Sarcasm
Gunfight at the Twin Peaks [Staff Warning on page 47]
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Last: 2 yr ago by rather be fishing
Of course, by the time trial rolls around, there will be some bullsheet Texas Ranger that gets on the stand to testify that the Cossacks commit all manner of crime, and are a street gang, all of it in narrative form of testimony, none of it being actual incidents of which the witness has first hand knowledge. He will be able to do this because he will have been qualified as an "expert" on biker gangs, or street gangs. It is a license to pile rank hearsay on top of the defendant, without having to back it up.
Not that much wiggle room:
Sec. 71.01. DEFINITIONS. In this chapter,
(a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
(b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
(c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(d) "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Sec. 71.01. DEFINITIONS. In this chapter,
(a) "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
(1) participants may not know each other's identity;
(2) membership in the combination may change from time to time; and
(3) participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
(b) "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.
(c) "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(d) "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Yeah, my post above yours should actually be posted in response to yours. It is a circus sideshow the way they "prove" gang affiliation.
Sounds pretty easy to prove.
Me and two buddies wearing aggie gear egging houses could be a gang by that def.
Me and two buddies wearing aggie gear egging houses could be a gang by that def.
quote:You're right. No problem with Reb.
Sarcasm
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
If the Waco police officers were found to have acted improperly and to have murdered those bikers, would they qualify for the gang statute? They were wearing similar things and engaging in criminal behavior.
quote:I think the Bandidos are the only group that wears 1% in Texas.quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
quote:I don't know of any right offhand. The closest I have seen was a DPS trooper who followed a rather large group of bikers up the freeway for about 15 miles. Along the way, you can hear him on his in-car video calling for support for the stop he is about to make. He then pulls over the entire group. for allegedly following too closely. He then bust one guy for felon in possession of a weapon. No one else is charged (no other felons). I was the ADA on the case. When I presented the case to the grand jury, I pointed out that the felon was not riding too closely (it was a couple of guys who were not charged). That made the search that produced the gun likely illegal (his lawyer said definitely illegal). Grand jury tossed the case.quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
The problem with that example is that even though some of the bikers were wearing colors, they were not one of the well known ones. No one ever suggested calling them a street gang.
In the 70's and 80's when mass arrests took place of mafia members in New York, what happened to most of those guys?
quote:Most of them went down. But, remember, those were complex cases that took years of infiltration, investigation and prosecution. Each defendant had multiple counts, and those counts varied from defendant to defendant. It is night and day compared to this xeroxed complaint filings that happened here.
In the 70's and 80's when mass arrests took place of mafia members in New York, what happened to most of those guys?
In fact, you may recall a multi-defendant case filed against 55-60 Aryan Brotherhood members a couple of years back. It was also federal, and also was a very heavily investigated case. I think all of them pled for time.
The Feds did go after the Hells Angels with RICO and it ended with the HA beating all the charges. The govt couldn't tie the HA to being a criminal gang rather than a group filled with criminals.
It has been mentioned before, but I think what you will see in this case is a rather large number of bikers will be no billed by the grand jury, especially those bikers who are not Bandidos or Cossacks. A smaller, more manageable group that can be shown to be close to the action, either as shooters, cutters, or holding weapons, will be indicted. The DA will go hard after that group.
Of course, doing it this way will make it look worse for the lawsuit that the no billed people file against the city and county, but indicting people you cannot prove guilty will only make it worse.
Of course, doing it this way will make it look worse for the lawsuit that the no billed people file against the city and county, but indicting people you cannot prove guilty will only make it worse.
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quote:
Sounds pretty easy to prove.
Me and two buddies wearing aggie gear egging houses could be a gang by that def.
If you "regularly" did that, you may be right. Key word "regularly
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quote:
The Feds did go after the Hells Angels with RICO and it ended with the HA beating all the charges. The govt couldn't tie the HA to being a criminal gang rather than a group filled with criminals.
Outlaws weren't so lucky
http://www.justice.gov/opa/pr/six-leaders-and-members-phantom-outlaw-motorcycle-club-and-vice-lords-street-gang-convicted
quote:That's Phantom, not Outlaw.quote:
The Feds did go after the Hells Angels with RICO and it ended with the HA beating all the charges. The govt couldn't tie the HA to being a criminal gang rather than a group filled with criminals.
Outlaws weren't so lucky
http://www.justice.gov/opa/pr/six-leaders-and-members-phantom-outlaw-motorcycle-club-and-vice-lords-street-gang-convicted
quote:quote:I think the Bandidos are the only group that wears 1% in Texas.quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
Not really. Any of their support clubs wear the 1% diamond. In addition, there are several 1% clubs that aren't affiliated with the Bandidos. 1% isn't exclusive to the dominant MC. The Texas rocker, however, is.
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That's Phantom, not Outlaw.
Do you just have to be contrarian about everything on here?
http://www.thestate.com/news/local/crime/article14429771.html
Which club were these guys in?
It should also be noted that a 1% patch doesn't mean "I'm a criminal".
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quote:I know it isn't exclusive to the dominant club, but the other main OMGs aren't active in Texas. You aren't going to stumble across the Pagans or Hells Angels in Texas. A few Vagos in Texas and SOS is strong in Louisiana, but not here.quote:quote:I think the Bandidos are the only group that wears 1% in Texas.quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
Not really. Any of their support clubs wear the 1% diamond. In addition, there are several 1% clubs that aren't affiliated with the Bandidos. 1% isn't exclusive to the dominant MC. The Texas rocker, however, is.
quote:What he linked to was the Phantom Outlaw MC, which is a different entity from the more famous Outlaws MC.quote:
That's Phantom, not Outlaw.
Do you just have to be contrarian about everything on here?
http://www.thestate.com/news/local/crime/article14429771.html
Which club were these guys in?
I don't get what point you are trying to prove by linking to an article about a completely different case.
quote:quote:I know it isn't exclusive to the dominant club, but the other main OMGs aren't active in Texas. You aren't going to stumble across the Pagans or Hells Angels in Texas. A few Vagos in Texas and SOS is strong in Louisiana, but not here.quote:quote:I think the Bandidos are the only group that wears 1% in Texas.quote:
I would think a biker gang would almost certainly count as a "gang" so far as carrying in the car in Texas goes. Anybody know of a case where this has occurred, where a biker carrying otherwise legally was charged with having an illegal weapon because of his affiliation?
If they have any 1%, I am pretty sure they qualify as a gang.
8T2 would be the best to know if anyone had been charged.
Not really. Any of their support clubs wear the 1% diamond. In addition, there are several 1% clubs that aren't affiliated with the Bandidos. 1% isn't exclusive to the dominant MC. The Texas rocker, however, is.
True, but you will see Hermanos, Macheteros, Amigos, etc, all of whom are support clubs who wear the 1%. Hell, the Valkyries are an all female 1% club. 1% is not something claimed as exclusive by the dominant MC, like the state rocker is.
quote:
Of course, by the time trial rolls around, there will be some bullsheet Texas Ranger that gets on the stand to testify that the Cossacks commit all manner of crime, and are a street gang, all of it in narrative form of testimony, none of it being actual incidents of which the witness has first hand knowledge. He will be able to do this because he will have been qualified as an "expert" on biker gangs, or street gangs. It is a license to pile rank hearsay on top of the defendant, without having to back it up.
Great post i have seen this happen.
Doesn't mean your defense lawyer shouldn't rip him a new one on cross.
quote:These resignations are from last summer. They are not recent, and not related to Twin Peaks.
http://m.wacotrib.com/news/courts_and_trials/another-veteran-prosecutor-leaves-da-s-office/article_8b1bd9ca-f772-558f-adaa-fd6c74e714c8.html?mode=jqm
Rats jumping off the sinking ship?
This is recent, however.
http://eseries.tcdla.com/docs/TCDLA_LETTER060515.pdf
The Texas Criminal Defense Lawyers Association has asked the presiding judge over McLennan County to appoint visiting judges to help the sitting judges hear bond reduction hearings in order to expedite the bonding out of those charge in the Twin Peaks incident. The judges have previously said they do not need help, even though they are only holding hearings only on Fridays, and none are scheduled for the next 2 weeks.
http://eseries.tcdla.com/docs/TCDLA_LETTER060515.pdf
The Texas Criminal Defense Lawyers Association has asked the presiding judge over McLennan County to appoint visiting judges to help the sitting judges hear bond reduction hearings in order to expedite the bonding out of those charge in the Twin Peaks incident. The judges have previously said they do not need help, even though they are only holding hearings only on Fridays, and none are scheduled for the next 2 weeks.
They have their work cut out for them. Abel might as well go the pop route. You know misdemeanor pissing of the police or loitering.
That's gonna be spensive
quote:Yeah, but holding the 145 bikers still in jail is even more expensive.
That's gonna be spensive
quote:Dammit. I missed seeing the date. Thanksquote:These resignations are from last summer. They are not recent, and not related to Twin Peaks.
http://m.wacotrib.com/news/courts_and_trials/another-veteran-prosecutor-leaves-da-s-office/article_8b1bd9ca-f772-558f-adaa-fd6c74e714c8.html?mode=jqm
Rats jumping off the sinking ship?
FYI, SanAntonioAg1 is a sip troll.
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