‘I Broke No Law’ – Militia Chief Answers Critics

“If we lose Texas, we lose it all,” says Militia Commander…

Robert Beverly of TSM Phoenix answered his detractors this way…

Arlington – Robert Beverly – we mistakenly called him John in earlier posts – says he is not only unconcerned with his detractors’ criticism, he welcomes it.

As the Commanding Officer of the Texas State Militia, he is working from inside the law, as a licensed security officer and the chief executive of a Texas corporation. To him, it’s just another chance to demonstrate his organization’s abilities under the law.

Starting as a member of the overpasses protests, he one day got the revelation while dealing with members of the Texas State Militia Vanguard.

It was in a dispute about FCC licensing of ham radios, something he could not make his fellow soldiers understand as a benefit, and the notion came in loud and clear. “Why would you want to fight from outside the law? Why don’t you fight within the law, and you can do it.”

When he couldn’t work the dispute out with the Commanding Officer, he recalls, he submitted his resignation, and that was that. He doesn’t mention anything about a unanimous vote to eject him.

The mission, as Beverly sees it, is to offer anyone who is concerned with the defense of his home, his community, his state, and his nation, with an opportunity to make an informed decision.

That’s part of the challenge,” he said. “Get folks to understand how perverted the law has become.”

At the time he became “unsettled” with conditions of his citizenship, he remembers, “The biggest thing that hit me was my ignorance, and to what degree they control me because of my ignorance. It made me angry and it made me unsettled.”

The key to defense by militia is to organize as security guards, trained under the guidelines and requirements of DPS regulations, vetted as law abiding men and women, and licensed to patrol property with the permission of the land owner.

As a militia sanctioned by the Governor’s Office, “You have to keep it really small; as a security company, I can be as big as I want to be.”

For an investment of from $200 to $300 a person can be trained and licensed as a Level 2 and 3 Security Officer – inclulding an $82 license fee for non-veterans and $32 for veterans – and no law enforcement officer can disarm or arrest them unless probable cause is shown to a magistrate of a legal violation.

DontComply.com Chief Murdoch Pizgatti accused Beverly of legal violations that “will affect his license.”

Beverly wanted to know, “How will that be?”

During the Sam Houston Rally at General Sam Houston’s statue in Hermann Park, he pointed out, “I did not arrest anyone; I did not take away anyone’s weapon. I identified myself only as head of security for Texas State Militia. I can say that all day long. Once I say I’m a security contractor, I have to comply with the requirements of my license. I was wearing only the emblem of the militia; I wore no badge; I wore nothing to show that I’m a security guard.

I broke no law.”

When it comes to casting aspersions, taking matters out of context, or blowing circumstances up out of proportion, “I welcome anyone who questions my motives.”

It only gives him another chance to display his organizational abilities and the advantages of the advantages of the status of his organization.

If a member takes advantage of training levels up to the skill classification of a Level 4 PPL Bodyguard, “You don’t have to worry about these 30.06 and 30.07 signs,” said Beverly. “You can carry your weapon concealed anywhere, anywhere at all, as long as you’re with your client – and you don’t drink.”

This would clearly obviate the need for police officers to become involved with taking care of security in establishments licensed to serve alcoholic beverages. A private security guard could easily head off trouble before it reaches the level of a dreaded municipal disturbance call and an investigation by the Texas Alcoholic Beverage Commission with the attendant 28-day suspension.

It works the same way with border security or any other concern that occurs on private property. “There’s a big difference in training and in application…They could take my weapon away if i’m just a citizen…We’ve been vetted. We are licensed.”

Was there an infiltration of his operation on Saturday?

The answer is yes. Members of ANTIFA and ANONYMOUS were apprehended putting on their masks and costumes in the restroom as the Miller Outdoor Theater.

They never made it to the area controllled by the militia.

Some persons wanted to carry Confederate Battle flags; they were apprehended in the designated parking lot, and isolated across the street in an area reserved for white supremacists.

He also acknowlededged that all security arrangements were suddenly scrubbed and replaced on police orders at 4 a.m., after long and careful planning.

I’m fixing to give Houston a party because of what they did to us on Saturday,” he said. “If we lose Texas, we lose it all. All the rest will fall in line.”

He’s right. As a native of the Bayou City, I like to think of messing with Texas as something akin to tap dancing on a land mine mounted atop a keg of gunpowder. One explosion on the Ship Channel would likely lead to a chain reaction nearly all the way to downtown Houston.

I have spoken.

I am sincere.

So mote it be.

The Legendary

Allege False Flag Event

Murdoch Pizgatti depicted at an open carry event in downtown Temple

Somewhere in the D-FW Metroplex – Murdoch Pizgatti took to the cyber web late Monday to voice a detailed allegation against ‘This Is Texas’ of creating a terrorist campaign.

By posing as ANTIFA activists on quickly fabricated Facebook pages, he alleged in a statement couched as a comment on a RadioLegendary story, This Is Texas spent $4,000 creating a media hoax that struck a terror-filled message in the greater Houston metro area.

We re-print his allegations here:

Holding true to principle, demanding justice, and always watching out for those who will take advantage of people in our community comes at a price. You must be willing to give away all you have to prevent parasites from continuing. We have gone on a hunt for terrorists in our midst that are disguised as patriots. They have put out threats of violence and destruction of property using fake Antifa pages all for political motives trying to get laws passed. These criminals used fear as a tactic to mobilize good hearted men and women. They knowingly took in and spent $4,000.00 of money we all gave even when we barely had enough to eat. People spent limited money on armor and helmets and other gear to be safe against this threat that was a lie. Some took flights, booked hotels and traveled untold miles in cramped cars. All for lies. And now that we are sifting through the records and narrowing it down several people became extremely defensive. We asked one of the Texas Antifa admins to cooperate with us and tell us who the other traitors were. This is the worst type of crime where the people hide their faces behind a keyboard as they spew hate, then smile and pretend to love freedom when you are standing next to them at the event they created from fear. Our motives have been true and honest. Our goal is to expose those that have deceived you.

In response to the slander video by Joseph Walker that he public he’d on Cheryl Walkers page I will quickly hit each point with a rebuttal in the order it appears in the video.

-He admits they knew it was a hoax before hand and decided to go ahead and scam everyone.

-No list was, has or will be given to authorities if the guilty come clean and offer to make whole their damage.

-Matt never met with TNM. There was a quick phone call. We often talk to all groups involved in these big events.

-Matt never went to the cops or talked to any government agent.

-We contacted an admin of the Texas Antifa page and asked for the other admins names.

-He wants you to help hide the identities of the criminal terrorists who posted threats online.

-He doesn’t want you to give us any info on the connections between the This Is Texas group and their Antifa counterpart that were able to have an event based completely off the fear mongering that they or affiliates perpetrated on the Antifa page.

-DontComply has never contacted the authorities to give any information on any criminal activity.

-He claims we hurt the cause by demanding the truth be told and liars admit their deceit.

-He classifies a remark as sexist when upon being harassed by abusive language Murdoch responded to Cheryl Walker “Calm your tits”.

-Again, we have never gone to any cops or threatened to. We have not handed any information to any government agency.

-We never threatened anyone. We did however tell one of the guilty Texas Antifa admins that we would take into consideration any help she may offer. We also never asked for any of Joseph’s personal info or anyone’s personal info. We only asked for names of the guilty.

We will see this through to the end. We want justice and for the deceivers to be exposed for who they really are.

Houston rally a hoax, patriot admits online

ALLEGATIONS FLY IN FULL-FRONTAL PATRIOTIC  FILIBUSTER 

Joseph Robert Walker said Saturday’s  Sam Houston rally was a hoax

SOMEWHERE IN CYBERSPACE – A sensational rally by armed patriots at the Sam Houston statue in Hermann Park was actually a hoax, according to a key participant.

Joseph Robert Walker said only he and a select few knew that there was no plan of attack by ANTIFA and other groups such as Black Lives Matter to demonstrate their desire that General Houston’s statue be removed from its arc de triomphe pedestal located on a hillock in a roundabout at the corner of S. Main Street where Fannin St. crosses and Montrose Blvd. connects.

Naturally, that is why no members of the opposition to preserving Texas history showed up, Walker said in a video statement distributed on Facebook in which he counters a denunciation of three key members of DontComply.com, an armed resistance movement centered in the Dallas-Ft. Worth area. In his video, he mentions a statement made by public relations director Matthew Short. Walker alleges Short’s statment is defamatory because it accuses members of TSM Phoenix, a security agency licensed in Texas to do both patrol work and training that will make trainees competent to defend property and persons in the state under contract.

A man who identified himself alternately as John Beverly and at other times Robert Beverly is a principle officer in the company, according to some sources. Others say he has become disaffected with the organization. A receptionist who answered at the corporate headquarters neither confirmed, nor denied that any such person works at the company.

“I don’t know. We have lots of people working in Texas. If he calls in, I will let him know you called,” she said, then slammed down the phone receiver, amid expletives.

Murdoch Pizgatti of DontComply.com said, “This will affect his license.”

The Texas State Militia in an online comment depicting Beverly said, “As posted here on 9/30/2015 (see below for additional details), Phoenix unit is not a sanctioned unit of the Texas State Militia. Nor is this individual, who claims to be the CO of said unit, a recognized member of TSM. He was stripped of any and all official capacity, or membership, in a unanimous 10-0 vote by the COs of the Texas State Militia, on September 30, 2015. He has since thrown a temper-tantrum and used his resources in an attempt to steal the name and reputation of TSM. The video speaks for itself, regarding his commitment to Texas, Texas‘ history, and political correctness.”

Robert, or John Beverly as depicted in an online video made on Saturday

Rumors that the organization was planning a hoax for Saturday at Hermann Park circulated online for all the days of the previous week.

At one point, Beverly in greeting attendees from the deep south discouraged them from flying Confederate battle flags because of a Rolling Stone article that appeared in July, 2014, concerning a protest of a Bureau of Land Management “land grab” of cattle land peripheral to the Red River near Burke Burnet.

“They just latched on to the Confederate flags and it was all over that,” he said.

Murdoch Pizgatti of DontComply.com recalled, “They gave us six pages of pure hate.”

One may hear the remarks of both antagonists, Walker and Matthew Short, by clicking here:

Matthew Short appeared in a live video from Hollywood, where he reported he is involved in principle photography of an investigative film about the liberty movement. 

 

 

‘Preserving our history’

‘THIS IS TEXAS’ FACES DOWN REVISIONISTS – AND THEY BLINK…

Jos. Robt. Walker gives the ancient V sign of the English long bowman, signifying he still has his draw fingers to nock an arrow and rain hell

Houston City – Koloneh still sits astride his horse in the roundabout that leads to the glittering stretch of Main Street known as The Texas Medical Center, past the ivied walls of Rice Institute and the greenery of Hermann Park. His legend provides a dream of freedom in which to believe and carry the fight, and about 600 defiant patriots gathered there on Saturday under the close watch of Houston Police officers to defy the worldwide Islamic fatwah against idolatry of their heros.

Their religious doctrine calls for either the execution by blade, or the accepted surrender of dhimmitude of any who will not yield to the demands of the Prophet Muhammed or accede to the law of their chosen religion – the religion of peace, as it is called.

In the face of their display of armed force, their enemy, the dreaded Fifth Ward Nation of Islam personality known as Quanell X of the New Black Panther Party – as well as representatives of anarchist groups from venues such as Seattle and Boston, New Orleans and Atllanta, and elsewhere throughout the nation, who flooded the city’s backpacker hostels – failed to make an appearance, as promised.

Their goal of demanding in public that the statue of The Raven, Koloneh, the hero of the 18-minute Battle of San Jacinto who presided as Grand Master over the formation of the Grand Lodge of Texas, was forgotten.

Sam Houston’s mount on a pedestal surmounting an elevated arc de triomphe has two raised hooves to signify his war wounds in his youthful fights with the Indians and at San Jacinto, as the commanding general who led from his position astride a horse.

He bled. Twice. As long as his statue is there, any warrior will know that, just by looking.

He fought because Sharp Knife had summoned Past Masters to the White House by personal letter – nothing other than his dinner invitations were ever written or recorded in the annals of the U.S. Government – to advise them that since a member of the Viennese Hapsburg dynasty was in power at Mexico City, the prospect of defending the nation’s southwestern border at the swampy Sabine River, thereby to collect duties and tariffs, repel invaders, and provide for lawful immigration, was nearly impossible. It would be so much better to have more than a thousand miles of cactus and burning sands, wild hogs and rattle snakes, scorpions, and a pitiless sun for a border, he reasoned.

Was it a land grab? Not really. Real property, he reasoned, along with Houston, the former District Attorney of Nashville, Indian Scout and man at arms, is titled, “to have and to hold.”

Double check on the verb, to hold. If you can’t hold it, you have nothing, as it is written and recorded on any deed worth the expense of the paper and ink.

Rousing rebel cheers greeted motorcycle enthusiasts as they arrived

Following an introduction by a citizen journalist, John Robert Walker and his wife Megan, from this city, both armed with AR-15 rifles and handguns, said – nearly in unison – “We are preserving our history.” The man raised his right forefinger and middle finger in the V-shaped salute of the English long bowman, the one intended for the enemy, the one that says, “I have my fingers and they are still fit to nock an arrow, one that is aimed at you, dear boy.”

Their unifying idea is that if your enemy can erase the symbols of a culture’s recorded history, within a generation or two, that culture’s values and principles of organization will fade into the forgotten twilight of a failed civilization.

Every tyrant who has triumphed in the history of mankind has sought similar dominance, they both noted. It is the organizing principle of “This Is Texas,” a controversial patriot organization that is making waves throughout a culture of defiant, wide awake and militant men and women who are hell bent on preserving their freedom so their kids and grandkids may flourish under the system for which Sam Houston, Andrew Jackson, and other members of the Party of Jefferson bled – in war and in peace.

A man who introduced himself as Brett, a third generation Houstonian, said “Something seems to have changed… People don’t seem to want to work.” He mentioned a certain lack of civility in the world.

Visitors to the rally parked in the lot provided for visitors to the Houston Zoo; they were met with air conditioned buses of the type used to shuttle patients to the area’s hospitals for their transportation to the rally, where they would be separated by mounted police from the counter protesters, who never arrived. Each busload were greeted by the deep voiced gravitas of John Beverly, head of security for This is Texas, who said, “Gentlemen, let me remind you – before you pull that weapon . Your life will change forever when you do. There are a lot of numb nuts out there – excuse my language, ladies – and you will be able to recognize them when you see them. When you do, point them out, and we will handle it appropriately.”

Cavalrymen flanked the crowds, ready encircle or outflank trouble

At one point, Beverly’s security forces distributed to each squad handheld tactical radios programmed to the same frequencies.

It was a moment, one representing a quick demonstration of the difference of colors, various signals that prompted the horsemen to encircle an area, or to withdraw and assemble on a different flank. Riflemen arranged themselves in loose-knit ranks of squads awaiting the next event 

As the ceremonies of singing the National Anthem, shaking hands and exchanging delighted hugs progressed, rousing cheers went up as newcomers rode in on their American made V-twin motorcycles, their flags flying. It was a real celebration, the kind of experience that resounds for a lifetime.

Police show their contempt for a ‘numb nuts’ ejected, with bullhorn

One such numb nuts tried to shout down a speaker with a powered megaphone. The crowd of armed men put the sleeve on him; they hustled him with the bum’s rush, his feet barely touching the ground, to the edge of the sidewalk where the Houston cops isolated him and escorted him to the crosswalk in safety. As he remonstrated with them, the cops advised him to leave quietly.

While the cops did this, people shouted such cat calls as “Say goodbye, little feller,” and “Go home and go back to being a keyboard warrior in your parents’ basement while your mama fixes your lunch.”

Wide-eyed kids rode by on the miniature train, their attention drawn to the horsemen, the armed men and women, the many flags unfurled, the esprit de combat oozing electric energy on the village green, the city’s Common where the militia drilled.

‘Something seems to have changed…’ said Brett, ‘People don’t seem to want to work.’ 

It was a peaceful demonstration of a militant society insisting on the respect that comes only when an enemy knows the means of defense is at hand, and the people – We The People – so armed lawfully, will not hesitate to use it. As another man we interviewed said, “There seems to be something different now.” Stepping over the line – the one the Colonel drew with his sword in the sand – will make a man and a woman feel that way.

At some point, in the middle of all this, the police commanders made a quick decision to not enforce the anti-smoking in public ordinance. Just don’t put the butts in the reflecting pool; it makes them soggy and hard to light. Smoke ’em if you got ’em. Field strip the butts and put them in the right place. Suddenly, the elements of the operation had coalesced into an avant village of brothers and sisters in arms.

Police Chief Art Acevedo, who seems to have arrived here as quickly as he could from Austin to take command of the department, could not hide the pleased look on his countenance.

After all, he lives and works in the nation’s third largest community, the worldwide petroleum production capital, and the Space Ci

Houston, we have no problem. It’s just another ordinary day.

I have spoken.

So mote it be.

The Legendary Jim Parks

Why not bus the protesters in air conditioned comfort instead of making them march under arms from the parking areas? Just blocks away, patients who have traveled from all over the world arrive at their hospitals in the same fashion? It’s how things are done in Space City. 

 

A Leopard Who Never Changed His Spots

Vowing he would never change his spots, Sen. Sam Houston gave up his seat in the upper chamber defending the 1850 Missouri Compromise

Houston – The general lay in bed in the Steamboat House at The Hunt, the chosen name for what is now Huntsville, and an antiquated name for “the deer lease.” He coughed his life away in a terminal case of pneumonia, alone, dishonored, shunned by his former colleagues in war and peace. The year, 1863, was one of the darkest in the history of the nation.

Houston had dared to be the only Democrat in the U.S. Senate who voted against the Missouri-Nebraska Act, the recognized precursor to the Civil War by those who cherish the illusion that the nation’s bloodiest conflict was fought over anything other than punitive import tariffs aimed at the agricultural southern states and industrial dominance by the states that remained in the Union and perpetrated what is referred to as the cassus belli, the tipping point that started the “War of Northern Aggression” at Charleston Harbor, South Carolina.

The utter insanity of civil war – either psychological or in real blood and bullets – will repeat itself in the Domed City on Saturday, June 10.

The chosen political street theater is an exercise in revisionist history, the removal of a statue of a person perceived as a militant slaveholder

ANTIFA operatives who are working on behalf of Black Lives Matter are planning to stage a rally and demonstration at the heroic equestrian statue of Gen. Sam Houston where Fannin and Main Streets cross in the Museum District, the entrance to Hermann Park.

Patriots planning to ride in on Harleys and in pickups stocked with well-iced coolers will muster in a supermarket parking lot nearby to prepare for their arrival as mechanized cavalry. The anticipated clash of cultures is as ridiculous as can be, since the objective – Houston’s statue – memorializes a former revolutionary General, two-time President of the Republic of Texas, U.S. Senator, Governor and Presidential aspirant who willingly gave up his political career trying to prevent the further expansion of slavery in what then Senator and President to be John F. Kennedy characterized in his historical work, “Profiles in Courage” as something worthy of honor.

The truth is, the dark horror of it all, is inscribed in the U.S. Constitution, Article 1, Section 2, which provides that… “Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other persons.”

It was by counting “all other persons” at three-fifths their actual number that the Republic had compromised the issue of parity of the great discrepancy between population of enfranchised citizens in the northern states and those in the south.

This method of determining representation in the lower chamber, which was limited to no more than 30,000 for each District, was repealed by the 14th Amendment, a measure which many activists consider to have never been truly ratified by the states because the eleven former Confederate States were then governed by martial law. Their Congressional delegations were thus prevented from casting their votes in the matter.

It is not surprising that Sylvester Turner, a man of color who came to the Mayoralty in 2016, says the issue is “not even on my agenda.”

Voting against the act that cost Houston his political career was truly courageous because it provided the freedom for states who joined the United States as territories to make their own determination as to what the law of the land would be in regard to involuntary servitude. If ever there was an example of states rights rampant, it was the Missouri-Kansas Act of 1854.

Houston had voted for the Missouri Compromise of 1850, which provided that no state above the latitude of 36 degrees, 30 minutes, would be a slaveholding state.

He sported a leopard skin waistcoat to symbolize, as any self-respecting rooster would, that he was one leopard who would never change his spots. In those days, the rooster was the symbol of the Democrats, rather than the donkey. The Raven was a flashy dresser. During his tenure as the Ambassador for the Cherokee Nation, he often wore beaded buckskins at Washington City as he made his diplomatic rounds.

Now, they have come for his statue, which depicts him astride his war pony, one of three shot from underneath him during the 18-minute Battle of San Jacinto, in which he was wounded in the ankle.

We shall keep our readers posted as to future developments in this city of bayous, creeks, rivers and the gumption to dig a 50-mile ditch to turn itself from a swamp into a thriving seaport, the only place in North America in which employees of the UK’s Diplomatic Corps receive tropical pay in compensation for the lovely weather.

“The Steamboat House”

 

 

‘To confirm if I saw what I saw’ – in one fell swoop…

Tiffany Walters, corrections officer who leaked the ‘hold harmless’ agreement in exchange for Twin Peaks bail reduction 2 years ago…

DON’T ELECT A CLOWN IF YOU’RE NOT EXPECTING A CIRCUS  – Clint Broden, Attorney at Law

Austin – Passing mile stones reminds one that all roads lead to Rome, and the reminiscence thereof clarifies the adage that the first will be last; the last will come first.

And so, shortly before midnight on May 17, 2017, the expiration of the deadline to file federal civil complaints under civil rights violations, the attorneys who have filed the most suits against the tyrants who served as stage managers for the cassus belli in the opening skirmish of Waco’s war on freedom for those with the pure dee temerity to rise up in the stirrups of their iron steeds and demand a toe hold in the councils of power announced their last filing just minutes before their last chance to toe the mark on behalf of the defendant who has demanded longer and more loudly than any other his day in court.

Lest we forget, the Confederation of Clubs and Independents meeting scheduled for 1 p.m. on May 17, 2015 at Twin Peaks Restaurant, Waco, was a gathering of motorcycle enthusiasts hell bent on 1) knowing what the hell was going on in the Legislature then in session, and 2) exercising their God given right freely assemble to petition the government for redress of grievances, as provided by the U.S. and Texas Constitutions.

Tell it like t’is.

The first civil rights lawsuit was filed by Matthew Clendennen on May 29, 2015. I just got back from Don Tittle’s office where we filed what is likely the last one at 10:45 pm for Cody Ledbetter…By my count, 131 plaintiffs filed civil rights lawsuits arising out of Twin Peaks. Don Tittle filed 118 of those complaints and I am co-counsel with him on 49 of those 118.” wrote Clint Broden on his Facebook page, an announcement forwarded to motorcycle enthusiasts throughout the area.

Folks will remember Don Tittle as the attorney who took McLennan County Sheriff Parnell McNamara to the wood shed in the early days of his administration under the same civil rights authority afforded by the Title of the same U.S. Code, a law that hit the books during Reconstruction times to guarantee certain parties politically disenfranchised their basic human rights as guaranteed by the Constitution.

McNamara had dismissed some deputies as at-will employees and reduced the responsibilities and pay of others because they helped his rival in the primary race of 2012 put up signs and electioneered against his candidacy.

None of those causes are really and truly illlegal, nor is there legal culpability on the part of any man who erects signs, distributes literature, freely speaks his mind or of his political preferences – though it may be – ah – inexpedient and not at all prudent to talk about his religion in public, and never in a Texas beer joint.

At will employment means that with each re-election of a public official, his employees either write a letter of resignation, which is filed away undated, or it is understood that if the office holder has nothing for them, he is perfectly within his rights to relieve them of all their responsibilities to his office.

Friend McNamara misunderstood and the plaintiffs represented collected several million in damages, in some cases kept their jobs, and in others went on to bigger and better things.

Selah.

And so, as it were, Ledbetter, whose broken arm was in a cast as he watched the events of the “melee” at Twin Peaks unfold and watched in horror as his father’s life blood spilled onto the sidewalk through a quarter-inch bullet hole, has offered the defense through his attorneys, in association with Looney & Conrad of Hempstead, that he actually took no part in the ultra-violent fracas and took no part in anything resembling organized criminal activity, as charged in an identical instrument with those of 177 others arrested that day, their bail amount set at $1 million in order to “send a message.”

He merely avoided the same or similar fate as suffered by his father by obeying police instructions, gave a witness statement clad in zip ties after laying upon the floor of and impromptu prison fashioned from the Waco Convention Center, and the rest is history.

The Honorable 19th Criminal District Court Judge Ralph T. Strother gave him a trial date at one point, then withdrew the order without informing his counsel.

Why the delay?

The Criminal District Attorney Abel Reyna insisted through ex parte communication with the Court that he be given more time to gather and disseminate exculpatory information to the defendants, a delay that has now extended past the two year deadline for filing a civil rights action in federal court.

The Sixth Amendment to the U.S. Constitution guarantees, among other things, a speedy trial. 

The Texas Court of Criminal Appeals affirmed an appeal of the Waco 10th District Court of Appeals ordering a speedy trial date. Ledbetter’s attorney, Paul Looney, ventured the opinion that “having viewed no inculpatory evidence, we don’t really care about exculpatory evidence.”

That is one of the main points of the civil rights suits filed by Twin Peaks defendants in the U.S. District Court at Austin.

There is no real evidence to support the allegation, that the defendants did, indeed, engage in organized criminal activity.

It is simply and totally legal for a man and his family to attend a political meeting in order to get information about what is happening at the Legislature’s latest session. It is illegal for a man to jerk out his six shooter in a beer joint and get ignert with the trigger.

But, then, you see, Ledbetter is not so charged, and what’s more, the charge would be either murder, capital murder, aggravated assault, mayhem, disorderly conduct, negligent homicide, or all the other stuff these hooligans and philistines think it’s so cute to persuade defendants to accept as a charge in a so-called plea bargain. Such a deal. It’s not what really happened, and it never really happened, anyway, because the person accepting the “bargain” simply didn’t do it.

In some cases, no one did it because it never really happened. Don’t dare laugh. There’s a law against that, too, at least while court is in session.

And that is why what is written is so all-fired important in this world.

Period.

Paragraph.

Many more constitutional arguments accompany Cody Ledbetter’s protest of the violation of his civil rights by the FBI, the Texas Department of Public Safety, The Waco Chief of Police, the arresting officers, and they make interesting reading in the lawsuits filed, all of which center on the same arguments since they complain of the same abuses of the civil rights guaranteed by the Constitution and its Bill of Rights.

Lake Murders: Answer due in suit seeking wrongful death determination

I want you to understand I speak the truth when I say I didn’t kill your kids, anyone. Honestly, I have not killed anyone. I wish you could get the rage from your hearts and you could see the truth and get rid of the hatred.” –  David Wayne Spence’s last words before his execution

Austin – David Wayne Spence died in the execution chamber protesting his innocence in April, 1997 for the July 1982 murder of three teens at Lake Waco. New evidence may give him a chance to speak from the grave.

A first-ever test of new law allowing further appeal of the conviction and death sentence is pending in an Austin Civil District Court alleging the wrongful death of he and his two-co-defendants, Anthony and Gilbert Melendez, both of whom died behind bars after pleading guilty in return for life sentences prosecutors allegedly promised would last no more than 10 years.

The McLennan County Criminal District Attorney’s office is due to answer the lawsuit within days since its filing on April 19. If not, the judge will be obliged to enter a default judgment for the plaintiffs.

The Petition for Declaratory Judgment and Request for Disclosure stems from the Legislature’s 2013 amendment to the Code of Criminal Procedure and a change by the Court of Criminal Appeals to an appellate procedural rule governing applications for writs of habeas corpus.

The two are designed to allow post conviction relief for persons convicted before new methods of determining scientific evidence had been discovered. According to two lawyers who deal with these matters for the Tarrant County DA’s office, the changes came during what is known as “the year of the writ apocalypse” – 2013.

Among the chief allegations of complaint of the suit are that “…The State of Texas, by and through its employees, agents, and representatives withheld evidence, destroyed evidence, coerced untruthful confessions, utilized junk science, bribed witnesses, fraudulently concealed the foregoing and knowingly convicted not one, but four individuals (Tony Melendez, Gilbert Melendez, David Spence, and Muneer Deeb)…”

Chief allegations regard new blood spatter evidence, discrepancies and outright impossibilities as to time line and logistic allegations in the prosecution’s case, and the existence of as many as five separate and conflicting confessions taken from a defendant who entered a guilty plea in return for a promise of a diminished life sentence for the capital crime and an early parole date within 10 years. The evidence of that allegation was captured on tape by a concealed recorder in the conference room of the DA’s office.

To prove those and other allegations, the litigants acting on behalf of the estates of the deceased convicts must obtain from the Court, 345th District Judge Jan Soifer, an order that will allow:

“Determination that Plaintiffs were actually innocent;

“Declaration that Plaintiffs are eligible for statutory compensation for his wrongful imprisonment;

“Declaration that Plaintiffs are eligible for Writ of Habeas Corpus relief;

“Compensation for wrongful imprisonment;

“An award of reasonable and necessary attorney’s fees and costs; and

“For such other and further relief, general or special, in law or in equity, to which he may prove himself to be justly entitled.”

A big part of the controversy is related to the Michael Morton law, which allows the prosecution of legal professionals who have withheld exculpatory evidence of those convicted in error. Judge Ken Anderson of Williamson County lost his license to practice law and received a prison sentence for not disclosing evidence he knew of at the time of his prosecution of Morton. That evidence led to the exoneration of Michael Morton for the murder of his wife.

The Dallas law firm of Jay English, representing Jason Spence, David Wayne Spence’s son, filed the suit seeking relief for the estates of the alleged Lake Waco murderers.

Reading its 38 pages is a minor education on the back room maneuvers by former District Attorney Vic Feazell and his staff which led to the execution of David Wayne Spence, the guilty pleas from his two co-defendants, the Melendez brothers, and the eventual acquittal of Mohammed Muneer Deeb following his successful pro se appeal of the death sentence for which he served 10 years on death row awaiting execution.

All of them are long since deceased.

 

Shots Ring Out – Police fire at unrelated suspect at Twin Peaks happening

Waco – Police gunfire marred the peace and dignity of bikers observing the second anniversary of the blood bath at Twin Peaks Restaurant at the McLennan County Courthouse.

Activist and investigative social media journalist Paula Carroll Swann said the entire biker community is particular that people understand “We (motorcycle enthusiasts) had nothing to do with it.”

In the minutes prior to a scheduled rally on the north steps of the building, Sheriff’s Office SWAT Officers emerged from the annex building that houses the corrections department and pursued a black man who was said to have a knife. He came from an area to the west of the Courthouse office building at the corner of Columbus Ave. and Fifth St.

Small arms fire broke out.

We didn’t see the knife,” she said, as her companions echoed her skepticism. “We didn’t see any blood. We don’t understand why the cops had to go and shoot at that man that way.”

According to Matthew Barnes, a Second Amendment rights activist, motorcycle enthusiast and jury nullification proponent, the snipers had arrived earlier in unmarked vehicles, entered the building through the sallyport in the alley between the courthouse and the old jail building with their rifle cases and equipment, and took up positions in the second floor room overlooking the lawn and the courthouse steps, behind industrial windows propped open.

There were four of them. Two spotters and two shooters.”

Thus, their field of fire was flanking the spectators and speakers at the sparsely attended memorial service.

Sons of Liberty Riders Motorcycle Club President and Legislative Strike Force operative Mel Moss said, “They flooded the street from all directions when the deputy began to chase the man with the knife. They came from buildings all down through there.”

Clearly, the police set-up resembled the L-shaped ambush established on the day of May 17, 2015 when the so-called “melee” that left 9 dead, 20 wounded and 177 persons jailed for weeks broke out.

Why did they find it necessary to train their rifles on us?” asked a man dressed in motorcycle garb, who declined to give his name. His sentiment was heartily seconded by dozens of persons standing near the courthouse steps, all of whom insisted they could see past the glare of the windows to perceive the shooters inside the building wielding AR-15-style assault rifles.

Security Chief L. McGee declined comment on how the shooter teams are employed. “I don’t know. They have nothing to do with my operation. I have my guys I’m in command of outside here on the grounds, and that’s it.”

Experienced operators said they identified the officers as Sheriff’s Office members and that they carried standard tactical shotguns in their pursuit of the suspect. “I’m pretty sure they shot the rubber projecticles,” said one man, who requested anonymity.

Confederation of Clubs activist Sandra Lynch said her attorneys have freed her to talk about certain aspects of the case for which she was arrested along with her husband Mike and other members of Los Pirados Motorcycle Club.

I reserved the patio,” she says in a sardonic tone of voice. “That’s all I did.” The task was performed as a function of the Confederation of Clubs, for an update meeting on activity during the legislative session of the time on May 17, 2015. Those arrested spent 12 hours in zip tie handcuffs, during which time they could not get a drink of water or visit the toilet without help.

One man said, “They put a hamburger in my lap, and me sitting there with my hands cuffed behind my back.” Most folks arrested spent a minimum of three weeks in jail, many lost jobs, and most lost their motorcycles in cases of foreclosure or civil forfeiture. The bond strictures under which they were released called for their complete silence about the case, and they have only recently been released from those controls.

In a Facebook post, she stated earlier today, “We know what happened.”

“We didn’t even see an argument,” said Ms. Lynch. Others in her party agreed. “We mainly saw people hassling in line to get a beer,” she added.

Asked if she were at liberty to say what happened, what would she say, Ms. Lynch answered, without hesitation, “We were set up.It wouldn’t have worked without the Cossacks. They (police, DPS) were after the Bandidos, but they wouldn’t have been able to do it without the Cossacks,” a motorcycle club.

Most mentioned the name of Owen “Big O” Reed, a Cossacks member they believe operated as an agent provocateur for police and “motorcycle gang experts.”

Writing about the shooting incident at the memorial service, John Bostick of Two Million Bikers to D.C. gave this account:

“…As the bikers slowly filtered in, prior to the start of the event there were shots fired by law enforcement. The officers engaged at a jogging pace foot pursuit after what appeared to be a mentally challenged young black man. The pursuit started in the parking lot of the department of motor vehicles that was barricaded off for the bikers parking. The mentally challenged man was followed closely by officers with guns pulled out onto 5th st from Columbus street beside the motor vehicles building. As he entered 5th street he turned and headed North. Immediately, six men in military tactical clothing with M-16s appeared from the west side of 5th street at Columbus, and four shots rang out. It didn’t appear that the suspect was struck by the gunfire and a sheriff’s officer approached the suspect and slammed him to the ground. The six military clad gunmen disappeared as quickly as they had appeared.

“What is the mindset of Waco law enforcement to have full military tactical men in hiding observing a peaceful demonstration through scopes on high-powered weapons?”

The inspection, the investigation and the emperor’s new clothes

WHO BENEFITS WHEN THE EMPEROR IS NAKED IN HIS NEW SUIT?

Fire Marshal Kevin Vranich in conversation with the deposed lead arson investigator Kevin Fisk held forth about a proposed restructuring of the Waco Fire Department’s inspection and investigations staff – only days after ordering Fisk to partake in no official duties…

Waco – It’s an old story. The city dads in Six Shooter Junction just don’t like having to conduct business with the help under the rules and regulations of civil service commissions, the courts, or union contracts.

It’s just not done that way, and at times it puts the people served by the municipal corporation that is Waco, Texas into some funny positions.

The ultimate question is, who benefits? Few are brave enough to speculate on that answer to the unasked question, the 400-pound gorilla crouched in the corner of the room who never quite finds a way to stop beating on his chest.

Ce’st la guerre. As the old time blues man recorded for posterity in his sentiments to Ida Mae, “If you cry the penny, you die by the dime.”

In a candid audio file surreptitiously recorded by former Arson Investigator Kevin Fisk on April 1, 2015, Waco’s Fire Marshal said that in a time of increased blazes of questionable origin, he would like to bring the city’s fire inspection services up to Insurance Service Organization (ISO) standards by staffing his operation with civilian inspectors not under the rules of the civil service commission.

The resulting conversation is very interesting for folks who write hefty checks on a quarterly basis to household, manufacture, warehouse, distribute goods or perform services as a matter of course and the law.

Asked who would benefit from such an arrangement, Fisk, who lost his career after 15 years on the job when former Fire Chief John Johnston and Vranich recommended a leave of absence while experts examined his mental fitness to continue in his duties, declined to comment.

As a matter of record, no expert opinion regarding Fisk’s supposed inability to perform his professional function due to his mental state was forthcoming, and he was reinstated to his position with the stricture that he could still perform no investigative duties.

It is his allegation that he was told that if did not resign, he would be terminated and thereby lose all his retirement benefits accumulated during 15 years of service to the City of Waco.

Welcome to the NFL.

So mote it be.

 

 

Burglary charge ends guns and roses affair

Sherre Johnston (r) chiliing on an excursion to the Cayman Islands

Bosqueville – According to a public document that officials of the McLennan County Sheriff’s Office refused to release to RadioLegendary, a prominent boutique owner had been given a criminal trespassing warning months ago, a document warning her to stay away from Sheriff Parnell McNamara’s home place.

His brother Mike McNamara is buried there and Mrs. Sherre Johnston had visited his grave a number of times, causing complaints by his widow and family. In an exclusive interview at the time, she said she was upset because McNamara was a close friend.

“Why shouldn’t I be allowed to visit the grave of a close friend?” she asked.

She found him suffering a fatal heart attack in the parking lot of an area restaurant, she said, and called an ambulance. “I was just driving by.”

On Sunday, May 5, she reportedly returned to the home place of the McNamara brothers’ father, U.S. Deputy Marshal in Charge of the Waco Division of the Western District of Texas, where the family has lived since antebellum days. While there, people observed her going into a shed on the property, according to reports of an affidavit of probable cause in support of a search warrant for her home that was witheld from RadioLegendary.

Once there, law men say they found an item they allege she took from the shed on the McNamara property and left in another location on the property. This led to charges of criminal trespassing and burglary of a building with intent to commit theft.

In recent years, she has experienced a number of encounters with the law, including multiple charges of DWI and a case of assault in a domestic dispute with her daughter’s boyfriend.

Mrs. Johnston is no stranger to legal controversy. For a number of years she served as an assistant in the law office of Vic Feazell, former District Attorney, and had a place on the slate of associates listed on the Private Investigator’s license of Truman Simons, a former Waco police detective and Captain of the McLennan County Sheriff’s Office who developed the cases used to convict David Wayne Spence and the brothers Gilbert and Tony Melendez in a brutal1982  triple slaying of three young persons who were residents of the Methodist Home at Waco.

Her husband, John Johnston, is an Assistant Chief of the Waco Fire Department who until only recently served as Chief of the department until he took a voluntary demotion in order to be protected by civil service regulations.

During his tenure, he recommended a psychiatric evaluation that the Civil Service Commission ordered for the department’s lead arrson investigator, Kevin Fisk. After Fisk established his mental fitness to continue his duties as an arson investigator, he returned to work, then resigned in order to retain what retirement benefits he had accumulated during 15 years of service at the Fire Department.

In this taped conversation with Fire Marshal Kevin Vranich, Fisk explains what he had learned about the dismissal of the assault case against Mrs. Johnston and the status her daughter’s legal situation.

One may read police records of the November, 2013 drama that occurred between Mrs. Johnston, her daughter, and her daughter’s  boyfriend that occurred at Waco and in Robinson by clicking on this sentence.