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

321,361 Views | 1928 Replies | Last: 2 yr ago by rather be fishing
techno-ag
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AG
Makes my point pretty well, I think. You guys think I'm saying an extreme I'm not, and all you're focusing on are allegedly pure and innocent people arrested at the other restaurant. This is not black and white. I'll state the point again, and we can try again to fill in the shades. But the point stands.

If you quack like a duck, and duck stuff hits the fan, don't be surprised to be rounded up with all the ducks.

On the one hand you have a Bandido claiming he's in a club, not a gang. The judge was reminded law enforcement sees his affiliation as in a criminal gang. He's a duck.

On the other hand you've got people rounded up who are in honest clubs, not gangs. They were quacking, but they're not ducks. They were there when the duck stuff hit the fan. Their bails have been lowered substantially.

The system is working. It's slow. But it's working. They're sorting through and figuring out who the real ducks are.
AggieOO
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quote:
Makes my point pretty well, I think. You guys think I'm saying an extreme I'm not, and all you're focusing on are allegedly pure and innocent people arrested at the other restaurant.
i'm not. i'm talking about someone i know who was at twin peaks. he was on his motorcycle riding with some people from his austin club who are clean and sober. They saw a bunch of bikes at TP, so they decided to stop and have lunch before heading back to austin. He was arrested and held on a $1M bond. He didn't do anything, wasn't there for a meeting, and doesn't have a connection to the bandidos or cossacks, though he might have back in his rougher days.

he still isn't sure if he's going to be allowed to return to work, and he's now facing visitation/custody rights issues for his kids.
TXAGFAN
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What you guys who don't ride do not understand is that usually these guys are not a problem. They sort their problems out in private away from "civilians". I don't know that I would stay in a restaurant full of bandidos, but I wouldn't give a small group of them a second thought in most situations.
Guitarsoup
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When police have video evidence of people not participating in a crime and they have to spend weeks or months in jail because of a bull**** generalize probable cause affidavit and a lazy ass police force that would not write a specific probable cause detailing what that person actually did as you will find with every other case ever, I don't call that the system working. To any intelligent, rational human, just because you ride a similar vehicle or wear similar clothes as a gang member, it does not make you a gang member nor does it give the police probable cause to arrest you. If the bloods decided to have a shoot out with the crips at Fuddruckers, and I happened to be at Fuddruckers wearing a Dodgers hat, no one would assume I was a part of the shootout. But somehow reasonableness and thoughtfulness was thrown out the window with this case.

I don't care about the Bandidos and Cossacks being thrown in jail. I care about everyone else there, especially the people that did not participate and actively removed themselves from the situation.
jenn96
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quote:
he still isn't sure if he's going to be allowed to return to work, and he's now facing visitation/custody rights for his kids.
This is why "the system is working just slowly" isn't an adequate response. A lot of these guys only get paid if they work, share custody of their kids, don't have a whole lot of financial liquidity, don't have jobs where they've built up 6 weeks of vacation for when they get swept up by overly cautious law enforcement during a mass arrest, etc. For them - people who are completely innocent of any wrongdoing - the delay in getting this mess sorted out is absolutely life-changing and won't be able to just be sorted out eventually because the damage will have already been done. It can permanently affect their financial futures and relationships - and they did NOTHING ILLEGAL. They didn't break any laws. Having lunch with the Bandidos may not be smart, but it's not a crime. This is a case where the process itself has become the punishment. That is NOT the way our legal system is supposed to work and I'm dumbfounded that there are people who seem to be okay with it because they think the victims should have a better class of friends. They are American citizens and they have rights.
Guitarsoup
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AG
quote:
quote:
he still isn't sure if he's going to be allowed to return to work, and he's now facing visitation/custody rights for his kids.
This is why "the system is working just slowly" isn't an adequate response. A lot of these guys only get paid if they work, share custody of their kids, don't have a whole lot of financial liquidity, don't have jobs where they've built up 6 weeks of vacation for when they get swept up by overly cautious law enforcement during a mass arrest, etc. For them - people who are completely innocent of any wrongdoing - the delay in getting this mess sorted out is absolutely life-changing and won't be able to just be sorted out eventually because the damage will have already been done. It can permanently affect their financial futures and relationships - and they did NOTHING ILLEGAL. They didn't break any laws. Having lunch with the Bandidos may not be smart, but it's not a crime.


Right on the money.

Plus whenever they apply for a job for the rest of the life, when asked if they have ever been arrested and charged with a felony, they now get to get to check yes.
Kenneth_2003
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quote:
The system is working. It's slow. But it's working.
No it isn't working. They never should have been arrested in the first place. If the cops can't find probably cause they can hold you for 48 hours then they have to cut you loose. Instead they used a blanket and poorly backed probable cause affidavit to charge them all. The JP (who is an ex cop) accepted the cops BS and lazy/sloppy police work. As an added bonus he ILLEGALLY set the bonds at $1,000,000 "to send a message."

If that's your idea of a working system, I don't want to live under your system.
8T2
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quote:
Makes my point pretty well, I think. You guys think I'm saying an extreme I'm not, and all you're focusing on are allegedly pure and innocent people arrested at the other restaurant. This is not black and white. I'll state the point again, and we can try again to fill in the shades. But the point stands.

If you quack like a duck, and duck stuff hits the fan, don't be surprised to be rounded up with all the ducks.

On the one hand you have a Bandido claiming he's in a club, not a gang. The judge was reminded law enforcement sees his affiliation as in a criminal gang. He's a duck.

On the other hand you've got people rounded up who are in honest clubs, not gangs. They were quacking, but they're not ducks. They were there when the duck stuff hit the fan. Their bails have been lowered substantially.

The system is working. It's slow. But it's working. They're sorting through and figuring out who the real ducks are.
You may well be correct in your description of the situation. My point has been and remains that this is an example of how the system is broken. So, a DA tells a judge that law enforcement sees a group as a gang. No proof, no testimony, just a wink and a nod between two people on the same side of the fence, and the judge takes it as gospel. This is common with so many judges who are former prosecutors, and have never spent one day researching a case from the other side.

It is little surprise that the judge found probable cause. Few have the guts to find No PC. The reality is that probably 150-160 cases have no PC, and if he found no PC on one case, it would open the flood gates. He is hoping that the DA will lose the bad cases in the Grand Jury and save everyone the trouble of dealing with them. There is not a lot of courage in criminal justice. There just isn't.
Kenneth_2003
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AG
^
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The wink and a nod by the judge is something that was discussed earlier in the thread and I brought up as something that bugs me. The judge is an ex cop. Within our system, judges reside in the realm of the judiciary branch (obviously) and cops are law enforcement, which lies on the executive side of the triangle. They have checks and balances against one another. A good judge makes a cop do his job. This requires gathering and presenting evidence. A good judge reviews the PC affidavit. A good judge doesn't sign everything the cops bring him. A good judge tells the cops to go home and finish their homework. I think a judge that's an ex cop probably tends to still wear his cop hat. I think he still thinks like a cop. I think he's probably too willing to side with the cops. I think he lets the cops get away with things. I think he has a desire to be the kind of judge he wishes he dealt with when he was a cop, and eliminate the things judges did to him and his colleagues that he didn't like. I think he wants to make it easier for the cops to put people away.

ShaggyAggie01
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AG
quote:
quote:
he still isn't sure if he's going to be allowed to return to work, and he's now facing visitation/custody rights for his kids.
This is why "the system is working just slowly" isn't an adequate response. A lot of these guys only get paid if they work, share custody of their kids, don't have a whole lot of financial liquidity, don't have jobs where they've built up 6 weeks of vacation for when they get swept up by overly cautious law enforcement during a mass arrest, etc. For them - people who are completely innocent of any wrongdoing - the delay in getting this mess sorted out is absolutely life-changing and won't be able to just be sorted out eventually because the damage will have already been done. It can permanently affect their financial futures and relationships - and they did NOTHING ILLEGAL. They didn't break any laws. Having lunch with the Bandidos may not be smart, but it's not a crime. This is a case where the process itself has become the punishment. That is NOT the way our legal system is supposed to work and I'm dumbfounded that there are people who seem to be okay with it because they think the victims should have a better class of friends. They are American citizens and they have rights.
POTD Material.
8T2
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quote:
^
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The wink and a nod by the judge is something that was discussed earlier in the thread and I brought up as something that bugs me. The judge is an ex cop. Within our system, judges reside in the realm of the judiciary branch (obviously) and cops are law enforcement, which lies on the executive side of the triangle. They have checks and balances against one another. A good judge makes a cop do his job. This requires gathering and presenting evidence. A good judge reviews the PC affidavit. A good judge doesn't sign everything the cops bring him. A good judge tells the cops to go home and finish their homework. I think a judge that's an ex cop probably tends to still wear his cop hat. I think he still thinks like a cop. I think he's probably too willing to side with the cops. I think he lets the cops get away with things. I think he has a desire to be the kind of judge he wishes he dealt with when he was a cop, and eliminate the things judges did to him and his colleagues that he didn't like. I think he wants to make it easier for the cops to put people away.

Yes, I mentioned the JP being a former state trooper, and how police detectives will often get warrants from their favorite JP who does not read the affidavits. They just sign the warrant. It makes for bad searches that can cost a DA his case. This JP decided on $1 million bonds after discussing the matter with the DA.

The judge who found probable cause is not the JP, but one of the two district court judges hearing criminal cases in McClennan County. District judges are lawyers, but many are former prosecutors, and because the judges and DAs are both officing in the courthouse and paid by the government, there is an uncomfortable chuminess between most of them. Virtually all judges run for election on a "tough on crime" platform, so it is easy...too easy...for them to always side with the DA. It is not a problem when the DA takes his oath seriously. But, when cases like this come up, bad rulings are easily made.
TexasRebel
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AG
This is going to create one hell of a class action lawsuit!
techno-ag
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quote:
This is going to create one hell of a class action lawsuit!
Who would they file suit against? How does that work? Do they sue the cops? The JP? The prosecutors? All of the above?
laavispa
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It is not a problem when the DA takes his oath seriously.
I take it you think the local DA does not "take his oath seriously"? Implying that if he did this would not be an issue for TXAGS.
BoerneGator
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quote:
quote:
This is going to create one hell of a class action lawsuit!
Who would they file suit against? How does that work? Do they sue the cops? The JP? The prosecutors? All of the above?
Start with the authority who arrested them. City of Waco.
Guitarsoup
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quote:
quote:
This is going to create one hell of a class action lawsuit!
Who would they file suit against? How does that work? Do they sue the cops? The JP? The prosecutors? All of the above?
Generally when you file suit, most people start broad and narrow down later. Kind of like Waco police, but without the pesky civil rights violations.
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Guitarsoup
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At least one federal civil rights lawsuit has been filed as well.
techno-ag
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quote:
Lawsuits will be complicated. Not saying it won't happen but the idea that all these folks are sitting on a lawsuit goldmine is a little misplaced.

Someone has already filed a complaint with the judicial ethics folks on the justice of the peace.
That's what I was thinking. It seems more along the complaint line than the lawsuit line.
Guitarsoup
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http://www.wfaa.com/story/news/local/texas-news/2015/06/11/twin-peaks-shooting-police-witness/71090750/


quote:
A decorated Iraq war veteran, who was jailed after the Twin Peaks shootout in Waco, is telling an alarming version of the deadly encounter.

He says not only was he wrongly imprisoned for three weeks, he says he witnessed police firing their weapons in an "aimless" assault into a crowd of bikers, nine of whom were killed.

Devoll says he was a passenger in a pickup that had just pulled into the Twin Peaks parking lot, when he heard gunfire.

"I heard a few rounds of handgun fire and then I would say an overbearing suppressing fire of M-4 rounds," said Devoll.



Devoll was released on 25k bond, so likely not apart of any gang.

eric76
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From the story linked above:
quote:
"They started treating people at the scene as criminals from the very beginning," said Bishop. "They were given $1 million bonds and held without any reason to believe that most of them had committed any crime."

Waco police deny the allegations and say their officers were in the right. In fact, they've said they were being fired upon and returned fire to both protect themselves and the other innocent people.


The police are saying there were innocent people present? I was under the impression that they believe that everyone was guilty.
BoerneGator
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quote:
Devoll says while police were responding to a dangerous situation, it appeared as though they were randomly firing into a group of bikers."People lying on the ground, trying to get away from the gunfire," Devoll said. "I saw a woman with her hands over the top of her head screaming. People running for cover. The way the cops came running in and doing what they did, it seemed like almost shooting aimlessly into a crowd of people."
Devoll will make a compelling witness. What a CF this continues to be!
AggieOO
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quote:
http://www.wfaa.com/story/news/local/texas-news/2015/06/11/twin-peaks-shooting-police-witness/71090750/


quote:
A decorated Iraq war veteran, who was jailed after the Twin Peaks shootout in Waco, is telling an alarming version of the deadly encounter.

He says not only was he wrongly imprisoned for three weeks, he says he witnessed police firing their weapons in an "aimless" assault into a crowd of bikers, nine of whom were killed.

Devoll says he was a passenger in a pickup that had just pulled into the Twin Peaks parking lot, when he heard gunfire.

"I heard a few rounds of handgun fire and then I would say an overbearing suppressing fire of M-4 rounds," said Devoll.



Devoll was released on 25k bond, so likely not apart of any gang.

come on guitarsoup, Devoll was there. He MUST be a duck. guilty as charged.
TexasRebel
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He looks like a goose, he honks like a goose,

...he must be a duck!
Windex
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Correcting the AP on the gunfire at Twin Peaks


The above is from a blog so take it for what it's worth. However, I am pretty skeptical about a lot of the reports regarding the police gunfire.
Guitarsoup
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quote:
quote:
http://www.wfaa.com/story/news/local/texas-news/2015/06/11/twin-peaks-shooting-police-witness/71090750/


quote:
A decorated Iraq war veteran, who was jailed after the Twin Peaks shootout in Waco, is telling an alarming version of the deadly encounter.

He says not only was he wrongly imprisoned for three weeks, he says he witnessed police firing their weapons in an "aimless" assault into a crowd of bikers, nine of whom were killed.

Devoll says he was a passenger in a pickup that had just pulled into the Twin Peaks parking lot, when he heard gunfire.

"I heard a few rounds of handgun fire and then I would say an overbearing suppressing fire of M-4 rounds," said Devoll.



Devoll was released on 25k bond, so likely not apart of any gang.
come on guitarsoup, Devoll was there. He MUST be a duck. guilty as charged.
He was a passenger in a pickup. Probably was a Ford F-150 Harley Davidson edition. Gang symbols. Quack Quack, mother ****ers!
8T2
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^^^ Good for a morning laugh.
8T2
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quote:

Correcting the AP on the gunfire at Twin Peaks


The above is from a blog so take it for what it's worth. However, I am pretty skeptical about a lot of the reports regarding the police gunfire.
He didn't really do anything to dispute the narrative that Waco PD did most of the shooting. 119 weapons were found, but we already knew that, and we also knew that many were found in parked cars, making it unlikely that they were used or immediately accessible. He appears mostly to be pointing out the AP author's vague knowledge of automatic and semi-automatic weapons in that snooty way that AR aficionados sometimes do.
TexasAggie_02
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quote:
Quack Quack, mother ****ers!




Let's. Get. DANGEROUS!
techno-ag
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quote:

Correcting the AP on the gunfire at Twin Peaks


The above is from a blog so take it for what it's worth. However, I am pretty skeptical about a lot of the reports regarding the police gunfire.


The AP retraction:
quote:
In a story June 6 about a shootout involving bikers in Waco, The Associated Press reported erroneously that witnesses said the sound of semi-automatic gunfire dominated the shootout. They said the shootout was dominated by what sounded like short bursts of automatic gunfire. The AP also erroneously reported that a semi-automatic weapon can shoot more bullets in less time than a small-caliber weapon. The story should have said that an automatic weapon can fire multiple rounds more quickly than a semi-automatic weapon.


The blogger's comments:
quote:
Here's the thing: the patrol rifles issued to local law enforcement and displayed in multiple photos all appear to be COTS (commercial off the shelf) AR-15 patrol rifles with 16 barrels. These are almost always semi-automatic rifles.

Selective-fire SWAT "entry" M4s that are NFA items typically range in barrel length from 10.5 to 14.5 inches, and none of those seem present from any reporting or photos at Twin Peaks. Likewise, none of the rifles carried by the police carry the distinctive lines of the worn-out M16A1s some law enforcement agencies around the nation were provided by the federal government.

The new claims of automatic weapons fire still doesn't seem to have factual support other than hearsay from three ear-witnesses, who readily admit that they didn't see officer shoot, much less see automatic weapons being fired.


I'd say that duck was quacking up the wrong tree.
Kenneth_2003
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come on guitarsoup, Devoll was there. He MUST be a duck. guilty as charged.
Why don't they just weigh everyone. If he weighs the same as a duck, he must be made of wood.
Scruffy
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AG
And therefore a witch!
Snow Monkey Ambassador
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quote:
This is not black and white.

. . .

The system is working. It's slow. But it's working. They're sorting through and figuring out who the real ducks are.
You're completely and absolutely wrong about this. It's not even a close call. You repeating it over-and-over doesn't change that fact.

Modern American jurisprudence has made it unequivocally clear that setting bail "to send a message" is unconstitutional. Yet the JP admitted publicly that he did just that. Black and white, not gray. Likewise, rounding up 170+ people with absolutely no probable cause is unconstitutional. That is what happened, here. Black and white, not gray. Holding all of those people for weeks on excessive bail is unconstitutional. Black and white, not gray.

Your "if it walks like a duck" test is great, I guess, but it's not the law (thank Christ). And even if it were, there were a great many people who did not have flippers that got to rot in jail anyway. You coming here and saying "law enforcement disagrees" doesn't change any of that. The fact that they "disagree" is why they're going to be in serious hot water when all of this is sorted out. That's the entire ****ing point.

This is not rocket science, this is common, everyday jurisprudence. The folks pointing this out are not some crazy gang of liberal psychos, they're Americans who value the freedoms that the Constitution provides. Taking this "if it walks like a duck" approach is about the furthest thing from American you can get. It shocks me - and, frankly, pisses me off - that so many of you are taking this stance. The freaking Berlin Wall fell decades ago, and the Soviets lost. If you want to go back to their police state, fine . . . just do it somewhere else. Here in America, we value individual rights.
Snow Monkey Ambassador
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AG
quote:
quote:
he still isn't sure if he's going to be allowed to return to work, and he's now facing visitation/custody rights for his kids.
This is why "the system is working just slowly" isn't an adequate response. A lot of these guys only get paid if they work, share custody of their kids, don't have a whole lot of financial liquidity, don't have jobs where they've built up 6 weeks of vacation for when they get swept up by overly cautious law enforcement during a mass arrest, etc. For them - people who are completely innocent of any wrongdoing - the delay in getting this mess sorted out is absolutely life-changing and won't be able to just be sorted out eventually because the damage will have already been done. It can permanently affect their financial futures and relationships - and they did NOTHING ILLEGAL. They didn't break any laws. Having lunch with the Bandidos may not be smart, but it's not a crime. This is a case where the process itself has become the punishment. That is NOT the way our legal system is supposed to work and I'm dumbfounded that there are people who seem to be okay with it because they think the victims should have a better class of friends. They are American citizens and they have rights.
"The system working just slowly" isn't an adequate response because that's not the system. These anti-American, pro-Police State communists on this thread don't care about the system because they are under the misapprehension that it can never work against them. It can. Regardless, one of our fundamental rights in this country - the rights paid for in the blood of real patriots - is the right to a speedy trial. There is nothing "speedy" about booking and holding 170+ people on trumped-up charges for weeks at a time.

If the system works slowly, the system doesn't work. That's why there are supposed to be checks and balances like PC affidavits and judicial review. When they're ignored, we all lose . . . not just the poor saps sitting in jail for weeks at a time for absolutely no reason.
techno-ag
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AG
9 people died, 18 shot, tons of suspects. We can belly ache online, but the cops did about as good as they could do under the circumstances.
 
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