L’AFFAIRE INTERNAL

DARK ALLEGATION FLIES ON SOCIAL MEDIA

AN UPDATE ON THE STOCKYARDS ARRESTS

FORT WORTH – A complainant in an internal affairs probe of the cops accused a corrections officer of theft of money from his property by name and number.

A source close to an internal affairs investigation of the way gang task force officers handled the arrests of Missouri biker club members on a whirlwind visit to Cowtown during a monsoon delivered on promised further documentation of allegations leveled against police.

The wet weather dampened the riders’ experience on their way to the Metromess. They arrived soaked to the skin, so they hit Wilson’s Leathers, 2225 N. Main in the Ft. Worth Stockyards – first thing.

Charge information from the Criminal Magistrate’s Office is impossible to obtain following the video supplied by Jeff Wilson of what went on in his place of business during the Saturday, September 22, shopping spree as the one percenters sought rain gear and wound up busted for unlawfully carrying a weapon.

The chief allegation by the State’s complaint are that as members of a “outlaw criminal gang,” as the Penal Code words the violation of 46.02(2)(C) of the black statutes, they are not allowed to carry a firearm in this state, even though they are permitted in the Show Me State, and reciprocal agreements with the Lone Star would ordinarily dovetail.

Though the cops are playing it close to the vest with documentation of their side of the story, the allegations of their harsh treatment of the defendants are leaking out piecemeal.

Fort Worth Police are the sole source for court documents that would give the details of the charges. Those records are considered documents of the court, and are excepted from the Public Information Act, Section 552 of the Texas Government Code.

One of the men charged as a member of an outlaw criminal organization came forward in anonymity to say in a social media blast:

I left something out of all my statements figured you’d get a kick out of it. When I transferred from city jail to county jail they were adding all my money into the kiosk system and they tried to say because of the amount I had that I was a drug dealer. I laughed because the amount I did have wasn’t even 10% of what I usually carry on me. Then because the machine wouldn’t accept some of my money because it was wet from our wild ride to Texas, they told me my money was counterfeit and I never did get that money back. The property records indicate that it was Officer C. Hawkins #74922 who did the processing of property but he handed off “counterfeit” money off to another officer never to be seen again.

Interesting. Did you turn it in?

No. I just now got to getting my money off the debit card they released me with and it popped in my head.

Can we talk?

No reply.

It is in this bluff regard that the conversation is in hiatus at this time.

Legal talent advising biker activists who helped initiate the internal affairs probe have insisted their clients keep quiet as the investigation proceeds.

The true significance of the dust-up is simple enough. The entire United States, from Washingto to the state houses and every cop shop in every town, is in turmoil between the radical left and the conservative right over the possession and open carry of firearms.

Naturally, the seizure and search of persons carrying firearms for their personal protection is a sensitive issue, no matter one’s political posture.

To further complicate matters, demographers predict that by the year 2050, the population of the State of Texas will be 75 percent Hispanic. The two biker clubs harassed by Ft. Worth police during the weekend of 22 September hail from mother clubs of Hispanic origins in Southern California.

Jeff Wilson, whose grand daughter screamed in terror, “Don’t shoot my Paw Paw” when the cop in charge, referred to in the biker press as “Sgt. Steroids,” drew his weapon to cover the dudes he put up against the wall following a political tirade about coming to Cowtown to “flex,” voiced threats to put folks in jail over minor traffic violations, said the cops are taking the complaints seriously.

Those boys no sooner got back home when Internal Affairs called them back and said to get back down here…They said this case is going nowhere.”

The complainants have documented “extensive damage” to one bike the cops turned over on its precarious kickstand perch at the side of the road. In another case, they complained of a hole broken in a saddlebag to obtain a firearm locked inside because of a balky, stripped lock.

The complainants in the internal affairs probe further allege they were not advised of their Miranda rights to remain silent, that anything they say will be used against them in court.

So mote it be.

– Legendre

Internal Affairs Probes Wilson’s Leathers Arrests

COP WHO PULLED GUN IS BELIEVED TO BE NAMED COLLINS

Fort Worth – Sons of Liberty Riders President Butch (Popeye) Moss is not the only complainant in multiple internal affairs complaints over the arrest of three bikers in a Stockyards biker gear and apparel store.

A source close to the investigation of a Ft. Worth Police internal affairs probe of the Saturday, September 22, arrest of three members of a motorcycle club for unlawful carry of a weapon confirmed earlier reports that:

  • One motorcycle was extensively damaged when a police officer shoved it from its precarious position on the kickstand during a roadside investigation;
  • Another was damaged when an officer broke a hole in the saddlebag to obtain a weapon the rider had locked inside for safekeeping;
  • The three club members arrested reportedly were denied articles of their clothing when released on $600 appearance bond for the charge, a violation of Texas Penal Code Section 46.02. The arresting authorities consider their bandanas and the patches on their waistcoats – known as cuts in the world of motorcycle enthusiasts who belong to clubs – as evidence of their membersip in “a criminal street gang, as defined by Section 71.01,” under the provisions of Section 46.02 (2)(C).

ONE MAY READ THAT LAW BY CLICKING HERE

Police apprehended the trio at Wilson’s Leathers, 4225 N. Main, Ft. Worth Stockyards, as they shopped for rain gear during a wet spell of Texas autumn weather.

The officer in charge of the Special Response Team (SRT) is believed to be named Collins.

He is depicted on video made at the time of the arrests with his sidearm withdrawn from the holster and pointed at the backs of the men so detained while they searched their persons.

Said the source, who requested anonymity because he is in fear for his safety and because his organization does not authorize that he speak publicly for attribution about this affair, “While we were being detained and harassed by SRT, I glanced at Sgt. Steroids’s name plate and I believe it said Collins. Collins is also the name they gave me at the property room when we went to retrieve our property, but they would not release it, stating our clothing was evidence.”

The individual added that the name of the officer heading up the investigation is unknown, and that “1-817-392-3676 is the phone number we were given for the lead officer on the case.”

The source said he “told Internal Affiars I wasn’t 100 percent sure of his (the) identity (if the Sergeant who pulled the firearm and pointed at their backs) but in a line up I could pick him out of a crowd.”

None of the three men arrested were advised of their Miranda rights prior to their arrest and the magistration of their charges, our source said. According to reports, the men were questioned “for at least two hours” by seven separate officers seeking information about their club affiliation and their reason for being in Ft. Worth and at Wilson’s Leathers at the time of their arrest.

The name of the Ft. Worth Police Case is 18-85511. Court papers relative to the charges as stated by the Judge who set their bond are being sought during the weekend.

According to our source, he and his companions consider their arrests a violation of their First Amendment right under the U.S. Constitution to freedom of association with those they choose; he also complained that his right to keep and bear arms under the Second Amendment is paramount to the consideration that he was illegally carrying a firearm because he was directly en route to a motor vehicle at the time of his arrest.

Finally, he and his companions do not understand why their clothing has been seized as evidence, or why their firearms were confiscated while the case is pending. None of what they are doing, in their opinion, is prohibited by law. He considers those facts of the case a violation of his Fourth Amendment guarantee of freedom from unreasonable search and seizure.

More details will be published herein as they become available.

ONE MAY READ A LEGAL MEMO REGARDING UNLAWFUL CARRY BY CLICKING HERE 

So mote it be.

* Legendary

Green Bandana Trumps Biker Rights In Cowtown

BIKERS’ PATCHES LED TO MULTIPLE GUN ARRESTS IN FT. WORTH

FORT WORTH – The Facebook post has come and gone since Monday afternoon, when it first appeared.

One of the cops working the Special Response Team for Ft. Worth Police who swooped on Wilson’s Leathers in the 2200 block of N. Main in the historic Stockyards District because members of Vagos Motorcycle Club were there shopping for rain gear had posted it, police officials ordered it be taken down, and various other Facebook patrons have re-posted it in the 24 hours since then.

The story is very straightforward. When the Vagos who got rousted walked into a downtown restaurant for breakfast on Sunday, they confronted a table full of relatives of the police woman who had participated in the bust as they dined over a leisurely brunch.

She was nervous, and kids in the dining party were scared by the reactions of the adults.

So the Vagos did what they could. They paid a $103 bill for the lady – and left – pronto.

“We even wrote ‘Thank you for your service’ on the receipt,” said an anonymous source.

It’s all part of a war of nerves playing out in the Stockyards, where police neighborhood resource officers phoned business owners on Friday, warning them of a biker rally of Mongols MC members taking place in Ft. Worth over the weekend.

Mongols are a Southern California club founded by Hispanic motorcycle enthusiasts that has spread to the Texas area.

They were rousted in an area bar and lounge earlier, but the main fireworks took place during the Saturday rush as bikers crowded into Wilson’s Leathers to have patches sewed on their cuts.

According to owner Jeff Wilson, a Sergeant who did not identify himself strutted up and down the floor, berating the Vagos, saying things like “If you guys think you are going to come out here and flex, and we won’t flex back, you’re wrong.”

The bikers promptly dubbed him Officer Steroids.

Said Wilson, “They were holding the doors closed and wouldn’t let people in or out…When I went outside to see what it was all about, I wasinstructed to get back inside.

What was happening outside was simple enough.

Two prospects, members who have not been fully initiated into the Motorcycle Club and are “prospecting” to be full patch holders, were watching the bikes parked at the curb.

When one got ready to go inside and try on rain gear he intended to buy and use to provide protection against the damp weather, he took his pistol out of the holster and handed it to another Vago to hold while he went inside the Wilson family’s place of business.

Somebody called them (cops) and told them there was a Vago waving a gun around,” said a source close to the investigation.

That’s when the team invaded the leather shop without an arrest or search warrant and took over the retail store.

Said Gladys Wilson, Jeff Wilson’s mother, “That put a complete stop to any business we were doing.”

The Vagos, which is also a Southern California club with expansion chapters in Texas, were placed in the front leaning rest position against the wall, told to put their hands high and spread their legs while frisked.

One member was unable to reach high enough to satisfy Sgt. Steroids, and the officer promptly drew his weapon and covered him. The man explains in a video made of the incident as it occurred that he has a torn rotator cuff and finds it hard to hold his hands high while leaning forward against a wall.

Two of the Vagos were arrested for carrying a firearm, even though they had their valid license-to-carry documents to show.

As it turns out, the Special Response Team and elements of the Gang Task Force have made a ruling that if one displays the patch or colors of an “organized street gang,” they have not the right to carry a firearm, no matter what kind of documentation they may have.

According to the definition of such an outlawed organization in the Texas Penal Code, an outlaw street gang displays distinctive badges or colors, reports to a central authority, and engages in criminal activity.

Other examples of criminal activity, include the arrests of more of the bikers, including two from Wino’s Crew, because they failed to use their turn signals.

A source close to the investigation said that the Wino’s Crew members were placed in cuffs in a patrol car, then released as they others were transported for booking.

In those cases, the display of a green bandana prompted the streetside questioning and arrests, according to a source close to the investigation who could not speak on the record because he is not authorized to talk about the matter.

In another case, the police were frustrated in their search of a motorcycle with locked saddle bags, and they elected to break a hole in the bag in order to retrieve a firearm they had been informed was inside.

The lock was stripped from previous attempts to get at the gun, according to the source.

The source also alleged that two members of Kinfolk MC were cuffed and placed in patrol cars, then released before cavalcade proceeded to the windowless rooms in the casa de calaboose downtown.

Said on member of Vagos Motorcycle Club, “I have no criminal record and have never had one.”

In another incident alleged by the anonymous source, a motorcycle parked on shaky ground with its kickstand in an unsteady position tumbled to the shoulder of the road when a cop disregarded a request to be gentle.

That’s not my problem,” he reportedly said as the machine crashed on the berm.

All because we had a green bandana,” a biker said.

Mrs. Gladys Wilson said, “We’ve been here in business now for 38 years, and we have always backed the blue. Some of our closest friends work for the police department, but we didn’t recognize any of the men on this crew. We’re going to continue to back the blue,” she said as her son Jeff, her daughter and her husband all nodded their heads, “Yes.”

During a video interview of the family, Jeff Wilson recalled with tears glistening in his eyes, how his grand daughter, terrified of the pistol brandished by Sgt. Steroid, pleaded, “Please don’t shoot my Paw Paw or my Grandma! Please, don’t.”

As the shop opened for business on Tuesday morning, a Hells Angel from out of state messaged Wilson, saying, “It doesn’t matter what patch they’re wearing. It’s because we are members of clubs. We have to stand together for our rights.”

SGT. STEROIDS COVERS VAGO WEARING A GREEN BANDANA DURING AN IMPROMPTU SHAKEDOWN AT WILSON’S LEATHERS

THE HANGED MAN – TALKING BACK TO THE NIGHT – THE KNIGHT IS LISTENING, AT-ONE

‘I’D SOON BE HANGED BY MY FRIENDS AS BY A BUNCH OF STRANGERS’ – JAKE SPOON, TEXAS RANGER

Cowtown – An ordinary story about the way things go.

Thou sayest…

Aye, my man. That I do.

T’is an ordinary story about the way things go.

Once upon a time, a soldier sojourned in an evil land filled with hate. He was inoculated with many potions to guarantee his health – by Greeks traveling with the legions.

When he came home, he wife soon gave birth to a gentle giant, a boy some of the children subjected to ridicule – for some cruel reasons of their own.

When the boy reacted, he grabbed his interlocutor up and flung him across the room – to make him leave off his words and leave him alone.

And the soldier, he was summoned there to answer for his son, who could not legally speak for himself.

There, he encountered a juvenile detective, once designated a gang task force officer, and they clashed – once again.

At length, the detective admitted he wanted to take his leave of all this and be troubled by it no further, and he then relented.

The soldier, who really was a mounted cavalryman armed with helmet, forces of fire and explosion – A MAN AT ARMS – he too took a knee and spoke with his Maker.

He was shown to a high place where he could at length see the width and breadth of things as they are, and he realized he was hung in a dilemma of his own making.

This would require great reflection and thought, for he was a father of a family, and his obligations ran deep, and into eternity.

We leave him, now, praying only that he be given the wisdom to know that which he must know eventually, but sooner – maybe today.

It is our humble prayer.

So mote it be.

  • Legendary

A PAGE FROM AN ANCIENT BOOK

Appeal: Judge Is Picking Law That Is ‘Convenient’

 

A Waco Police Officer holds his rifle on a man ballistics tests proved he shot as he bleeds out at Twin Peaks Restaurant on May 17, 2015. 

Waco – A criminal district court judge is accused of picking and choosing what part of the law is convenient over that which is not in a murder case stemming from a biker shootout that occurred in this city more than three years ago.

Lawyers for a Twin Peaks defendant alleged in court papers that 54thCriminal District Judge Matt Johnson failed to perform his ministerial duty to ensure due process when he refused to quash a superseding indictment for rioting returned by a Grand Jury under the same cause number as the original charge of engaging in organized criminal activity.

They are seeking an order for Johnson to quash the new charge in a writ of mandamus.

Judge Johnson denied Marcus Pilkington, who allegedly struck a biker from a rival motorcycle club with a cudgel before another defendant allegedly shot him on May 17, 2015, the right to object to the form or substance of the amended charge.

That right is guaranteed by the Texas Code of Criminal Procedure, according to the appeal.

Houston attorney Clay Conrad argued it’s not up to the judge to choose what part of the law is convenient and “ignore the part that is inconvenient.”

Pilkington cannot “know whether he is facing two indictments or one,” as a result of Johnson’s denial of a previous motion argued by Conrad’s partner, criminal trial lawyer Paul Looney.

To further complicate matters, the victim Richard Kirschner died as a result of a gunshot wound to one of his buttocks from an assault rifle bullet fired by Waco Police Officer Michael Bucher, a death ruled a homicide by a medical examiner, for which as a police officer he was granted immunity in a previous session of the Grand Jury.

Pilkington’s lawyers have promised to appeal a negative ruling by the intermediate 10th District Court of Appeals at Waco to the state’s highest criminal appeals court, the Texas Court of Criminal Appeals, which sits at Austin.

Rioting is defined by Texas law as violence perpetrated by seven or more persons that is likely to cause damage to property or injury to persons.

In the shootout that took place between motorcyclists just previous to a meeting of the Confederation of Clubs at Twin Peaks Restaurant, 9 died, 20 suffered wounds, and 177 persons were initially arrested and charged. Some 155 later faced indicment for engaging in organized criminal activity.

Most of those charges were dismissed by the Courts with the proviso that greater probable cause existed to prove other alleged offenses. The Grand Jury returned indictments for rioting against 35 of the original defendants.

To read this legal instrument and the exhibits attached, click here:

https://www.dropbox.com/s/556angstuzbkh6r/PILKINGTON.pdf?dl=0

To read the report of the autopsy surgeon who determined Richard Kirschner died due to homicide caused by a gunshot wound, one need only click here:

https://www.wacotrib.com/richard-vincent-kirschner-jr-autopsy-report/pdf_c9b521f4-424b-11e5-add9-e75e4280d24b.html

To watch the video  from Officer Bucher’s dashcam, click here:

This is a video of the ambush and shoot-out depicted by a pole camera installed by the DPS at about 7 a.m. the morning of May 17, 2015:

Medical Examiner reads Bikers’ autopsies:

 

 

 

‘She’s Going To Win Because…’ – Carter

Lauren Daugherty opposes Pete Peterson for Justice of the Peace, Pct. 1, Place 2 in his first-ever contested election

WACO – Ask the Libertarian candidate’s campaign manager, Stephen Carter. He’s going to say:

“He’s not raising any money; he’s not campaigning; Twin Peaks is not popular, he isn’t, either…They got rid of the DA and they want to get rid of him.”

Who he?

Judge Pete “Smiley” Peterson, the guy who set bond on 177 politically active bikers at $1 million each on a cookie cutter affidavit signed by Manuel Chavez, a Waco Police detective who wasn’t there on May 17, 2015, until every other cop on the scene refused to sign the complaint drafted by DA Abel Reyna and his staff.

“This morning, coming up the stairs, I met a man who wasn’t there; He wasn’t there, again, today. I wish, I wish, he’d go away…” He did, remember? When it was his turn to testify in the Jake Carrizal trial, he was in French Tahiti, on vagabondation, etc.

We caught up with Lauren and her entourage at Papa Rollo’s in Hewitt, just in time for “The Three Stooges.”

When we quizzed Lauren about busting up the good ol’ boy lineup at the courthouse door, she said, “That’s the goal…We should be prosecuting crimes!”

Would she have signed the vague, fill-in-the-blanks “complaint” Peterson signed?

Stephen Carter, Lauren’s campaign manager

Deadpan: “I’m able to say no in tough situations!” Think she was kidding, but, yes, it’s true, it’s all true. This lady understands the requirements of a probable cause affidavit.

“Each defendant’s crimes should be specified in particular, individually.”

Rollo’s is a Democratic stronghold. Mary Duty, Papa’s wife, is McLennan County Democratic Chair. What about it?

“The Demos want to see the Republicans brought down a peg. Besides, it’s just what they were looking for.”

Actions speak louder than words…

Goal one: Block walking is the key to building personal relations with voters. “Besides, the weather will be getting cooler soon.”

The candidate became more specific in this sound byte.

 

War On Drugs? War Of Drugs, By Drugs, In Drugs

A CHEMICAL BAPTISM LEADS TO AMPUTATION OF A LIMB BY LEAD

Old cattle town on the rocky ford, somewhere up a crazy river…

Iredell, Tx – “There is a solid rock bottom there, water comes up to about the bottom of your doors; people used to pull their cars out there and wash them. People did.”

He looked thoughtful, speaking in rueful tones.

“I was down in the river bottom. Had my gun with me. I didn’t care to live any more. Just didn’t care. She knew it, too. Woman about 40, good looking, just hot as could be.

“She knew it, too. Knew what was going on, little town like that. People talk. People do.”

Her dress: “Had on short shorts, barefoot. We were standing out in the water, talking. Water come up to about here.”

Her demeanor: “She told me, said, ‘You bout to shoot yourself, aren’t you?’

“I didn’t say anything. Couldn’t. She was right. Said, ‘How do you know you will kill yourself? How you know you won’t just cripple yourself, set up there, and crippled ’til you die?’ She was right. I didn’t. Didn’t know.”

He said she was right. “People talk, little town like that. They know. They know all about it.”

That’s when the woman got out her drugs and showed him. “Mashed the top of a soda water can down flat and put the drugs in there, crushed them down to a fine powder. Then she set it on a rock and pulled her shorts down, and I mean didn’t have nothin’ on. Bent over – you could see everything. Then she taken the drugs and added water, drawed it up in a syringe.

“Hunted around and found this biggest vein, here,” he pointed out the femoral artery in the crotch. “Shot them drugs in there. Said, ‘I got enough of this stuff here to kill a horse.”

From that point on, every man in the room began to think of him as “Hoss.” He had tagged himself with a brand new road name.

“That’s when she drawed up another syringe full of drugs for me. Put it right there.” He pointed out the crook of his elbow. You could see scars, there. “I ain’t no good at it, like her. I mostly miss. Burns, too, It’ll eat right through your skin, it will. Sure will.”

This was before he lost his right leg. That hadn’t happened yet, the day of the drugs.

It was in a domestic dispute with his wife. “I’d been drinking whiskey all day long.”

She called the law. When they showed up, he walked out the door with a pistol in his hand and, “They shot my leg plumb to pieces. Shot it completely off my body.”

When the fifth and final round fired cut into his leg, “I felt my heel come up and kick me in the behind, and then I fell out and didn’t know nothing.”

He spent months in intensive care. Lives and moves around in a wheel chair. Went to drug rehab to kick his meth habit.

“It was because of the whiskey,” he recalls. “That’s what did it. I just didn’t want to live any more.”

So mote it be.

  • The Legendary

Solid rock, low bottom crossing, a natural ford on the Bosque River

SHE TOOK ME TO THE RIVER, WHERE SHE CAST HER SPELL, ETC.

 

Seeking Methodists’ Home

‘Wild, weird, wonderful Willie West on Double-you – AY – see – OH!’ (chorus harmonious) – ‘We ain’t comin’ out…’ – Channel 19, ca. 1993

BELLMEAD (Middle English for ‘good beer’) – Down by the fire station, cop shop, muni court – all them signs of progress, est. 1954, there’s a wee small place across the street, second balcony, etc.

There, they sing the old alma mater, talk about them old used -to -be’s.

Cotton season of 1982, Dog Daze of one-hundred in the shade, Mom and Sis, riding around in the family flivver, looking for the Methodist Home for slightly bad boys and girls where Mom is determined to drop Sis off, when they took a wrong turn and Sis spied a young woman with unusual posture and outlandish attire.

She turned out to be.

CUT TO: Ext. Day. Heat mirage rising from a weedy North Waco yard with junk cars, etc.

Christine Juhl, 16, nude, wearing only a dog collar by which she is tethered to a wiry tree with a log chain.

AND THEN –

She say: “I looked around the corner and out the back door comes a dude with a double-barrel shotgun!”

He is David Wayne Spence, executed for murder, many years later.

On this day in history, this bright young lady stepped up and said:

“Next thing I know, we’re in the Rainbow (a failing grocery across the street from the orphanage, with spin and win and everything) and the dude wearing the turban is making signs with his hands, waving at us, telling us to get out! GET OUT!”

They must have dropped in for directions from the friendly natives.

He is Mohammed Muneer Deeb. Convicted of murder conspiracy for insurance fraud by hearsay evidence offered by a jailhouse snitch testifying about what David Wayne Spence told him while locked up in Aggieland.

CUT TO: Int. Gloomy little store with computer consoles arrayed in a rank, local losers soaking up the A/C in the gloaming, eating high-carb, high sodium snacks provided by the management, washing the goop down with high-sugar drinks…

Grand Jury testimony given when Deeb got a new trial based on judicial error in admitting the hearsay testimony to the record which revealed that Christine – who was only sixteen – worked at the store for Deeb because her folks had “kicked her out” of the house. Deeb was acquitted in his new trial.

OUCH!

CUT TO: Ext. Day. Heat mirage rising over parking lot where a crowd of people on paper smoke as they await their “class” for offenses multiple, Cotton Season…mature Sis, texting:

“…his (Deeb’s) family is here and as of now I give no one permission to do anything too me or about me. Good luck with your attempts…”

HISTORY LESSON BY:

  • THE LEGENDARY

So mote it be.

 

 

 

Mendez panel ready to ‘speak truth’ on Sept. 10

Bandido Tom Modesto Mendez will face jury selection on Sept. 10

LAWYERS REVEAL PLANS TO APPEAL MOTION TO QUASH ‘SUPERSEDING’ INDICTMENTS IF IT IS DENIED IN HIGHEST COURT

Waco – Speaking in well-modulated tones, 19th Criminal District Judge Ralph T. Strother prepared a special panel of 600 veniremen to answer “voir dire” questioning in the 1st degree felony “riot” case against Twin Peaks defendant Tom Mendez.

Though court officials anticipated a motion for the judge’s recusal and cautioned media not to make any mention of their suppositions based on requests by defense counsel Jaime Pena for documentation of previous motions, the judge questioned nearly 100 who sought to prove their exemption in private, granting only a few the privilege to skip out on the case.

By day’s end, he was still on the bench. Filing a motion for recusal would have dictated a halt to the jury selection process, then and there.

He ordered the venire to report at 10 a.m. on Sept. 10 to be subjected to “probing, penetrating, personal questions” regarding their attitudes and beliefs about the law, the facts of the case they may already know, and their overall fitness to serve as jurors.

If convicted, Mendez will face not less than five years nor more than 99 behind penitentiary bars, or the possibility of a life sentence if jurors find the prosecution has proven beyond a reasonable doubt that each element of the indictment is true.

Judge Strother cautioned the veniremen that anything less than complete proof of all elements of the charge entitles a defendant to a not guilty verdict.

A provision of the section on disorderly conduct, “riot” is a Class B misdemeanor, unless prosecutors have stipulated their intention to prove that an actor failed to leave the assembly when riot conditions developed, and that the result of the conduct of seven or more persons resulted in the commission of first degree felony, or lesser degrees of offenses.

He further cautioned them that the burden of proof is on the state, that a defendant’s failure to testify is nothing to hold against him, and that there is no reason for the accused to seek to prove anything – anything at all. “No one is required to prove their innocence.”

He further stressed that nothing reported by media, mainstream corporate or social, is to be considered as evidence. Evidence must prove to the individual juror as a finder of fact that the charge is true “beyond a reasonable doubt,” and that there is no legal standard as to what constitutes a reasonable doubt.

“We leave that up to the individual,” Judge Strother said.

The judge predicted the trial will last for at least two weeks and that in the process of elimination of all but the remaining first 12 and two alternates, each side will have 10 peremptory strikes, and an unlimited number of challenges for cause.

He also stressed that “If you live in this community,” which is one of the qualifications for jury duty, “and you haven’t heard about Twin Peaks, you’ve been living in a cave.”

On May 17, 2015, it is alleged that about 300 persons who had gathered for a meeting of the Confederation of Clubs, a group of motorcycle enthusiasts, found themselves in riotous conditions, and that 22 of them are guilty of rioting. An additional three are accused of murder.

In the melee that occurred at the restaurant that day, 9 died by gunshot, 20 were wounded, and 177 were initially arrested and charged with engaging in organized criminal activity. Their bonds were initially set at $1 million.

MOTION TO QUASH SUPERSEDING INDICTMENTS PENDING

The 25 now facing trial are indicted in “superseding” charges.

According to attorneys for one defendant, Marcus Pilkington, that is an illegal procedure prohibited by the double jeopardy provision of the Fifth Amendment to the U.S. Constitution, the Texas Constitution, and the Texas Code of Criminal Procedure.

They have entered a motion to quash the indictment of Pilkington in 54th District Court, and if Judge Matt Johnson denies the motion, they have announced their intentions to appeal to the 10th District Court of Appeals, which sits in this city, for mandamus relief.

If the writ is denied in that court, they will take the appeal to the Texas Court of Criminal Appeals at Austin, the state’s highest venue for criminal appeals.

SO MOTE IT BE.

  • The Legendary

Preparation H(assle)

DISCOVERY UNDISCOVERED –

SIX SHOOTER JUNCTION – The state’s frantic desire to get it on with the Twin Peaks cases before elected DA Abel Reyna leave office on January 1 is leading to extreme complications.

It’s a tale of two lawyers tasked with the defense of a Twin Peaks defendant, a Bandido who arrived at a political meeting that turned out to be a twin ambush by both Cossacks and the law slowly unfolds in district court before an “unhappy” judge.

Prosecutors begin questioning a venire of prospective jurors today at 1 pm. to hear the case against San Antonio Bandidos President Tom Modesto Mendez, now facing a second, “superseding” indictment on the same cause number for felony rioting after the state decided not to go any further with its original case for engaging in organized criminal activity.

WELCOME TO SHAKY TOWN.

A motion to quash in another, similar case against biker Marcus Pilkington is pending in 54th Criminal District Court, based on the grounds that the constitutional guarantee against double jeopardy precludes any such scheme in indicting felonies under the Texas Code of Criminal Procedure. Judge Matt Johnson has received all legal briefs in the motion and is expected to rule at any hour.

But the case against Mendez is causing a certain – agita – in the digestive processes of Judge Ralph T. Strother, who finally granted a continuance by bumping another priority setting because the lawyers aren’t ready.

His original lawyer, Metzger, has begged the judge repeatedly to be let off the case, to no avail. He will be sitting second chair to Jaime Pena, who walked on at the eleventh hour, 39 months into a case in which the state has previously turned over two terrabytes – an estimated two million documents – on the original discovery motion.

Problem.

In late summer of 2017, Metzger gave all the discovery materials to Houston attorney Casie Gotro to prepare for the case against Dallas Bandidos President Jake Carrizal.

She is unavailable at this time to give back the materials, documents which in any case, the new first chair has never seen as he goes into voir dire examination of prospective jurors for a September 10 setting.

If that’s not complicated enough, consider the matter of the evidence the federal authorities witheld pending the racketeering case against former Bandidos U.S.A. President Jeff Pike and Vice President John Portillo.

Prosecutors are prepared to release that data dump by dribs and drabs, as done before in the Carrizal case, as they present their case.

In urinary shooting matches of this caliber, the conventional wisdom is to “aim high.”

But in this case, there is a complication.

NO HANDS!

So mote it be.

  • The Legendary