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Gunfight at the Twin Peaks [Staff Warning on page 47]

320,348 Views | 1928 Replies | Last: 2 yr ago by rather be fishing
Kenneth_2003
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There is a big difference in the role of the two. A cop is an enforcer of the law. Their duties, responsibilities, and power comes from the Legisltive Branch. A judge however is the arbitrator of the law; the interpreter of the law. It is the duty of the judge to see that inforcement is fair and proper. Both are a check on the other.
Ask yourself. Who do cops often dislike? They dislike lawyers. Lawyers play legal games and get their clients off. They get the judge (the courts) to let the guy the cop spent time arresting, filling out paperwork, testifying on his day off, and perhaps even spending time investigating and building a case against walk out of the courtroom a free person. Lawyers that are DA's that don't bring charges against the guy they're so sure broke the law. DA's that plead their guy down.

Does a cop that becomes a Judge get on the bench and throw away a career of being a cop, an enforcer of the law, to suddenly become a fervent advocate for justice and interpretation of the law and it's application?

Not saying that is going on here, but something to think about.
TexasAggie_02
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A Cossacks' story of the events is pretty interesting to read:

Nevermind, it was posted on the previous page.

It was, but not sure how much stock you should put it in. They had 6 members killed and already hated the Bandidos before that. The whole thing reads like a "We were just minding our own business when the big bad Bandidos tricked us into an ambush!" which is kind of what you would expect them to say considering the circumstances.
Actually, the Cossacks are universally known in the underground biking community for their fervent dedication and commitment to honesty above all other virtues. This has not always served to avert crisis though, as often times they can be TOO honest in volatile situations. I wouldn't be surprised if a Cossack simply bumped into a Bandido in the bathroom and when the rival member said something along the lines of "Hey man, do I look like a b*tch?!", the Cossack responded with "Well actually..." before fists and chains began flying.
so, Drax the Destroyer is their leader
itsyourboypookie
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Only one out of 170 has bonded out? Are there really that many people that can afford a 20k motorcycle and 40k truck but can't scratch together 100k in a time of serious dire need? I was hoping some of these guys would be out and talking by now.
It was mentioned ump-teen pages ago. If you pay a bail bondsman to get you out of the clink, he charges you a non-refundable 10% of your bail. It's one thing to pay $500 or $1000 go get out of when you can't scrape up 5-10 grand on your own. It's another thing to just throw 100 grand out the window.

Not to mention there probably aren't all that many bail bondsmen with millions in liquid cash just lying around. The one that was bailed out was fitted with an ankle monitor. I'm not surprised. Anyone that can afford to toss $100,000 out the window can probably afford to say "F - - - IT!" and skip town.


He had the million to let them collect interest on.
Ark03
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quote:

It really depends on the size of the county. In a metropolitan area most are going to be lawyers. In the small and rural counties most are not. Without any support at all I would guess a county like Waco is either split or all lawyers.

In a lot smaller counties if the jp is a lawyer it likely isn't a full time gig and the jp isn't barred from the private practice of law.

JP I know is in Dallas County... He was just a local business man who knows everyone and ran a decent campaign.
maverick2076
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This promises to get interesting.

https://www.facebook.com/events/834002903343841/
Guitarsoup
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This Guyis the attorney for at least two of the defendants.

http://www.wacotrib.com/news/courts_and_trials/biker-attorney-seeks-to-replace-judges-demands-immediate-release-of/article_25fcfaf1-0ad7-51fb-9993-1620f6630db6.html
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An attorney for two men arrested in the May 17 Twin Peaks shootout between rival bikers says his clients are being held illegally and is seeking to replace all McLennan County judges connected to the case.

Austin attorney Adam Reposa alleges in motions filed Tuesday that the charging documents filed against his clients, and the 168 others jailed in the chaotic melee, are legally insufficient. He also claims that the $1 million bonds are unreasonably oppressive and that the judge who set them and the judges who, so far, have not reduced them have shown bias and should be recused.

Besides the recusal motion, Reposa filed an application for writ of habeas corpus, alleging a client is being held illegally and without proper cause, and a motion for emergency release so Pond can go home and take care of his family.

State District Judges Matt Johnson and Ralph Strother have scheduled bond reduction hearings in about 10 cases for June 5 and June 12. Peterson has scheduled examining trials in two of the cases for Aug. 10.
maverick2076
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These ridiculous delays, slow rolling of hearings, and Waco and McClennan County's refusal to ask for or accept outside help are making them look worse and worse. The lawsuits stemming from this are going to bankrupt McClennan County.
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Guitarsoup
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These ridiculous delays, slow rolling of hearings, and Waco and McClennan County's refusal to ask for or accept outside help are making them look worse and worse. The lawsuits stemming from this are going to bankrupt McClennan County.
No joke. It is costing McClennan $300k/month to hold all the bikers in jail. It costs counties up to a million dollars to try a capital case and they are going to have to pay for a public defender for about half the cases. The budget of McClennan county is around 70mm/year.
Guitarsoup
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This lawyer is somewhat disturbing.
carpe vinum
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So many mixed emotions... I think you are right about this case against the majority being BS and Waco getting raked over the coals. Oddly, I really don't care if Waco gets hammered.
Then you have the 1%ers, I love that they are getting screwed and hope they are all prosecuted to the extent of the law.
Still think the LEOs should have just let them go at each other a little longer, more paperwork but more economical.
aggielostinETX
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
Guitarsoup
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quote:
I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
It's pretty common that shoddy police work gets actual criminals get out of jail free cards.
agsalaska
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quote:


This lawyer is somewhat disturbing.
That dude is freaking awesome.
Kenneth_2003
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.

It will. I bet every one of these folks will ultimately walk because the cops used a blanket affidavit to charge 170 people with getting murder rather than building cases against a select few. Even if the had to let everyone go and slowly build cases, get warrants, and later get arrests.

Unless there is tremendous unreleased video showing someone unmistakably shot first, they'll all walk. The vast majority will do so rightly. They will all then have civil cases against the county.

Unless there are compelling forensics, i bet everyone walks.
Player To Be Named Later
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quote:
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Unless there are compelling forensics, i bet everyone walks.


Bet you're wrong.
maverick2076
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I don't think everyone will walk, but most (rightly) will, and most of the rest will end up with significantly reduced charges. Probably some UCWs, some assaults, etc.
Scruffy
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I can't help but wonder if that lawyer reads texags.
His motion reads almost verbatim what lawyer 8t2 has posted on the politics board.
Chazz03
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He probably googled "motion for bikers in Waco" and it popped up.
TexasAggie_02
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how many of them end up calling this guy?

Snow Monkey Ambassador
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That JP will have some explaining to do. Surprised one JP would agree to sign off on 170 affidavits and assign the same bond to every person.

Certainly not behavior I'm used to from a judge.
It doesn't take much to be a Justice of the Peace. You don't have to be a lawyer or judge - you can just be elected with pretty much no other qualification.

Source: I know a JP in the DFW area who was just a local businessman - no legal training whatsoever.

And, because I haven't stayed in a Holiday Inn recently, here's a real source: http://www.sos.state.tx.us/elections/candidates/guide/qualifications.shtml

Edit to add: I think a new JP does have to take a 2-week long course after being elected. But again, that's a far cry from a legal degree.
According to the SBOT's website, he's not a member of the Bar.
Guitarsoup
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quote:
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That JP will have some explaining to do. Surprised one JP would agree to sign off on 170 affidavits and assign the same bond to every person.

Certainly not behavior I'm used to from a judge.
It doesn't take much to be a Justice of the Peace. You don't have to be a lawyer or judge - you can just be elected with pretty much no other qualification.

Source: I know a JP in the DFW area who was just a local businessman - no legal training whatsoever.

And, because I haven't stayed in a Holiday Inn recently, here's a real source: http://www.sos.state.tx.us/elections/candidates/guide/qualifications.shtml

Edit to add: I think a new JP does have to take a 2-week long course after being elected. But again, that's a far cry from a legal degree.
According to the SBOT's website, he's not a member of the Bar.
The JP that gave the $1MM bonds has an associates degree in Criminal Justice received before I was born. Definitely not a member of the Bar.
Snow Monkey Ambassador
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
It will. This is a classic case of shooting one's own dick off. Nothing going on here will pass muster, and there will be hell to pay for the PD and JP, at the very least.
Snow Monkey Ambassador
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quote:
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Unless there are compelling forensics, i bet everyone walks.


Bet you're wrong.
They may get a conviction on a LIO on one or two, but everyone else will walk, and the cops have no one to blame but themselves.
BoerneGator
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
It will. This is a classic case of shooting one's own dick off. Nothing going on here will pass muster, and there will be hell to pay for the PD and JP, at the very least.
I tend to agree with this assessment, and if true, how can this continue to continue? Is there no one in Waco capable of pointing out the obvious to the city/county fathers/mothers? The repercussions seem to be substantial and mounting.
Guitarsoup
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quote:
quote:
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
It will. This is a classic case of shooting one's own dick off. Nothing going on here will pass muster, and there will be hell to pay for the PD and JP, at the very least.
I tend to agree with this assessment, and if true, how can this continue to continue? Is there no one in Waco capable of pointing out the obvious to the city/county fathers/mothers? The repercussions seem to be substantial and mounting.
I think the ones that have asked for a public defender don't have one yet (there aren't enough public defenders in the county for the bikers.)

I don't think many of the bikers have attorneys yet.

There are bond reduction hearings for 10 bikers on June 5 and June 12.

There are examining trials for two bikers on August 10, which means they will have to sit their ass in jail for at least three months.

I think that higher courts are going to order McLennan County to pay a boatload of money for violating many biker's civil rights.
ellebee
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It makes me violent every time I see that billboard.
Snow Monkey Ambassador
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quote:
quote:
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I hope the cattle round up doesn't screw it up for the truly bad that deserve to rot.
It will. This is a classic case of shooting one's own dick off. Nothing going on here will pass muster, and there will be hell to pay for the PD and JP, at the very least.
I tend to agree with this assessment, and if true, how can this continue to continue? Is there no one in Waco capable of pointing out the obvious to the city/county fathers/mothers? The repercussions seem to be substantial and mounting.
Yeah, I don't really get it. It's pretty obvious that this did not go down the way it should have, and holding these people without any real PC is a sure-fire way to make it worse with every day that goes by. I understand that bond resets are scheduled, but it's sort of "rock and a hard place" at this point. If they lower the bond substantially after weeks of having it so high it's an admission (note: not used as a term of art) that the initial bond was too high and these folks have been wrongfully imprisoned. There will be hell to pay, but someone needs to be smart and get to the register before it keeps ringing up.
BoerneGator
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While we may shrug our shoulders and mumble "that's what they get for poor judgment", it sets a precedent that could be used against any of us, and that's not a good thing! No doubt there are some bad actors in the mix, but there's little doubt a lot of innocent people are being made to suffer for no good reason. And when the truth emerges, there will hell to pay I reckon, with even longer term repercussions!
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Guitarsoup
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quote:
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While we may shrug our shoulders and mumble "that's what they get for poor judgment", it sets a precedent that could be used against any of us, and that's not a good thing! No doubt there are some bad actors in the mix, but there's little doubt a lot of innocent people are being made to suffer for no good reason. And when the truth emerges, there will hell to pay I reckon, with even longer term repercussions!


This.

It is really scary that so many so called "conservatives" support this abuse by the government. fortunately I think the tide is turning on this particular abuse as more facts come out.
Elsewhere I have seen self-described libertarians be perfectly fine with the arrests and the bail. Blows my mind.
Snow Monkey Ambassador
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quote:
quote:
quote:
While we may shrug our shoulders and mumble "that's what they get for poor judgment", it sets a precedent that could be used against any of us, and that's not a good thing! No doubt there are some bad actors in the mix, but there's little doubt a lot of innocent people are being made to suffer for no good reason. And when the truth emerges, there will hell to pay I reckon, with even longer term repercussions!


This.

It is really scary that so many so called "conservatives" support this abuse by the government. fortunately I think the tide is turning on this particular abuse as more facts come out.
Elsewhere I have seen self-described libertarians be perfectly fine with the arrests and the bail. Blows my mind.
Most people doing this self-identifying don't really understand what they're identifying as. Completely absurd that a "conservative" in the true meaning of the word would condone these over-reaches. And I think I'd punch any "libertarian" condoning any of this square in the jaw if I heard it live.

"Law and order" is great, but it should apply to everyone, without passion or prejudice. That used to be an American value, then it became a "conservative" value, and now it seems that very few believe it. You'll hear folks remind us that the Second Amendment was put in place to prevent governmental oppression, then turn right around and say that cops killing unarmed civilians and JPs throwing up $1MM bail for, essentially, being in the wrong place at the wrong time are perfectly justified. Blows my ever-living mind.
Yuccadoo
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You folks better start postin up quicker....that quicker sticker thread is catching up!
agsalaska
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quote:
quote:
While we may shrug our shoulders and mumble "that's what they get for poor judgment", it sets a precedent that could be used against any of us, and that's not a good thing! No doubt there are some bad actors in the mix, but there's little doubt a lot of innocent people are being made to suffer for no good reason. And when the truth emerges, there will hell to pay I reckon, with even longer term repercussions!


This.

It is really scary that so many so called "conservatives" support this abuse by the government. fortunately I think the tide is turning on this particular abuse as more facts come out.


Agreed
dubi
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quote:
You folks better start postin up quicker....that quicker sticker thread is catching up!

Damn straight!
 
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