation of Clubs and Independents, in his indictment for engaging in organized criminal activity at an ill-fated meeting of that organization that resulted in his arrest among 177 other defendants, the death of 9 men and wounding of 20 others at Twin Peaks Restaurant on May 17, 2015.

In her legal memo, Ms. Thompson alleges, “Michael Jarrett, who interviewed with federal law enforcement officials against Reyna within the last 5 years regarding the preferential treatment of defendants in exchange for campaign contributions, failed to provide the defense with Brady notice of those acts of politically motivated prosecutorial bias. Amanda Dillon also interviewed with federal law enforcement on those allegations, and she failed to provide the defense with Brady notice of Reyna’s politically motivated prosecutorial bias.”

The two prosecutors, who serve as lead and second chair in the trial team currently at bar in the Carrizal case and are slated to prosecute Landers, are guilty of shielding Reyna due to his financial interest in the 154 indictments, according to the complaint, as are all other members of the DA’s staff.

Precedent setting cases hold that it is the duty of prosecutors to obtain justice, not just to seek convictions. This among numerous other citations propound allegations including engaging in ex parte communication with 19th Criminal District Judge Ralph T. Strother in order to serve a warrant of search on her client Landers, political opportunism in dismissing cases against political campaign contributors, and other forms of influence peddling as the reasons supporting the across the board request for disqualification of the DA and his staff in the Twin Peaks cases.

One may read Ms. Thompson’s filing by clicking here.

To Live In Fear No More

Left to right – Sean Boyette, Deborah Davis and Christopher Davis

Bellmead – The “New” Dallas Highway – the old main drag headed north on U.S. 77, is a dark appendix, cut off by the I-35 “access corridor, its four lanes dotted with cinder block lounges.

“Old Friends,” at number 1200, is pool shooting venue with live music, karaoke, ice cold beer and hot mamas. One of them crowed to her sisters, “Girl, I’m a full time employee. See, I’ve got a husband and a boyfriend, and they don’t know about each other. I work all shifts, seven days a week.”

The interview appointment is for midnight, closing time on the cusp of a Sunday evening shaking hands with Monday morning. A mother and her son run this venue, and they’re ready to come forward and unburden themselves with the truth about what happened to Ashley Dawn Rogers on a frosty February night in 2012 at a Bosqueville trailer park on N. 19th Street.

Deborah Davis and her son Christopher have grown weary of keeping mum about the secret details “swept under the rug” by public officials they perceive as hostile to the truth, to the extent they will cooperate with a prison clique that ordered a bogus “green light” on an in-law daughter, a mother of three carrying a fourth child no one knew about.

As it turns out, the evening Ashley and two of her children met their doom in a murderous attack wherein the weapon was fire was to have been her last with her children.

Child Protective Services was in the process of arranging their foster care with members of the father’s family, Tommy, Deborah’s son, now estranged by the violent events that cost him his kids, while the life of a boy, Kaiden, was spared by a courageous neighbor who ripped the aluminum siding off a bathroom wall and pulled the child to safety. In the process, he burned his hands and forearms horribly after interrupting a ball game he and friends were watching on television.

The boy was unable to escape by the back door. It had been nailed shut.

City officials of the police and fire departments were in such a hurry to cover up the true details of the terrible event that they have falsified the investigation, according to the mother and son. What they found is contrary to the report that held the three victims were together in a back bedroom. Ashley was found on the couch, the baby on her chest. That’s what led to the destruction of an arson investigator’s career. Kevin Fisk refused to bend his professional will to a batch of Kool-Aid he just can’t stomach. He is now a private investigator. 

Christopher says the FBI agents who interviewed him told him her body was so laced with the powerful downers percocet and xanax that she could not have done anything to help herself when the explosion and fire came. Her mother-in-law Deborah thinks she was already dead. The boy had taken refuge in the bathtub as advised during his young life, after escaping an imprisonment in the back bedroom.

It’s at this point where the story descends into the macabre.

Kaiden is beginning to regain his memory, to get over the traumatic event that shattered his life. He remembers two men with white faces, goons wearing hockey masks, who put him in the small bedroom as they prepared the explosion.

In the ensuing years, the facts have been twisted by an investigative authority hell bent on concealing the truth, they say. It’s true that there has been a complete shakeup of the executive leadership of the police and fire departments. Men and women sacrificed their careers to cover up the truth about something so horrible it has not been told.

In fact, the sole prosecution of their number, seven indictments for engaging in organized criminal activity centering around the theft of a member’s car from a car lot operator to whom he had just sold it, was declined when elected Criminal District Attorney held out for the names of the confidential informant or informants who helped build the cases.

The police refused to give the information as required by an evidentiary rule, and that derailed the only effort made to bring the clique to justice. 19th Criminal District Judge Ralph T. Strother told the media at the time in public remarks, he had “never seen anything like it.”

In a follow-up interview with lead prosecutor Michael Jarrett, he explained, “I represent all the people, even the offenders. My oath is to do justice, and not simply obtain convictions. If the Constitution isn’t being followed, it’s my concern.”

He further commented that the policies on revealing identities of confidential informants in the Waco Police Department are irregular to his experience. “I’ve worked in three counties now, and this is the first one I’ve seen where they do things this way.”

He also said that information used to convict or as probable cause in the investigation of drug offenders must be corroborated from other sources, according to state laws. It’s not possible to do that if the prosecutor has no idea of the identity of the confidential informant.

His attitudes so expressed echo those of District Attorney Abel Reyna, who long ago told The Legendary that his intentions are to operate “the people’s law firm” in the DA’s office. He, too, said that he represents the entire community at the time of the early days of his election campaign. 

The gist of it is this. Certain members of a Texas prison clique known as the Aryan Circle and their associates have served as informants for so long that if they are outed, the officials who have used them will go down, too.

At the time, these professional criminals who play both ends against the middle made a renegade decision to execute Ashley Dawn Rogers because of her knowledge of child pornography, extortion, money laundering, and credit card fraud.

The cognoscenti of the underworld of meth cooking and drug dealing are convinced that there is a video of her daughter being violated, produced as pornography, and a segment of the fire being set and the subsequent explosion.

The alleged truth is, whether that evidence can be produced or not, it is what led to the vicious murder of a mother and her children, sanctioned by the by-laws of a criminal organization under the false pretenses of men who have since been exiled from their former pariah status as members of a caste of individuals long since isolated by society for their criminal ways.

They took advantage of a lapse in leadership of the gang, ordering a falsely “registered” green light that turned out to be bogus. They have since been banished by the organization and are presently serving time in “PC” lockups under protective custody, the institutions privately operated by corporations in lockups sprinkled across the nation and their status held secret from public scrutiny.

There is the multilater allegation of a strong federal presence involved, including FBI, BATFE, DEA, and with the cooperation of the Texas Department of Criminal Justice, institutional Division operating in a joint task force. That word comes from both sides of the law, in the dark and the light.

In this exclusive interview, the relatives of the woman who was the target of a murderous attack made to look like a misadventure involving the manufacture of “crystal,” the devilish amphetamine compound smoked, injected and snorted by addicts who don’t live long, along with her three children, name names and give intimate details they say they can no longer live with.

It’s a long story, but it’s worth listening to if you value your children, your property, and your sanity. The bottom line is this. The authorities are not really here to protect and serve. No way. Not even close.

So mote it be.

  • The Legendary

 

 

Smoking Gun Paperwork In DA’s Case Of Crooked Dealing To Drop Cases

Waco – Dallas lawyer F. Clinton Broden wants this guy Abel Reyna. He’s got the facts, and the facts say there is a federal investigation underway, looking into the legal ethics of the sitting elected Criminal District Attorney, who is accused of political opportunism in his quest to prosecute members of the biker community, namely Matt Clendennen, former Scimitar, who was busted on May 17, 2015.

It’s true. We have the paperwork to prove it. In a protracted series of appeals to the Attorney General of Texas’ Open Records Division dating back to the summer of 2015, we of The Legendary obtained an example of a smoking gun left in the record by an assistant prosecutor named Joe Layman. Before he left under a cloud, fired by Abel Reyna, he noted on a disposition sheet that a certain party’s case had been dismissed because he made a political contribution to the campaign war chest of the DA.

CLICK ON IMAGE FOR ACTUAL SIZE

Now that’s a matter of great dispute because 154 people out of 177 arrested on May 17, 2015 following a ritual blood bath worthy of an Imperial Roman holiday involving agents provocateur, undercover cops, confidential informants and other features of intrigue worthy of classing with the boldest moves of the NKVD in Mother Russia are trying like hell to get a fair trial on an elusive day in court, 30 months after the fact.

The first defendant to be tried, Bandido Jake Carrizal, has languished for two weeks at the defense table of the 54th Criminal District Court, and so far, the only testimony heard involving he and his fellow bandits is that they rode into the parking lot and were immediately stormed by a rival club, the Cossacks, with flying fists, bullets and batons while the cops stood back with M-4 Patrol rifles at the ready. Nine died, 20 were wounded, and 177 arrested. Not good.

These are the latest filings in the Matt Clendennen case, and they are chili pepper hot.

First, there is a motion to produce the material related to a “federal criminal investigation related to Reyna making seclective prosecutorial Decisions based upon political opportunism.”

Second, there is a “supplement motion for order to show cause why the state should not be held in contempt and motion for sanctions and request for immediate hearing.”

So mote it be.

– The Legendary

Immunity? From What?

Waco – Los Pirados – the pirates – started with I3 original members. Their colors are orange and black and the center patch of their three-piece with a Waco rocker is a “laughing theater” face.

Mike Lynch, the current president of the club, is a residential plumber from Mart, Texas, located about 20 miles due east of Waco.

Years ago, he was impressed with the Confederation of Clubs, their legislative arm, the Legislative Strike Force, and U.S. Defenders. They made him see that he and his brethren and their old ladies could have some influence in the affairs of state.

His wife Sandra approached the management of Twin Peaks to reserve enough space both on the patio and in the parking lot to hold a two-hour meeting of two regions of the COC in order to hear about developments at a national meeting of the organization, to update members from both the Austin and central Texas area and the Dallas-Ft. Worth areas. She was expecting 200 bikes.

The couple wound up busted for engaging in organized criminal activity, but they have not been indicted. There’s a story in that. Before the day was over, Sandra Lynch had been vilified and abused, her husband threatened and terrorized as before beginning in March at the location.

Lynch has a special relationship with a Constable of Precinct 1, Walt Strickland, who is also a home builder and fixer-upper. Lynch testified, “He’s one of contractors,” when he took the witness stand.

When Lynch saw there would be trouble, he called Strickland. It’s the way things are done in this area. You know a lawman, and when trouble shows its ugly face, you call him, no matter where you are or what jurisdiction you may be in. Strickland assured him the authorities would look into the matter.

This prompted a great deal of tension on his cross examination by the defense counsel. Here’s how it unfolded.

Before he called Walt Strickland, Mike Lynch said he saw no patrol cars. Right after he called him, he saw a patrol car drive through the lot. He demurred when asked if he has seen the text messages he sent Walt Strickland. Casie Gotro asked why are you hesitating to answer that question? “Because I just saw them.” He said Michael Jarrett showed him. He said, “All of a sudden I saw them (the Cossacks) come over the rail.” And that’s how it started, the so-called shoot-out. A superior number of Cossacks, estimated at about 100, waited to ambush the Bandidos. When they arrived, they abandoned the postions on the patio where they had taken every available table and neglected to order any entrees or beverages, and attacked. That was when the first shots were fired.

Bandido Jake Carrizal’s defense attorney Casie Gotro asked him if he had been offered immunity in exchange for his testimony. Say what? Immunity from what? He and his old lady went to a political meeting, suffered harrassment and abuse, and now he needs immunity from prosecution to tell the truth about what happened?

Lead Prosecutor Michael Jarrett objected mightily.

Gotro re-phrased her question to “Did the state offer you testimonial immunity to testify today?” Lynch said, “They were supposed to.” When pressed, he said. “I don’t know.”

It’s like this. Lynch stationed himself at a truck stop not far from the Twin Peaks restaurant to meet up with his fellow Pirados. His wife contacted him to let him know things weren’t going as planned. He told her to stay out of the way.

When he left Flying J on March 17, 2015, he learned the Cossacks had cussed his wife, run over her foot, spit on her. He called Constable Walt Strickland and asked, “Walt, where are the uniforms? You know they’re trouble.” At that point, the judge called a 15-minute recess.

While he waited at Flying J for other members, he saw as many as 60 Cossacks pass by. He called his wife Sandra who was already there. “I told her to stay out of the way.” It turns out it wasn’t the first time that kind of thing happened when confronted by members of the Cossacks.

At a visit to Twin Peaks in March, Sandra Lynch and Owen Bartlett went outside to smoke. When Lynch went outside, Owen Reeves and 8 or 9 Cossacks surrounded him. They kept him surrounded him for ten to fifteen minutes. “He was just running his mouth, that’s all…Maybe wanted trouble, but I wasn’t having it.”

There’s a reason for all this.

When Los Pirados adopted their three part patch, they took he art work to the President of the Heart of Texas Bandido Chapter, “Just to make sure it didn’t conflict with any other club. They are a mom and pop club because they have female members. They are members of the Region One COC&I and the Legislative Strike Force of U.S. Defenders. He is aware that there is a Waco Cossacks Chapter and that there is no Bandidos chapter there. “I knew they didn’t like each other.” He said, “I had no concerns about the Bandidos whatsoever…I had concerns about the Cossacks, yes.”

Jarrett asked if he thought it was reasonable when he comes to talk to people to be armed?

Lynch asked, “What’s the question?” That’s when Jarrett asked if he thought it reasonable to carry two AK-47’s, two Glocks and a thousand rounds of ammunition. Lynch  said, “I don’t know; some people carry that in the truck all the time.” He didn’t call 911 when the Cossacks ran over Sandra’s foot. He said, I wasn’t going to walk through the Cossacks. I was scared.”

Accuse DA Of Misconduct

Waco – DA Abel Reyna’s prosecutorial misconduct is “so egregious” the indictment against Paul Landers should be quashed, according to his attorney.

In a pleading filed today, Austin attorney Millie Thompson accuses the elected criminal District Attorney of withholding Brady material that could lead to her client’s acquittal if placed on the record.

Brady v. Maryland is the name of a landmark Supreme Court ruling that led to the release of a man who was not guilty, and though the prosecutor knew it, he did not release the material to the defense.

Paul Landers is the Austin produce broker who attended a national meeting of the Confederation of Clubs at Denver the weekend before May 17, 2015, and learned of a nationwide thrust of motorcycle enthusiasts to have motorcycle profiling legislation enacted throughout the U.S. He was intended to address a joint meeting of two regions of the Confederation of Clubs and Independents at Twin Peaks Restaurant in this city on that Sunday, but actions of uninvited, non-members in support or members of the Cossacks Motorcycle Club started a gunfight that resulted in the deaths of 9 men, the wounding of an additional 20, and the arrests for engaging in organized criminal activity of 177 people, all of whom were charged, their bail set at $1 million each.

According to the motion to quash, the DA and his staff have participated in numerous acts of misconduct, including causing the delay of a jury trial long since scheduled to have occurred. That’s for starters.

One may read of the particulars by clicking here to see the entirety of the document. 

‘Deep Infliction’ at Twin Peaks: The Bigger Picture

There is a great deal of circumspection in the testimony of the people who planned and carried out what was really a combination ambush and raid on what they knew would be a gang fight at Twin Peaks on May 17, 2015.

Detective Jeff Rogers of the Waco Police Gang Unit wrote in a May 1 memo, “I’m getting information from more than one source of a big meeting of Confederation of Clubs…All Red and Gold Support Clubs are expected to attend. The potential for violence is very, very high….I’m also being told that the Hells Angels are getting involved as a support club for the Cossacks.”

At a briefing on the Sunday morning of the operation, according to testimony from Sgt. Stephen Drews of the SWAT Team, Rogers had an unknown civilian with him. That plainclothesman also accompanied him to the operation at Twin Peaks. Drews said the duo was there to provide surveillance and operative information to the squad.

DPS Narcotics Agent Chris Frost testified that before they installed a pole camera and deployed their agents at the Twin Peaks operation, Lt. Schwartz first applied the concept of “deep infliction” by checking to see if there were other law enforcement agencies they were unaware of involved.

Asked if the “deep infliction” security check is done with “another law enforcement agency,” he replied to the defense counsel question by saying it is a “law enforcement based” organization. He did not further explain the remark.

There is no indication of what or who mans this “law enforcement-based entity.”

The fact that the primary DPS role was to provide security on the surrounding highways to make sure that bikers coming to the COC meeting were scrutinized and investigated turned out to be a dud when their experience was that there was in fact no particular threat to law enforcement as indicated in the operational plan.

He also denied knowledge of a squad of white Toyota 4-Runners present.

Steven Drews of the SWAT unit said he does not know Owen Reeves of the Cossacks. Nor did he see the so far unidentified “man in the blue shirt,” he said with a laugh. He also said the Waco pollice were all dressed in their blue standard uniforms. The Legendary snapped a photo of one officer dressed in camouflaged battle dress, wearing a Kevlar helmet.

The defense’s questions are turned such that it appears there is much that does not immediately meet the eye involved, something deep and not to be discussed, as if there is a limiting order by the court, as we have seen in other matters, that does not permit discussion or witness examination about the operation.

Twin Peaks: Business the key word in testimony about biker bars – wars

DON CARLOS MEXICAN RESTAURANT, NEXT DOOR TO TWIN PEAKS

BE IT REMEMBERED: BEFORE THE PROSECUTION TEAM SIDETRACKED THE WACO POLICE INVESTIGATION, IT BEGAN AS A CAPITAL MURDER INVESTIGATION INTO THE KILLING OF JESUS “MOHAWK” RODRIGUEZ, ACCORDING TO AMANDA DILLON, IN HER CROSS EXAMINATION OF AGENT CHRIS FROST, DPS NARCOTICS

Waco – Peter Caldwell is a trim, avuncular executive with a cowlick in an iron gray brush cut, wearing starched khakis and a sensible plaid shirt. He waded into the well of the 54th Criminal District Court as if it was a part of the circuit training scheme at a local health spa, set his bottled water on the witness stand rail and settled in to write his name and testify.

Employed as the General Manager of the Don Carlos Mexican Restaurant in the Central Texas Marketplace next door to the former Twin Peaks location, he answered lead prosecutor Michael Jarrett’s first question in a hearty baritone with a flat, midwestern affect.

How would you describe your business on Sunday afternoons?”

Great!”

And there you have it, the word that reverberates through all the testimony about the biker bar wars so heavily emphasized during the first two weeks of testimony in the first Twin Peaks trial for engaging in organized criminal activity.

Business.

Jake Carrizal is clearly charged and tried first in this massive series of felony trials because the shooting started when he rode in at the head of a file of fellow Bandidos astride his gleaming Harley-Davidson, looking for a place to park on March 17, 2015, and no less than 15 to 20 guys rat packed him before he got off the scooter.

In that part of the crowd, a president of the Hill County Cossacks wearing Black and Gold colors was shot in the neck with a handgun; the bullet exited through his neck. A prospect he had watching the bikes, a man named Clifford Pearce who was formerly a Bandido, got shot in the thorax; he is paralyzed from his chest down.

Both have insisted they have no idea who shot them. There’s no point in asking why. Everyone knows it’s a territorial thing in which one club or the other takes over the watering hole.

But when you listen to business men like Caldwell, you get the impression they aren’t all that happy about that.

It’s bad for business. In fact, when you listen to the testimony of a DPS Narcotics Agent named Frost and a Waco SWAT Team Sergeant named Drews, you know it’s true. They visited the location with their commanders, men who tried to persuade the Twin Peaks owner to not host biker events for that very reason.

He demurred, said he’d go his own way. He’s no longer in business.

He wisely folded his tent, moved on, and the franchiser voided his contract and his lease – on the spot, after all the shots were fired and the bodies fell bloody and limp.

Not good.

Jarrett’s next question to Caldwell: “Do you get a lot of people on Sunday afternoons after church?” Caldwell said he does. Both grinned. Code. Business man for, “Hey, I’ve got a lot of money tied up in this location. Can’t afford to let some bunch of goons run my business off…”

He has a 16-camera security system, it’s purpose, according to his answer to the next question, is to “secure our property.”

Going against the grain didn’t do his competitor any good. The name, Patel, he tried to buck authority and the authorities won, it seems. They begged him to reconsider hosting a summit meeting of two Confederation of Clubs and Independents districts at a central location in Waco. Why? There was such a high potential for violence, and they had proof, they said.

The meeting of the legislatrive council of bikers nationwide a month before in Denver declared motorcycle profiling a top priority. But anyone knows you can’t get much done if you’re fighting with each other. There was this thing about the Bandidos, colors, a bottom Texas rocker that seems important enough to fight about, and the fact that the Cossacks refuse to go to COC meetings because they won’t pay the $100 a year dues. The Bandidos have some say in it. They won’t go that route.

The Texas Alcoholic Beverage Commission was standing by to do an investigation. More than three disturbance calls in any given month and you’re shut down for 28 days pending an investigation. Who can stand that in a high cash flow business like hospitality and restaurant? And yet, it’s been established through testimony that there had been no disturbance calls at the Twin Peaks location.

And then the jurors saw that famous “man in the blue shirt,” from a distance, depicted on the Don Carlos system’s Channel 2, blurred, and he provided a narrative – that the guy was scratching his head. But where was he standing? In the doorway of the Don Carlos Restaurant, and what did he do? He signalled someone across the way that the Bandidos had arrived by tapping his head – twice – and then he ran like hell for the door of Don Carlos, where he sheltered in place. Just before he came inside, two guys, one with a peaked ball cap, the other with a backpack, passed his way and went inside.

It was a moment, and then the Judge recessed court for the day, told the jury to come back at 9 am. because he needs to go to a funeral and serve as a pall bearer for a dear friend.

But there were others whose business suffered, and it’s duly noted in the trial transcript.

A Midlothian bar owner called off bike nights when 10 squad cars and more than a hundred bikers from the red and gold nation and the rival black gold clique squared off for a staring contest back in 2014. The man testified he started the whole thing to augment business on a slow night, and found it was “the most frightening thing” he had ever experienced.

A Fort Worth Bar in the Riverside neighborhood closed after a man died in a fracas over the same thing – colors – and a Bandidos Chapter President caught the chain for 40 years for the killing.

In Longview, on April 1, a Nomad Chapter President of the Bandidos wisely walked away from a fight at an Applebee’s Restaurant before it could get any worse and avoided a disutrbance call and a trip to jail. But nevertheless, though no one was arrested, officers learned who was involved and a detective ran a cursory investigation to determine who was responsible. He testified about that on Wednesday.

Two roadside assaults of bikers from the Bandidos and the Cossacks left the victims bleeding from head wounsd on the same day, March 22, 2015, both caused by blows from claw hammers, a Bandido in Lorena on I-35 at about 1 pm, and a Cossack at a truck stop in Gordon, Texas, on I-20 at about 3 pm. Both cases are open to further investigation, not cleared by arrests.

What do these cases have in common? They both have people involved in them who wound up getting arrested at the Twin Peaks massacre on Sunday, March 17, 2015.

They have something else in common. In all four cases, Jake Carrizal, former vice president and present President of the Dallas Bandios, has nothing to do with any of it. Zip. Nada.

These murky images from the Don Carlos video surveillance tapes is to be seen on the presentation:

Contempt and Show Cause Motion In Twin Peaks Case Filed 10/18

Dallas attorney Clint Broden with his client Matthew Clendennen

Waco – A Hewitt man indicted in the Twin Peaks cases for engaging in organized crime is seeking a contempt citation for the court in which he is charged, 54th  Criminal District.

The State has asked for a continuance, and Matthew Clendennen’s attorney is opposed to that, seeking materials for trial held by the state that have been court ordered to be turned over to him.

He is seeking a show cause hearing before a visiting judge appointed to take over the case after Judge Matt Johnson recused himself.

Reasonable Inference At The ‘A-D Corner’ Ambush

I-35 at the 322 Mile Marker, scene of a deadly ambush on a Bandido

Waco – Sights seen while court watching are often amazing, rarely dull, and almost always fraught with conflict. Sometimes. 

Watching the DPS pole camera video of what happened in the gunfight at Twin Peaks is like watching a bloody battle skirmish through a two-inch crack in a closet door. The camera’s field of focus is really only a few yards wide. 

It turns a tragedy into a peep show, and then there’s the digital clock running through the slo-mo segments while Assistant DA Amanda Dillon halts the action, backpedals, and asks Agent Chris Frost if he sees anyone retreating, if he considers the menacing behavior of men wearing their club’s colors walking tall through their rivals’ space with their chests thrown out, their shoulders rared back.

Do you consider their behavior insulting? “Yes,” the agent answers in a monotone.

It’s an insult to walk so boldly, she emphasizes, repeatedly, asking for his assent each time.

The view is of a massive steel pipe supporting the bar’s sign, “Twin Peaks,” at what the tactical squad, the snipers of the SWAT Team call the A-D corner. In reality, it’s the apex of an inverted L-shaped formation.

At 12:22:15” Ms. Dillon sings out, after many minutes of watching men walk around and into each others’ space rudely, one suddenly sees the Cossacks leaping over the rail of the patio where the COC meeting was to take place. The Bandidos have arrived at a point many yards off camera, stage left. Everyone runs that direction.

At 12:24:38, the first shot rang out, thought the video is silent, and everyone retreats, running back to their left, stage right.

At 12:24:53, Mohawk “engages” the Cossack with his bare hands, and at 12:24:58, he’s pinned in his death struggle. Big Jake Rhyne of Mingus, Texas, walks up at 12:25:00 with his gun in his hand. At 12:25:02, he fires and turns to walk away.

It’s a sickening process, as bad as watching something dreadful that you’ve been through before, a nightmare that always ends the same. In this case, it’s the death of a Marine with the road name Mohawk – Jesus Rodriguez.

He was not a Bandido, but he was wearing a supporter’s colors, and when he saw a man pull a gun, a man wearing enemy colors, black and gold, he didn’t hesitate. He assaulted him from the front, delivering a throat strike with his bare right hand, then wrestling the much heavier man to the ground, where he ultimately lost the struggle and wound up on the bottom, where his life ended when a very tall Cossack walked over with a pistol in his hand and casually shot him in the face. His autopsy report also shows a medium sized bullet hole in his back. As the gun-bearing assailant walks away, he is cut down by rifle fire, and the original challenger stands up, dusts himself off and strolls back into the fray, which is off camera, stage left.

The last bit of violence occurs when Bear Kirschner collapses before the big green pole, bleeding from a rifle wound in the back of his this, at 12:25:28. At 12:28:31, the scene is “contained,” according to the testimony of Agent Frost; the gunfire stops.

But, wait a minute. There is not a single picture of Jake Carrizal, not even the barest mention of his name. He’s the defendant, and he’s sitting only a few feet away from me, on the other side of the bar separating the gallery from the well of the court. He sits by while his defense counsel, Casie Gotro, bounds out of her chair to object to the form of the question, leading, calls for speculation, and is overruled repeatedly.

There is no evidence that he had any part in the killings we are asked to pay such minute attention to in every last gruesome and morbid detail.

We’ve heard all about what others did.

Chris Frost works narcotics for the DPS. He started out as a State Trooper, then took a promotion to his present role as a detective who often investigates gang-related crimes.

He tells the jurors that he first became aware of the “incident” at Lorena, at the 322 mile marker on March 22, 2015 (3/22). He says that he established liaison with Jeff Rogers of the Waco Police gang unit, and they visited the Legends Motorcycle Shop owned by the President of the Waco Cossacks, John Wilson. No evidence is offered to show that Wilson had anything to do with a deadly assault on a lone Bandido named riding his bike when three pickup loads – a forceof 8 to 10 – of Cossacks forced him off the road and beat him with a baton, a chain, a hammer, and “possibly a pipe.” It put him in the hospital.

The case is still open, according to a cop who compiled the nonexistent evidence.

Casie Gotro asked him pointed questions about what he didn’t do to solve the mystery of just who tried to beat the life out of Rolando Campos after he and his dad got into it with the Cossacks barreling down the interstate on their scooters – road raging their way to eternity.

He demurred, failed to answer her questions – politely. She didn’t bother to try to hide her contempt.

Again, no mention of Jake Carrizal.

It was one of four incidents that led up to the violence at Twin Peaks, according to the prosecution.

They include:

About two hours later, in near west Texas, a cashier at the Bar-B Truck Stop at Gordon, Tx recalled how at about 3 pm, her second cousin. Cossack David Young, pulled to pump 2 and filled his hog with gas. His wife came in to pay, and when she looked out the plate glass window, she exclaimed, “Oh, fuck!” Three pickup loads of dudes were whipping up on her husband’s head with a claw hammer. One man came in the bar wearing a black t-shirt with a Bandidos logo on it. “He asked me to do something I couldn’t do, and then he left.” She said she didn’t know the men threw down cell phones on the ground. The assailants left with the Cossack’s colors. The cop who drove in from Palo Pinto County never said who did it. There’s no proof they were Bandidos.

John Mason is the owner of the Oasis, a bar in the Ellis County town of Midlothian. He discontinued Bike Night in 2014 after “one of the most frightening incidents I’ve ever seen.” Members of “Red and Gold” and he Cossacks immediately began to compete for the territory within its narrow walls. It started with a staring contest. When a cuss fight started on a Friday night during a crowded karaoke party, he remonstrated with “Willie,” a member of a red and gold club and was “basically shut down.” He got nowhere with the Cossacks. When he got the same treatment again from the Cossacks, he found he had to usher his regular patrons out the back door at the unprofitable hour of 9 pm. By that time there were 60 more bikers standing by, and 10 squad cars from 3 counties. That is one of four “incidents” the court intends to review without mentioning specifics.

In an April 1 showdown at Applebee’s in Longview, Cossacks and Nomad Bandido Marshall Mitchell reportedly got into a verbal disagreement about wearing their colors. It ended when Mitchell left the scene.

According to testimony from the manager and the police officer who investigated, that was all there was to it.

According to a defense objection, “The only thing this can do is to prejudice the jurors…There has to be a nexus that involves Jake (Carrizal)…It’s inadmissible evidence.”

The judge ruled that the testimony could be elicited with no mention of the specific details of the cases.

What did all these folks have in common? Those whose names were not allowed to be mentioned were all arrested later at Twin Peaks.

Folks Only Knew What They Needed To Know

JURORS WILL SEE A BLOODY MESS IN BANDIDOS TWIN PEAKS CASE

Waco – Just like any rule, there are exceptions, and the witness exclusionary rule is no different.

That’s why it came as such a surprise when Zach Carrizal answered the call to the witness stand in midmorning Tuesday during the comedy of errors the first Twin Peaks trial in the case against his brother Jake has turned out to be.

Zach is a wrench; he works on Harley-Davidson motorcycles. Lives in Ruidoso, New Mexico, but he started out in Dallas, growing up in the same house with his brother Jake. On one side of his shaved head is the tattooed image of the Fat Mexican with the machete, revolver and sombrero.

His father, who now lives in Ruidoso, is also a Bandido, as is his uncle, the former President of the Dallas Chapter of the Bandidos, who was arrested and charged alongside his brother Jake after they arrived in a flurry of flying fists and bullets whizzing over the heads of cops and bikers alike at Twin Peaks Restaurant at noon on Sunday, May 17, 2015.

Zach had been subpoenaed and sworn as a witness, but he was not excluded from the courtroom. When lead prosecutor Michael Jarrett called him to the stand, he stood and strode to the box with confidence, wrote and printed his name on a tablet, and waited for the first question.

Jarrett asked him what does it take to be a Bandido, and Zach replied without having to stop and think.

Being a man.”

How does one become a Bandido? You prosepect. How? By being a man. How do you do that? “Doing what you say you’re going to do.” Such as? You show up where you say you’re going to show up. If not? “Make a phone call.”

What if you don’t do what you say you’re going to do?

You’re no longer a member of the club.” They pull the patch. You’re out in bad standing.

On cross examination by his brother’s attorney, Casie Gotro, he testified the entire amount of the $400 dues paid by member chapters to the natioinal Bandidos club he earlier told Jarrett goes for “all the legal expenses the brothers are facing nationwide.”

Ms. Gotro remarked, “It sounds like he’s accusing you of illegal activity. Is that what it sounds like to you?”

He answered, “Yeah. Kind of.”

And after he testified, he said though he was a surprise witness, and no one prepared him to answer the questions, he just spoke the truth. He testified he does not know just who it was who told his brother Jake that members of a Hells Angels support club are not allowed to wear their patches in the Dallas-Ft. Worth area.

THE SMOKING GUN TAPES OF THE DEFENDANT’S TEXTS

Similarly, text references from Jake Carrizal about the Junkyard Dogs said, “We took their heart patch. Now they’re just a mom and pop club. They are punks.” In another question, the reference to a text message stating the weather report for Waco where the Bandidos would meet at a Confederation of Clubs and Independents gathering to hear about legislative issues pending in Austin, Jake told his members that it looked stormy. “Remember, we are all in this together.” He said they should not bring their old ladies to the meeting. “At all.”

Zach disagreed with a question from Gotro stating it “looks like the Bandidos have some kind of regulatory authority.” Jarrett had earlier gotten his agreement that there is no law against wearing a patch, and that all the Bandios patches are “earned.” You can’t just go out and buy one and wear it. When it came to the “Expect no mercy” path, he said he does not know what it means because “I haven’t earned it, yet.”

He testified about the courtesy of a Devil’s Disciples member in calling to say they will be traveling through New Mexico. Lead Prosecutor Michael Jarrett quizzed him, asking the part of the message stating the Disciples are a “HA” support club, meaning Hells Angels. Zach was unruffled.

IT WAS MIDMORNING before the prosecutors finally got the text messages to load onto a reader so that defense counsel could compare them with what they have, even though they have insisted all along that she received “simulataneous discovery.” There’s something about the format. The computer is too slow.

Jurors were impatient when they were seated twice, then sent back to the jury room because the images were still slowly loading on a computer.

Judge Matt Johnson was more than impatient. He displayed his anger, saying the lawyers would work through their lunch break. “We can’t have the jurors waiting around like this.”

When they finally got the job done, and the action began, the prosecutors sat in stunned silence after Johnson delivered a sweeping series of sustainments to objections to the material on the phones of Jake Carrizal, Bandido Nomad Marshall Mitchell, and a man named Allen. Defense counsel’s motions were based on grounds of the confronation clause of the Sixth Amendment dealing with the witnesses against the defendant, and the evidentiary propriety of the discovery material and its distribution.

A seasoned attorney observing the action predicted that the sight of so much blood in the pictures the jury will eventually see will probably tip the scales against the Bandidos.

In this phase of the trial, they are seeing how the Bandidos made a brother.

They are also seeing how the ATF, DPS, and Waco police made a mess – a bloody mess.

They heard testimony from a certified officer named Chris Schaeffer who allowed that the only reason a criminal street organization, as he has branded the Bandidos, to come to the Twin Peaks meeting on Sunday, May 17, was to rumble violently with the Cossacks.

Defense counsel had to overcome vigorous objection by the prosecution to get testimony on the record that the reason for that meeting was for State COC Chair Paul Landers to give an update on what he learned at a national meeting in Denver the previous month. Jarrett insisted the answers to those questions called for speculation. The judge gaveled him down.

Probably the most telling testimony came from the Waco SWAT Sgt. Stephen Druze, who recalled how he and other special weapons squad members deployed in five marked Ford SUV’s, clad in traditional blue uniforms, locked and loaded.

He let the jurors know that there had been decisions made and he was following orders, that the decisions came from a gang unit honcho, Officer Rogers and by the top brass. They visited the owners of the Twin Peaks Restaurant and were unable to persuade them to not allow the meeting to go forward because of their concerns over a recent violent attack on a Bandido by Cossacks wielding hammers at the I-35 322 mile marker on March 22 – 3/22 – and its aftermath jat the Bar B Truck Stop at Gordon, Texas on I-20 later that afternoon by what a Palo Pinto Deputy named John Hardeman testified he thought were a group of Bandidos. They visited the President of the Waco Chapter of the Cossacks, John Wilson, at his motorcycle shop then located near the Valley Mills exit on I-35.

Defense counsel asked about phones thrown down at the scene of the bloody attack at Gordon and the costume worn by the assailants. She asked if he thought they could have been from another group. His answers were inconclusive. He never apprehended any of the assailants, and an attendant at the filling station said she thought they were Bandidos because of the shirts they were wearing.

Druze testified on cross examination that he knew of no undercover officers in the crowd, that he was unaware of a man in a blue shirt at the entrance to Don Carlos who signalled with his right hand when everyone was in position and then ran for cover, and that he had no direct knowledge of the plans made by the federal and state authorities.

Said Druze, “There were a lot of people out there that day.”

They visited everyone involved and cautioned them, but they never visited the Bandidos, less than 10 of whom rode into a bloody ambush, attacked before they could get off their scoots.

RITUAL VIOLENCE FROM THE EAST IS A CAUTION, TO BE SURE