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

328,908 Views | 1928 Replies | Last: 2 yr ago by rather be fishing
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Guitarsoup
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AG
quote:
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Placed in custody, arrest, detained, whatever. We all mean the same thing. Lock them up for up to 72 hours before charges are filed, as the Supreme Court said is legal without violating civil rights.

Instead, they filed flimsy probable cause and arresting without probable cause is a civil rights violation of the 4th Amendment and redress can be sought through a false arrest/malicious prosecution lawsuit.

And many of these man and women may have separate civil rights violations by the City of Waco/Waco PD and the Justice of the Peace who may be found to have violated the 8th Amendment restriction on unreasonable bail. And he certainly didn't help himself out by saying he set the bail that high to send a message, when that is illegal. Bail cannot be set to send a message.
FYI in Texas the limit is 48 hours.

Ok. I searched for that and knew some states had a 48hr max, but couldn't find the Texas statute.

Either way, they had a very good option rather than just file a worthless probable cause. 48 hours just gives them less time for their police work.
Kenneth_2003
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AG
If they'd run out of time, cut them loose! Heaven forbid the actually do their homework, get a judge to sign a warrant, and go get the folks later!

Novel concept I know.
Guitarsoup
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http://www.kcentv.com/story/29186968/twin-peaks-files-100000-lawsuit-against-waco-location

Twin Peaks has filed a 100k lawsuit against the Waco Franchisee.
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Scruffy
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AG
What a mess.
Guitarsoup
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I cannot think of any better way the Waco PD could have handled things, and I've yet to read of any better ideas from all the Monday morning quarterbacks, IMO.
How about this:

1. Arrest everyone.

2. Work everyone in the dept overtime and take the help of the Rangers, DPS, FBI, ATF, etc to gather and analyze evidence.

3. For everyone that you have proper evidence on, you write a proper probable cause affidavit that specifically says what probable cause you have for arresting that person and submit that to the Justice of the Peace.

4. For everyone you do not have probable cause to arrest in 72 hours, you let them go, but keep their name and contact information on file.

5. The Justice of the Peace looks at those affidavits and assigns a reasonable bail that is meant to ensure that the defendants will show up for trial.



****ing ground breaking, isn't it?

quote:
Now, million dollar bails and months to get hearings are a separate issue. Sucks, but it is what it is.
Civil rights violations aren't just "Whatever, bros, sucks to be you!"


Techno Ag, I would still like to hear your thoughts on why this would be a bad plan of action.
techno-ag
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AG
I guess I'm willing to give WPD the benefit of the doubt more than y'all are. This was kind of unprecedented. I really don't think they could have done much better under the circumstances.
Guitarsoup
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AG
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I guess I'm willing to give WPD the benefit of the doubt more than y'all are. This was kind of unprecedented. I really don't think they could have done much better under the circumstances.


I'm willing to cut police a lot slack up to the point where they are violating basic American civil rights. They have a very difficult job.

How is my plan of action bad our worse than the one they implemented?
oneeyedag
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quote:
I guess I'm willing to give WPD the benefit of the doubt more than y'all are. This was kind of unprecedented. I really don't think they could have done much better under the circumstances.


I was too until Baghdad Swantons' first lie, then his second and so on. The fill in the blank affadavit with literally zero preponderance of evidence, was my last straw.

In sure some are guilty probably 10 or so, the rest I don't think so.
Expert Analysis
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AG
So with all these violent gang members getting arrested how many actually have a criminal record? How many people are felons or have warrents out?

No problem holding everyone right after the situation. The bond level and weeks of jail time for >100 people who are only guilty by association, heck some weren't even associated, is ridiculous. Guitarsoups plan is exactly how it should have been handled. People with no record should have been released within a day unless they had some proof to hold them.
oneeyedag
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Expert, not that many two thirds had no criminal record.
Guitarsoup
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Expert, not that many two thirds had no criminal record.
I haven't seen a breakdown of who had what, but of the ~50 people that had a previous arrest record, most were for possession of less than 2oz of pot and the second most were DUI/DWI. Not many had records of anything you would associate with a criminal gang.
agsalaska
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I am also guessing, and I may be wrong, that at least 7 b if not all 9 dead were killed by the cops. My guess is they are trying to figure out how exactly they are going to sell that as we speak.
Hoss
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I am also guessing, and I may be wrong, that at least 7 b if not all 9 dead were killed by the cops. My guess is they are trying to figure out how exactly they are going to sell that as we speak.


If that is the case then it really isn't that hard to sell. Threat neutralized. Contrary to what the folks in Ferguson or Baltimore would have you believe, police generally do not go around shooting innocent people. I feel pretty confident that anyone there shot by police was actively engaged in trying to shoot someone else. When the facts come out I may be proven wrong, but I guess we'll wait and see.
TexasAggie_02
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AG
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I am also guessing, and I may be wrong, that at least 7 b if not all 9 dead were killed by the cops. My guess is they are trying to figure out how exactly they are going to sell that as we speak.


If that is the case then it really isn't that hard to sell. Threat neutralized. Contrary to what the folks in Ferguson or Baltimore would have you believe, police generally do not go around shooting innocent people. I feel pretty confident that anyone there shot by police was actively engaged in trying to shoot someone else. When the facts come out I may be proven wrong, but I guess we'll wait and see.


One of the dead was a purple heart recipient with a family, and no criminal record and no club affiliation.
Guitarsoup
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AG
quote:
quote:
quote:
I am also guessing, and I may be wrong, that at least 7 b if not all 9 dead were killed by the cops. My guess is they are trying to figure out how exactly they are going to sell that as we speak.


If that is the case then it really isn't that hard to sell. Threat neutralized. Contrary to what the folks in Ferguson or Baltimore would have you believe, police generally do not go around shooting innocent people. I feel pretty confident that anyone there shot by police was actively engaged in trying to shoot someone else. When the facts come out I may be proven wrong, but I guess we'll wait and see.


One of the dead was a purple heart recipient with a family, and no criminal record and no club affiliation.


Dude had 19 grand kids.
Hoss
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AG
quote:
quote:
quote:
I am also guessing, and I may be wrong, that at least 7 b if not all 9 dead were killed by the cops. My guess is they are trying to figure out how exactly they are going to sell that as we speak.


If that is the case then it really isn't that hard to sell. Threat neutralized. Contrary to what the folks in Ferguson or Baltimore would have you believe, police generally do not go around shooting innocent people. I feel pretty confident that anyone there shot by police was actively engaged in trying to shoot someone else. When the facts come out I may be proven wrong, but I guess we'll wait and see.


One of the dead was a purple heart recipient with a family, and no criminal record and no club affiliation.


What point are you trying to make?
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Guitarsoup
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Probably that an old man that didn't own a gun didn't pose a threat. He may have been caught in cross fire. He may have picked up some one else gun and fire at cops. We don't really know what his fate or last minutes was.
Yuccadoo
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Time will tell. I'm sure there are many sides to this story. Too early to get too dramatic over opinions, assertions, and rumors.
Marlin39m
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[You have the ability to choose what threads you read. If you post in that manner again, you will not have the ability to post on any of them. -Staff]
Hoss
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quote:
Probably that an old man that didn't own a gun didn't pose a threat. He may have been caught in cross fire. He may have picked up some one else gun and fire at cops. We don't really know what his fate or last minutes was.


Key words..."we don't really know".

I felt like the point he was trying to make was that this supposedly innocent man was shot and killed by police. And that may actually be true, but we don't know. First, we don't know WHO shot him. Second, we don't know if he had a gun or picked one up. And if he did, we don't know what he was doing with it.

I just don't like the implication that Waco PD shot and killed a bunch of "innocent" people when the facts aren't even in yet. Did that happen? Possibly, but it seems pretty unlikely to me. As I said before, it's not really good for an officer's career, conscious or future to kill an innocent person. Does it happen every now and then? Sure, unfortunately. When you're faced with a split second decision to shoot or not shoot then it's always possible. Did that happen here? WE DON'T KNOW.
agsalaska
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AG
quote:
quote:
Probably that an old man that didn't own a gun didn't pose a threat. He may have been caught in cross fire. He may have picked up some one else gun and fire at cops. We don't really know what his fate or last minutes was.


Key words..."we don't really know".

I felt like the point he was trying to make was that this supposedly innocent man was shot and killed by police. And that may actually be true, but we don't know. First, we don't know WHO shot him. Second, we don't know if he had a gun or picked one up. And if he did, we don't know what he was doing with it.

I just don't like the implication that Waco PD shot and killed a bunch of "innocent" people when the facts aren't even in yet. Did that happen? Possibly, but it seems pretty unlikely to me. As I said before, it's not really good for an officer's career, conscious or future to kill an innocent person. Does it happen every now and then? Sure, unfortunately. When you're faced with a split second decision to shoot or not shoot then it's always possible. Did that happen here? WE DON'T KNOW.
Just to clarify, and I probaly have a much different opinion of law enforcement in this country than you do, but I didnt mean to imply that the cops shot a bunch of innocent people. My guess is though they did the most killing. BUt it was an extremely difficult chaotic situation. And its just a guess. I am pretty critical of law enforcement in general, but to your point we really dont know anything at this point.
Guitarsoup
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Also if a Bandidos member was accidentally killed in the cross fire, I doubt a ton of people are really upset. He chose to join a group that is openly organized crime and outlaws. If a war hero grandfather that was not a member died in the cross fire, more peyote see that as a tragedy.
Scruffy
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AG
quote:
more peyote


Plants are outdoors.
As are guns.
And motorcycles.
Marlin39m
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quote:
quote:
more peyote


Plants are outdoors.
As are guns.
And motorcycles.
The only peyote I have ever seen was being grown indoors- maybe at guitar's house.
The guns have only vaguely been discussed in a manner more appropriate for the politics board.
Motorcycles would fit nicely in the automotive board.
I have read nothing related to hunting, fishing, or golf ( not sure why that would be listed on the OB since there is a golf board.)

att hello, I am not real sure that you understand the meaning of free speech, especially in relation to a privately owned business that allows you to post at their discretion.
Hoss
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quote:
Just to clarify, and I probaly have a much different opinion of law enforcement in this country than you do, but I didnt mean to imply that the cops shot a bunch of innocent people. My guess is though they did the most killing. BUt it was an extremely difficult chaotic situation. And its just a guess. I am pretty critical of law enforcement in general, but to your point we really dont know anything at this point.


It's possible that they did, but like you said...that's just a guess at this point. That being said, if any one of them was actively engaged in a shoutout with other people and the police shot them then I don't have a problem with that. If the police shot someone unarmed or that wasn't actively trying to shoot someone else, then that's a whole different story.
att hello
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quote:
quote:
quote:
more peyote


Plants are outdoors.
As are guns.
And motorcycles.
The only peyote I have ever seen was being grown indoors- maybe at guitar's house.
The guns have only vaguely been discussed in a manner more appropriate for the politics board.
Motorcycles would fit nicely in the automotive board.
I have read nothing related to hunting, fishing, or golf ( not sure why that would be listed on the OB since there is a golf board.)

att hello, I am not real sure that you understand the meaning of free speech, especially in relation to a privately owned business that allows you to post at their discretion.
I understand it just fine, but you seem like you're trying to interject your opinion on how Texags should treat this thread. As you said, it's a private business and they can do as they see fit. They've decided it's fine and have left it up. Again, if you don't like it, don't open it up again.

Out of curiosity, what line of work are you in?
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Yuccadoo
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quote:
quote:
Just to clarify, and I probaly have a much different opinion of law enforcement in this country than you do, but I didnt mean to imply that the cops shot a bunch of innocent people. My guess is though they did the most killing. BUt it was an extremely difficult chaotic situation. And its just a guess. I am pretty critical of law enforcement in general, but to your point we really dont know anything at this point.


It's possible that they did, but like you said...that's just a guess at this point. That being said, if any one of them was actively engaged in a shoutout with other people and the police shot them then I don't have a problem with that. If the police shot someone unarmed or that wasn't actively trying to shoot someone else, then that's a whole different story.
Ironically, some biker or diner may have been CCL and when the bad guys started shooting, tried to defend himself. This makes LEOs job MUCH more difficult to make target choice in favor of 'good' guys. No real reason to argue this...just making a point that may or may not apply. Adding speculation to the fire....
TexasAggie_02
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AG
quote:

I have read nothing related to hunting, fishing, or golf ( not sure why that would be listed on the OB since there is a golf board.)


There's a cabelas in that shopping center. A buddy of mine stopped there a week ago to buy ammo and clay pigeons for memorial day weekend at the ranch. The crime scene tape was still up.

There ya go.
Hoss
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AG
quote:
quote:
quote:
Just to clarify, and I probaly have a much different opinion of law enforcement in this country than you do, but I didnt mean to imply that the cops shot a bunch of innocent people. My guess is though they did the most killing. BUt it was an extremely difficult chaotic situation. And its just a guess. I am pretty critical of law enforcement in general, but to your point we really dont know anything at this point.


It's possible that they did, but like you said...that's just a guess at this point. That being said, if any one of them was actively engaged in a shoutout with other people and the police shot them then I don't have a problem with that. If the police shot someone unarmed or that wasn't actively trying to shoot someone else, then that's a whole different story.
Ironically, some biker or diner may have been CCL and when the bad guys started shooting, tried to defend himself. This makes LEOs job MUCH more difficult to make target choice in favor of 'good' guys. No real reason to argue this...just making a point that may or may not apply. Adding speculation to the fire....


Indeed. That's why I was saying a few pages back that if I were caught in this situation I don't think I'd even attempt to go for my gun unless I had no other choice. If just try to hide somewhere and wait for the shooting to stop. But yeah...in a situation like this it would be very easy for a "good guy" with a gun to be mistaken for a "bad guy".
oneeyedag
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quote:
quote:

I have read nothing related to hunting, fishing, or golf ( not sure why that would be listed on the OB since there is a golf board.)


There's a cabelas in that shopping center. A buddy of mine stopped there a week ago to buy ammo and clay pigeons for memorial day weekend at the ranch. The crime scene tape was still up.

There ya go.


Harleys, guns, knives, chains and bewbs are all outdoors.
itsyourboypookie
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What if they were all legally carrying?
 
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