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PostPosted: Mon May 25, 2015 10:29 pm 
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this is first thing I have heard about all this, since a week ago....

was in news everyday..now nothing...had wondered if the cops are still getting threats???

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PostPosted: Sat May 30, 2015 7:34 pm 
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First Waco “Twin Peaks” Wrongful Arrest Lawsuit Filed
Posted on May 30, 2015 by sundance

We also concur that a host of lawsuits against numerous authority will follow as a result of the unconstitutional detainment and arrest practices of the Waco Police.

Eventually, years from now, as law school students confer for their first and second year classes, the Waco shooting at “Twin Peaks” will be used as a case study showcasing the how law enforcement can, and will, overreact.

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(Via Aging Rebel) The first of what will surely be a blizzard of federal civil rights lawsuits was filed this morning against the city of Waco and McLennan County, Texas.

Scimitar Motorcycle Club member Matthew Alan Clendennen (above) is also suing Waco police officer Manuel Chavez, who signed the criminal complaint against Clendennen and up to 177 other arrestees. Chavez’ criminal complaint states that “I hereby state upon my oath that I have reason to believe and do believe that heretofore, and before making and filing of this complaint, that on or about May 17, 2015 in McLennan County, Texas, the said Clendennen, Matthew Alan did then and there, as a member of a criminal street gang, commit or conspire to commit murder, capital murder, or aggravated assault against the laws of the State.”

...more at link
http://theconservativetreehouse.com/201 ... uit-filed/

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PostPosted: Sat May 30, 2015 8:52 pm 
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Just posted this over at the Tree.....

Curiously enough the suit states, verbatim that

Clendennen did not encourage or solicit any criminal activity at Twin Peaks that day

It states he was arrested without probable cause and his motorcycle was illegally seized

The problem here is that the “conspiracy charge” means that it can be a moot point if Clendennen acted criminally at the Twin Peaks melee. What matters is if Clendennen can be definitively (probable cause) tied to the any of the crimes that the Cossacks/Scimitars have been or will be charged with, even crimes committed before the TP melee (remember the mass confiscation of guns and the NIBIN). Clendennenn may just be a snowflake caught up in the snowball rolling down a hill but for right now the DA is leaving the snowball whole.

If the video really showed what the police have claimed, don’t you think the police would release them – just to showcase how horrible these “gang bikers” are?

LE does not have to release the video. The bikers do not know what is on the video so the video is now a tool. If an identifiable individual is on the video committing a crime, then every biker who did commit a crime (10% ?) on the patio, or inside of TP, is wondering if they are on that tape. If they lie to interviewers then they have a bigger problem. I would not release the tape if I was in charge, in fact the only reason I would release it is if it was of no evidential value.

Time will tell if Mr. Clendennen has been wrongfully incarcerated. Courts will decide if he is a snowflake. In for a little in for the whole is going to be terribly important in this case IMO.

Sorry if this is a bit rushed I am watching the Hawks game so signing off.

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PostPosted: Sun May 31, 2015 12:50 am 
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I like this post, From CTH...

Quote:
lovely says:
May 31, 2015 at 12:57 am

By all means, charge the ones you have probable cause for, but being in the vicinity is not probable cause

In theory I agree with you but I believe that this really is unprecedented so even if we place the conspiracy charges aside. Who gets arrested? Who gets to just walk away from a scene where 9 men where murdered and 18 others were injured? A situation where LE was fired on? A situation where LE saw pretty quickly there was going to be a boat load of weapons recovered? I hope Swanton learned a hard lesson with his 1000’s of weapons exaggeration, but the carnage was horrific, I can’t even imagine the scene, the stench of the blood, fresh blood smells, bodies in the Texas sun, pools of blood in TP, new bikers arriving on the scene, weapons hidden all about, and a load of bikers who looked awfully compliant but still due diligence tells LE to be on alert that whatever started the fight might reignite, brothers are dead, and those who killed them are only feet away.

It was quite a scene to manage, it is quite a crime to process, and the bikers are quite a group to sort out and it all is complicated more by the sheer number of people in the equation.

Should some of the incarcerated have obviously walked away by now, obviously been cleared? I’m not privy to enough information to answer that question.

And I’m sure 100% of the bikers are proclaiming their innocence. It is a monster to sort out.

Did LE over react, I don’t know. What if every death was caused by LE then that is a different conversation.

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PostPosted: Sun May 31, 2015 8:17 am 
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It is an amazing case Rumpole, I'm not sure what happened, the Constitutionalist in me is screaming at the mass arrests, the logic legal rational part of me can find just cause given the specifics of Texas Law and high number of dead and injured in this specific situation.

If LE acted egregiously, if the arrests are unconstitutional, is yet to be seen. So much depends on things we do not know and what the bar for "associate" and "co conspirator" is under Texas law, and of course the evidence which is being analyzed.

What is known is that the Cossacks and Bandidos were involved in an escalating confrontations before TP. What is known is LE expected and was ready for that confrontation, ready to keep it contained and keep innocents safe.

I don't know what LE expected and/or was privy to before May 17th, they came armed and ready for a significant fight. I *strongly* suspect the Bandiods had been infiltrated.

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PostPosted: Sat Jun 06, 2015 7:53 pm 
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Waco prepares for Sunday’s Biker Rally

KCEN
Published: June 6, 2015, 6:59 pm


WACO, Texas - Thousands of bikers are expected to gather this weekend for an “All For One” rally in front of the McLennan County Courthouse.

Most places in downtown Waco say will be open on Sunday.

Most did not want to speak to us on camera; saying if you side with the community, the bikers will hate you and if you side with the bikers, the community will hate you. But, they all say everyone will be welcome.

Mobile food vendor George Gaylord says he sees it as a great business opportunity. In fact, he plans to park his hot dog cart right next to the McLennan County Courthouse parking lot.

Gaylord says he has a lot of friends who are bikers and was shocked when he first heard about the incident.

“I thought it was crazy because I ride a bike. I mean, I don’t ride a Harley, but still you get lumped into the same. I ride with full leathers when I used to ride with a helmet, so right away you’re a bad guy to some people,” says Gaylord.

The rally is scheduled for 1:30 p.m. on Sunday.

...more at link
http://kxan.com/2015/06/06/waco-prepares-for-sundays-biker-rally/


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PostPosted: Sun Jun 07, 2015 2:31 pm 
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Live coverage of bike rally in Waco.

The coverage is intermittent, but live when they do show it. :)

http://www.khou.com/story/news/local/texas/2015/06/07/live-video-bikers-gather-for-waco-rally/28647471/


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PostPosted: Sun Jun 07, 2015 2:34 pm 
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thanks Molly,

I assume is all going smoothly there?? I'm going to watch a bit of it..
I'm just glad the rumors about them going after cops didn't happen...

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PostPosted: Tue Jun 16, 2015 3:33 pm 
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did anyone see the biker from Tx speak out today?? I missed it, just saw part CNN played, he was crying..said his kids and work had been taking from him....

but they never said how he got out..did he pay the million dollar bail?? I'm going to look for it later, but if someone saw it ,please let me know..thanks :)

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PostPosted: Tue Jun 16, 2015 7:20 pm 
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two bikers did post bond..WOW

http://www.kcentv.com/story/29130942/se ... -from-jail

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PostPosted: Sat Jun 20, 2015 7:01 pm 
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Waco “Twin Peaks” Shooting Update – Police: “releasing video would compromise our investigation”…
Posted on June 20, 2015 by sundance

Waco Police refuse to provide public any information about the Twin Peaks shooting citing, in general, “ongoing investigation”. Video, autopsies, forensic and ballistic information will likely be withheld until the trials of the arrested, perhaps several years away.

...more at link
http://theconservativetreehouse.com/201 ... stigation/

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PostPosted: Sat Jun 27, 2015 10:40 pm 
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Waco “Twin Peaks” Shooting Update – Defense Attorney Files Motion To Compel CCTV Video Release…

Posted on June 27, 2015 by sundance

Dallas, Texas — Clinton Broden of the Dallas based criminal defense firm Broden, Mickelsen, Helms & Snipes, LLP. announced that a hearing has been set on the City of McLennan’s motion to quash the subpoena he issued to Twin Peaks for its surveillance video of the events of May 17, 2015.

The hearing is set before District Judge Matt Johnson in the 54th District Court at 9:00 am on Tuesday, June 30, 2015. Presumably a hearing will also be held at the same time on Broden’s motion to sanction the City Attorney’s Office for filing the frivolous motion to quash in the first place.

Broden continued to express bewilderment that the City of Waco believes it has the authority to stop the production of a video that is owned by the Twin Peaks franchisee and which the franchisee is ready, able and willing to produce. “Everybody needs to understand that this video is the property of the Twin Peaks franchisee. It is not the property of the City of Waco, theWaco Police or McLennan county. It is private property,” said Broden.

...more at link
http://theconservativetreehouse.com/201 ... o-release/

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PostPosted: Tue Jul 07, 2015 8:20 pm 
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Civil rights lawsuit dismissed against city, county; plaintiff plans to refile

WacoTrib.com
By Tommy Witherspoon | July 6, 2015 5:44PM


The owner of a local landscaping business who was jailed with 176 other bikers after the deadly May 17 Twin Peaks shootout has dismissed his federal civil rights lawsuit against the city of Waco and McLennan County but says he plans to refile it.

Matthew Alan Clendennen, 30, of Hewitt, a member of the Scimitars Motorcycle Club, claimed in the lawsuit that he was wrongfully jailed and that his business has suffered since his arrest.

Clendennen’s attorney, Clint Broden, said he filed a request to dismiss the suit for procedural reasons only. He said he already has amended the original petition once and he wants to amend it again to add Waco Police Chief Brent Stroman as a defendant. Broden said he does not know when the lawsuit will be refiled.

[...]
The lawsuit also alleged Clendennen’s ex-wife is using his arrest as grounds to try to gain full custody of their children.

...more at link
http://www.wacotrib.com/news/twin-peaks-biker-shooting/civil-rights-lawsuit-dismissed-against-city-county-plaintiff-plans-to/article_c22aa915-3871-5513-8d26-1ac3d3e99123.html


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PostPosted: Tue Jul 07, 2015 8:26 pm 
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WACO TWIN PEAKS JUDGE REVERSES DECISION TO EXTEND ‘PICK-A-PAL’ GRAND JURY

Breitbart Texas
By Lana Shadwick | July 7, 2015


One of the state district judges presiding over the Waco Twin Peaks bikers cases has reversed his decision to extend the term of a grand jury selected under the old method of selecting grand juries. The judge will now comply with a McLennan County, Texas, order that ends on July 8th, the much criticized practice of selecting “pick-a-pal” grand juries. This grand jury will likely decide the fate of some, if not all, of the 177 bikers arrested on May 17th after the Twin Peaks shootout.

Although the judges and the McLennon County district clerk approved a plan on June 11 requiring that grand juries be selected in the same way civil juries are selected, Judge Matt Johnson signed an order on June 30th extending the term of the grand jury who would hear the Twin Peaks shooting cases. The term of this grand jury was set to expire on June 30th. Judge Johnson was reported to have been one of the judges on June 11th who approved the plan to change the system in which grand jurors are selected in McLennan County, Texas.

The Waco Tribune-Herald reported that the order extending the grand jury term signed by Judge Johnson stated it was “for the purpose of concluding the investigation into the incident at Twin Peaks, allegations and circumstances surrounding such incident.” Grand jury proceedings are secret and it is unknown whether this grand jury had started hearing evidence in any of the Twin Peaks cases.

[...]
One of the judges has signed a gag order preventing the parties and attorneys from talking to the press, also reported by Breitbart Texas. The judge signed an order preventing the public release of the surveillance video from the Twin Peaks restaurant taken on the day of the shootout. Breitbart Texas sent a Texas Public Information Act request to the City of Waco for that and other videos on June 4thand has reported about the City’s noncompliance with the request.

Breitbart Texas also reported that one of the bikers filed a civil rights law suit against the City of Waco, the McLennan County Sheriff’s department, and individual officers. Although the lawsuit has been dismissed, the biker reportedly said he will refile the lawsuit. His lawyer Clint Broden says the plaintiff, Matthew Clendennen, asked that the case be dismissed but only for procedural reasons.

...more at link
http://www.breitbart.com/texas/2015/07/07/waco-twin-peaks-judge-reverses-decision-to-extend-pick-a-pal-grand-jury/


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PostPosted: Sat Jul 11, 2015 4:37 am 
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Waco “Twin Peaks” Shooting Update – CCTV Video Released….
Posted on July 11, 2015 by sundance

Late Friday a CCTV video from Don Carlos restaurant next door to Twin Peaks, was obtained by local station KCEN-TV media.

Apparently the video arrived through email from the law firm of Clint Broden who represents Matthew Clendennen, a local biker arrested in the shooting. According to KCEN:

    The hour-and-a-half long video shows people running, then cops approaching Twin Peaks and crouching behind cars in the Don Carlos parking lot. There [is] no audio.

    Both Mr. Broden and McLennan County District Attorney Abel Reyna said they could not comment on the video because to do so would be a violation of a gag order in the case.

    In an email Friday evening regarding a motion to be filed Monday to no longer subpoena the video from Don Carlos since the restaurant had already complied, Broden explains that unlike the surveillance video from the Twin Peaks restaurant, the video from Don Carlos restaurant was not under a protective order. Broden also stated he made the video password protected just to be cautious and only shared it with other biker’s attorneys. (read more)


The CCTV video is available HERE

...more at link
http://theconservativetreehouse.com/201 ... -released/

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PostPosted: Sat Aug 08, 2015 6:38 pm 
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Appeals court orders gag order lifted in biker’s Twin Peaks shootout case

WacoTrib.com | Friday, August 7, 2015
By TOMMY WITHERSPOON


An intermediate appellate court ruled Friday that a judge abused his discretion by imposing a media blackout on parties involved the case of a Hewitt man arrested after the Twin Peaks shootout and ordered him to lift the gag order.

In an opinion written by 10th Court of Appeals Chief Justice Tom Gray, the court granted a petition for writ of mandamus filed by Matthew Alan Clendennen and gave 54th State District Judge Matt Johnson seven days to vacate the gag order he imposed in Clendennen’s case on June 30.

Johnson granted the state’s request for the gag order after Clendennen’s attorney, Clint Broden, of Dallas, gained access to video of the deadly shootout captured by Don Carlos restaurant cameras by issuing a subpoena to Twin Peaks.

The judge ordered Broden not to release the video to the media.

Broden filed at least two supplemental briefs to accompany his initial writ of mandamus request. The briefs said Broden would have had plenty to say about a number of developments in the case, including when Waco Police Detective James Head was named foreman of a McLennan County grand jury after Head was randomly selected to the panel.

“I will have a lot to say soon. I have been saving it up,” Broden said in an email Friday.

A number of media outlets and the Texas Criminal Defense Lawyers Association filed briefs with the 10th Court in support of Broden’s motion to instruct Johnson to lift the gag order.

Johnson declined comment on the court’s opinion.

More at link: http://www.wacotrib.com/news/twin-peaks-biker-shooting/appeals-court-orders-gag-order-lifted-in-biker-s-twin/article_54d1351b-5d1a-5a3a-b084-e5012e2dd89f.html


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PostPosted: Thu Aug 13, 2015 6:17 pm 
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Waco Twin Peaks Update – Autopsies Released…
Posted on August 13, 2015 by sundance

Several attorneys for the arrested Waco Bikers have formed a website HERE (good to bookmark). Today, the JOP in McLennan County released the preliminary autopsy reports to include toxicology.

As you read through the reports (provided at the link) you may want to note the number of bullet wounds indicated, and bullets recovered. Then compare that number to the highlighted passage in the paragraph from the media which still holds the official response from law enforcement.

Also, note the ballistics (which will identify who shot whom) is not being released yet by the BAFTE.

WACO, TEXAS Autopsy reports on the nine bikers killed in the May 17 Twin Peaks shootout were released Thursday morning by McLennan County Justice of the Peace W.H. “Pete” Peterson’s office.

The melee also injured 20 people and resulted in the arrest of another 177, two of whom remain in the McLennan County Jail after the other 175 — all charged with engaging in organized criminal activity — received individual reductions from controversial initial $1 million bonds.

The nine died as a result of one or more bullet wounds but ballistics reports are not included with the autopsy reports.

Waco Police Chief Brent Stroman said in June that three Waco officers fired a total of 12 rounds that day.

Police have said the ballistics investigation is being headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which has possession of more than 475 weapons from the scene, including at least 151 firearms.

...more at link
http://theconservativetreehouse.com/201 ... -released/

Source link
http://www.wacotrib.com/news/twin_peaks ... c366a.html

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PostPosted: Sun Oct 04, 2015 10:24 pm 
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Of 170 held after Waco biker shooting, all are now out of jail, with none charged in killings
The Associated Press
Published: 04 October 2015 05:49 PM
Updated: 04 October 2015 06:07 PM

WACO — Only a few of the people arrested in the May biker shooting outside a Waco restaurant remain under ankle monitoring, and none are still in jail.

Of the 135 people originally ordered to wear GPS ankle monitors, all but 22 have been allowed to remove them, the Waco Tribune-Herald reported Sunday. Their lawyers have reached agreements with prosecutors to modify the conditions of their pre-trial release.

After initially locking up more than 170 people in connection with the May 17 incident outside Twin Peaks restaurant, McLennan County prosecutors have not charged anyone with the shooting deaths of nine people. At least 20 others were hurt.

Those arrested were charged with engaging in organized criminal activity.

...more at link
http://www.dallasnews.com/news/state/he ... llings.ece

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PostPosted: Thu Oct 29, 2015 12:54 pm 
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VIDEO(S)

Surveillance video shows Waco biker shooting

http://www.cnn.com/videos/us/2015/10/29 ... ra-pkg.cnn

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PostPosted: Sun Nov 01, 2015 1:29 pm 
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Last person jailed in Waco biker shooting to be released
By Emily Schmall | Associated Press | Nov 1, 2015, 9:10AM


FORT WORTH, Texas (AP) — The last person jailed in connection with a deadly shootout among bikers and police outside a Waco restaurant was poised to be released from jail Saturday, more than five months after authorities rounded up 177 people from the crime scene and initially held them on $1 million bonds on charges of engaging in organized criminal activity.

A Waco jail this weekend was processing the release of Marcus Pilkington, 38, on a $50,000 bond but his attorney says he may not be released until Monday. His bond would be a sharp contrast with the first biker to be released, Jeff Battey, 51, who posted $1 million three days after the shooting. Both men were injured in the melee.

[...]
The Associated Press on Saturday published surveillance video and photos from the Twin Peaks restaurant where the shooting occurred. CNN first aired the video Thursday. The video shows one biker pointing a gun while others crouch behind restaurant tables and crawl on the floor to escape the gunfire.

The release comes nearly six weeks after AP reviewed more than 8,800 pages of evidence related to the May 17 confrontation, including police reports, viewed dash-cam video and photos and listened to audio interviews, which together offer the best insight yet into how the shootout unfolded. Some of this evidence, also including photos of weapons recovered at the scene, is expected to be presented to a grand jury.

Investigators have offered scant details about what sparked the fight or how the gunfire played out, and no one has been charged with any of the deaths.

More at link (video, photos): http://www.ksl.com/?nid=157&sid=37168592&title=last-person-jailed-in-waco-biker-shooting-to-be-released


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