The McLennan County District Attorney’s Office began releasing a few bikers arrested on May 17 at the Twin Peaks Restaurant on lower bail. Massive biker rally and protest happening on Sunday in Waco.
By H. Nelson Goodson
Hispanic News Network U.S.A.
June 2, 2015
Waco, Texas – On Monday, a few bikers were released on lower bond who were among the 177 arrested on May 17 at the Twin Peaks Restaurant parking lot after several members of the Bandidos and Cossacks M.C.s began an outdoor brawl that ended with nine bikers killed. It has not been determined whether the nine victims were killed by rival biker club members or the Waco police SWAT team.
Some of the bikers released came after allegations that the McLennan County public defenders office was circulating waivers for bikers to sign in order to be released on lower bail as long as they won’t sue the City of Waco, police and the McLennan County D.A.’s Office for their illegal arrests. The allegation was made by Attorney Paul Looney who posted on his law firm Facebook account that a liability waiver was being circulated by the public defenders office. McLennan County D.A. Abel Reyna denied the allegation, but decided to allow those bikers represented by attorneys to be bailed out on lower bonds without conditions. Many of the bikers have not been assigned a public defender or have hired an attorney, they will remain in custody, according to Reyna.
Attorney Looney’s clients both William English, 33, and Morgan English, 30, members of the Distorted M.C. were released on a reduced bond of $25K from a $1M bond. After 16 days in jail, they each had to post $2,500 to be release. Looney is representing them without cost.
Looney and other attorneys representing some of the bikers who were arrested on May 17 have requested video surveillance of the shooting incident, but the video evidence is being withheld by authorities. Allegations that the Waco police is tampering or editing the video evidence to cover up the police massacre at the Twin Peaks parking lot has been raised by the families of the deceased victims and bikers arrested.
The City of Waco, police and the McLennan County D.A.’s are facing lawsuits for illegal mass arrests without individual probable cause for each biker arrested. Authorities just filed a frivolous charge for engaging in organized crime and got McLennan County Justice of the Peace Walter H. Peterson to sign warrants and set a bail of $1M bond for each biker arrested “to send a message.” Peterson is not a judge and can only handle misdemeanor cases, if no jail time is required, can’t sign felony warrants and can only hear civil cases up to $10K in small claims. He has no legal training or education as an attorney, according to Mcatty dot com. Justice of the Peace limited Texas powers and authority statues (http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.27.htm)
Peterson setting an excessive $1M bonds for the bikers on a felony case has now jeopardize all of the arrests and legal procedures, including due process of bikers not taken into consideration by Peterson and Waco police incompetence in the mass arrests of bikers.
The frivolous charge and excessive bond violated the Constitutional rights of the bikers, the attorneys for the defendants claim. McLennan County D.A. Reyna and Waco police knew Peterson illegally signed the warrants and applied excessive bonds violating state law.
Which no doubt, the mass illegal arrests will become a costly liability for Waco and taxpayers who support their police department’s decision for the biker arrests.
On Tuesday, Attorney Clinton Broden representing Matthew Clendennen filed a complaint against Justice of the Peace Peterson with the Texas Commission on Judicial Conduct claiming that Peterson illegally signed warrants without individual probable cause hearings, was bias and set excessive bonds for bikers violating his limited authority under state statues.
One of the bikers arrested, Matthew Clendennen, 30, filed a Civil Rights Federal lawsuit on Friday in Waco claiming that Waco police “arrested him without probable cause and his motorcycle was illegally seized” and that he “did not encourage or solicit any criminal activity at Twin Peaks that day” as Waco Police Detective Manuel Chavez alleged in the criminal warrant affidavit filed against Clendennen and other bikers. Another Attorney, Adam King Blackwell Reposa representing Jimmy Lee Pond, 43, filed for all the judges involved in the Waco shooting case to be recuse for allegedly unprecedented denial of due process, having bias and placing an excessive bond for his client.
A massive peaceful biker rally and protest against the frivolous charges and excessive $1M bail is scheduled for Sunday, June 7 at 12:30 p.m. in front of the McLennan County Court House to call upon D.A. Reyna to release the bikers on lower bail.