Sunday, July 05, 2015

Waco Biker Massacre: Detective Who Filed 177 Fill-in-the-Blank Affidavits Admits He Doesn't Have Evidence On All Defendants?


From the Aging Rebel:
Detective Manuel Chavez has admitted to a defense attorney that he perjured himself when he presented a fill in the name criminal complaint to Justice of the Peace Walter H. “Pete” Peterson on May 18. 
Chavez presented the complaint which began, “Before me, the undersigned authority, personally appeared the affiant herein, a peace officer under the laws of Texas, who being duly sworn, on path made the following statements and accusations: 
“My name is Manuel Chavez and I am commissioned as a peace officer with the City of Waco by The Stale of Texas. I hereby state upon my oath that I have reason to believe and do believe that heretofore, and before the making and filing of this Complaint, that on or about May 17, 2015, in McLennan County, Texas, the said” (insert name here) “dld 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.” 
No Evidence Peterson, who is a lay justice of the peace and not a lawyer, then ordered 177 people held on bonds of $1 million each. He explained the very high bail amounts by saying, “I think it is important to send a message. We had nine people killed in our community. These people just came in, and most of them were from out of town.” 
Chavez has admitted and public officials in Waco are aware, that Chavez had no evidence at all about virtually all of the defendants against whom he claimed to have probable cause. 
Chavez has also stated that he did not write the affidavit to which he swore. He has stated that it was written by “someone” in the District Attorney’s Office. 
The McLennan County District Attorney is Abelino “Abel” Reyna. The County’s Assistant District Attorneys are Michael Jarrett and Brandon Luce. 
Culpability Chavez has also admitted that Peterson told him to swear to all 177 complaints and did not individually review each complaint – presumably to save time. 
In Texas perjury may be either a Class A misdemeanor or a third degree felony. Felony perjury is punishable by a term of two to ten years in prison. 
The Aging Rebel believes that Reyna, Jarrett and Luce are all aware of the misconduct. 
Under the rules of professional responsibility that govern American attorneys, lawyers are ethically bound to report the misconduct of other attorneys and judges.
ADDENDUM:

 ... within a few hours of the Massacre, the Twin Peaks Franchisor publically cut off the Franchisee, despite there being a written contract.
It seems to this lay-person, and casual observor, the reason the Franchisor did that is largely based on the overwhelming, and almost instantaneous, negative publicity created by Swanton’s statements before local, national, and perhaps even international television that the local Franchisee was somehow, or to some extent, responsible for the Massacre.
Several days after that, multiple lawsuits were filed between the Franchisor and Franchisee. Someone likely alerted the media that the Franchisor had filed suit, and then a slew of articles appeared from Waco to New Dehli reporting that the Franchisor has sued the Franchisee.
What wasn’t revealed, or, apparently accurately reported, is that the Franchisee had actually filed a lawsuit against the Franchisor about 2 minutes before the Franchisor sued the Franchisee.
This is very strange, because apparently the Franchisor’s lawsuit has a lower case number than the Franchisee’s, even though Franchisee first lawsuit clearly has a date/time stamp that preceeds the Franchisor’s by two minutes.
Listed below are the 5 civil cases related to the Waco Massacre.
Linked below is the Dallas County (District and County Courts at Law) web portal. Case filings (the actual pleadings, in searchable .pdf format) and hearing dates can be accessed through the portal, although often the filings don’t appear until the next business day.
There had been hearings scheduled next week, and the following week, to consolidate the 4 cases between the Franchisor and Franchisee. (The fifth case is between Don Carlos and the Franchisor).
For some reason, yesterday, it appears the Franchisor filed “Emergency Motions” to expediate the consolidation of 3 of these cases.
DOES ANYONE HAVE ANY IDEA WHAT PROVOKED THIS EMERGENCY???
Anyway, if one were inclined to review these pleadings, they can do so through the link below. The 4 district court cases (those that being with “DC” can be viewed on the District Court link. The 1 County Court case (that begins with “CC”) can be viewed on the County Court at Law link.
DC-15-05787 DC WACO RESTAURANT, INC. D/B/A DON CARLOS RESTAURANT vs. PEAKTASTIC BEVERAGE, LLC D/B/A TWIN PEAKS RESTAURANT, et al
05/21/2015
44th District Court
DC-15-05928 TWIN RESTAURANT FRANCHISES, LLC vs. CHALAK TP WACO, LLC
05/27/2015
116th District Court
DC-15-05954 CHALAK TP WACO LLC vs. TWIN RESTAURANT FRANCHISE LLC
05/27/2015
68th District Court
DC-15-05955 CHALAK PEAK RESTAURANTS LLC vs. TWIN RESTAURANT FRANCHISE LLC
05/27/2015
116th District Court
CC-15-02709-B TWIN RESTAURANT FRANCHISE, LLC vs. AL BHAKTA, CHET BHAKTA, NIK BHAKTA.et al
05/29/2015
County Court at Law No. 2 

21 comments:

Pete Rowe said...

Perjury? Lol. And Aging Rebel's conspiracy theory about how case numbers are assigned? Gee whiz.

I don't know what Aging Rebel is, but I know he is not a Texas attorney. Perhaps, he should go back to explaining how over 1,000 bullets were supposedly fired at a busy strip mall situated near two busy roads in Waco and not a single non-biker was shot. The guy is off his rocker.

Pete Rowe said...
This comment has been removed by the author.
Pastorius said...

To my knowledge, he never said over 1000 bullets were fired. He has written that witnesses said hundreds of rounds were fired.

As to Detective Chavez swearing to evidence that he did not have; what would you call it, Mr. Englishman?

What are you being a smartass about?

9 people were killed. The police arrested 177 people on conspiracy (not specified.). No evidence has been provided. They have not seen a judge. They have not been informed by the police or the District Attorney about what they have, supposedly, done wrong.

Does this kind of Justice fly in the UK?

If so, fuck the UK. And fuck you for supporting it.

Pete Rowe said...

Whoa, bro. Not sure what my IP address is suggesting, but I am a Texas attorney and I grew up in Waco. I know exactly where this happened. I also know the affidavit does not state that he has direct evidence that each of the 177 pulled a trigger. He does not have to show that. The affidavit is alleging probable cause for the arrest and charge. He has probable cause as capital murder was committed by virtue of the fact that multiple murders occurred. The 177 are being charged with the same offence under the theory of vicarious liability... just my guess. A person can be charged with the offense of another under chapter 7 of the Texas Penal Code. This is all Chavez needed to make out a true and correct affidavit.

Pete Rowe said...

The affidavit is even more expansive than capital murder allowing for aggravated assault as well. Chavez committed no perjury.

Pastorius said...

Well, let me apologize to you for assuming you were a Brit, when you are not.

That's a terrible offense, especially considering you are Texan.

Pastorius said...

That you are an Attorney tells me I need to have respect for your opinion on this subject, as I am certainly not an Attorney.

And I have no reason to know the specifics of Texan law.

I will say this, if it is legal to hold 177 people on a conspiracy charge for six weeks, on a $1 million bond, when they have not even seen a Judge, well that's a crime in itself, and something needs to be done about the law, as well as the pathetic police, DA, and Justice of the Peace who CONSPIRED to do this.

They have, essentially, eliminated Habeus Corpus.

There are some things that are so patently wrong as to be immoral and therefore, whatever the law says, no one should participate.

Do you get what I'm saying?

Pastorius said...

The notion that 177 people, who have no provable connection to each othe (other than the fact that they are bikers who attended a Confederation of Clubs meeting), have "conspired" to commit murder, is patently absurd.

If there is evidence, it is morally incumbent upon the DA to present that evidence.

Pete Rowe said...

You can review the inmate list of the McLennan County Jail:

http://www.co.mclennan.tx.us/sheriff/injaillist/injail.pdf

There are fewer than 15 inmates with bonds of $1,000,000. It appears that many have seen judges and bonds are being reduced and charges are being reviewed.

It is a sensational story; and there is a lot of sloppy, inaccurate, and agenda-driven and biased reportage out there. This site cares about accuracy; and that is why I presented some additional information--not just to stir the pot.

Pastorius said...

That is true. The bail has been reduced on many.

I actually had been aware of that fact, and had forgotten it.

So what was the point of $1 million bail on 177 people? You're an Attorney. Does that seem reasonable to you?

Pastorius said...

...as authorities piece together who actually did the shooting, criticism continues to mount from some legal experts and defense attorneys who say Texas authorities have exceeded the limits of the law by holding so many suspects, and for setting bond on almost all of them at $1 million.

“You don’t throw everyone in jail and sort it all out later,” said Susan Criss, a former Texas judge who represents several of the many bikers facing felony charges of engaging in organized criminal activity.

defense lawyers say that mixed in with the purported troublemakers were motorcycle enthusiasts with no criminal records or interest in violence, who were there only to participate in a discussion about biker-related legislation.

Justin Waddington is a maintenance supervisor for the city of Killeen who isn’t affiliated with any motorcycle club, his lawyer said. Mr. Waddington said he went to the meeting with two military veterans who were part of a small Texas club, Los Caballeros. He recalled seeing two other men get into a scuffle outside the restaurant before hearing gunshots. Unarmed, he ducked behind a row of bikes before running for cover away from the melee, he said.

Mr. Waddington and his two friends were ultimately arrested, spent several weeks in jail and were eventually released after their bail was reduced to $25,000 from $1 million.

“I was freaking out. Nobody knew why we were there,’” said Mr. Waddington, 36, of his time in jail.

Pastorius said...

Kevin Fine, a former Houston criminal-court judge who now defends criminal cases, said Waco law enforcement may have made so many arrests to help build a case. “One way to get people to say who shot a particular person is to charge them and give them an impossible bond,” he said.

Sgt. Swanton said police officers arrested only those individuals whom they had probable cause to take into custody.

One defendant, Matthew Alan Clendennen, has sued the city of Waco and McLennan County, claiming in a federal case that he lost income and suffered damage to his reputation because of his wrongful arrest.

“Why is there is not some resemblance of justice here for the innocent?” Mr. Clendennen said at a news conference last month. “I was nothing more than a witness that day [and] I didn’t even really witness anything.”

On Tuesday, district judge Matt Johnson imposed a gag order in Mr. Clendennen’s case, saying pretrial publicity could influential potential jurors.

Pastorius said...

Before the order was issued, Tom Brandt, a lawyer for McLennan County, said county officials acted appropriately. “I can’t divulge the intelligence the law community had available to them, but there’s quite a bit more to this than meets the eye,” he said.


http://www.wsj.com/articles/waco-biker-shooting-has-long-legal-aftermath-1435862503

Pastorius said...

A hearing Thursday for a disabled Gatesville Army veteran who rides with the Cossacks Motorcycle Club included a strong challenge to the probable cause used to arrest 177 bikers in the wake of the May 17 Twin Peaks shootout.
Ronald Atterbury’s attorney, John H. Jackson, who also is a former state district judge from Corsicana, attacked the probable cause reported in Atterbury’s arrest warrant affidavit, which is identical to the others used to detain bikers en masse after the melee that left nine dead and 20 injured.
Officials used identical documents, labeled “cookie-cutter” by defense attorneys, changing only the names, to apply the same conduct to all those jailed.
Jackson was not successful in getting the charges dismissed, but convinced 54th State District Judge Matt Johnson to reduce Atterbury’s bond from $1 million to $40,000.
Jackson called Waco police Detective Manuel Chavez as a witness to describe how the affidavits were drafted. To obtain the arrest warrants, Chavez swore before a judge as to their content. He testified Thursday that the document was written by prosecutors in the McLennan County District Attorney’s Office on the day of the shootout.
Chavez admitted he didn’t know if Atterbury, 45, committed any of the offenses alleged in the affidavit and acknowledged that the affidavit does not accuse Atterbury specifically of any wrongdoing besides being a member of the Cossacks.
“Is membership in one of those organizations a crime?” Jackson asked. Chavez answered, “No.”
“You did not furnish any information to Judge (Pete) Peterson that my client committed any crime, did you?” Jackson asked.
Chavez said, “No, sir.”

Pastorius said...

http://www.wacotrib.com/news/twin-peaks-biker-shooting/biker-attorney-challenges-cookie-cutter-arrest-warrants/article_c92d2ab8-d574-5db7-9a60-2d15d9b56a7a.html

Pastorius said...

Under cross-examination from prosecutor Brandon Luce, Chavez said he spoke with other officers and witnesses who were present during the shootout.
“He committed the offense of engaging in organized criminal activity by associating with a criminal street gang and showing up with other members of an organized street gang where a melee ensued, involving another organized street gang. Is that right?” Luce asked.
“That is correct,” the detective replied.

---

Jackson said Atterbury’s family should be able to come up with the $4,000 — or 10 percent of the total bond — to get him released in a couple of days.
Prosecutors have filed a petition to seize and forfeit Atterbury’s 2003 Harley-Davidson motorcycle to the county.
Family members testified Atterbury has no prior criminal record
===
http://www.wacotrib.com/news/twin-peaks-biker-shooting/biker-attorney-challenges-cookie-cutter-arrest-warrants/article_c92d2ab8-d574-5db7-9a60-2d15d9b56a7a.html

Pastorius said...

PASTORIUS AGAIN - ONE OF THE REASONS I AM SO INTERESTED IN THIS STORY IS BECAUSE IT SHOWS HOW LAME THE NEWS MEDIA IS.

IT TOOK WEEKS FOR THE MEDIA (WACO TRIBUNE AND WALL ST. JOURNAL) TO FINALLY BEGIN TO ACTUALLY START ASKING QUESTIONS.

LIKE MOST PEOPLE, I ASSUMED THE BIKERS WERE COMPLETELY AT FAULT AND I IGNORED THE STORY FOR ABOUT TWO WEEKS BEFORE I STARTED TO WONDER IF ANYTHING WAS AMISS.

IT TOOK THE MEDIA EVEN LONGER.

THAT IS NOT RIGHT.

IT IS THEIR JOB TO ASK THESE QUESTIONS, AND TO HAVE BEEN FAMILIAR WITH THE APPEARANCE OF IMPROPRIETY FROM THE POLICE AND DA'S IN THE FIRST PLACE.

I AM AN ORDINARY CITIZEN. I HAVE NO REASON TO KNOW ANYTHING ABOUT POLICE OR LAWYERS OR JUDGES.

AND YET, I WAS ABLE TO SMELL SOMETHING WRONG HERE AND THE MEDIA COULD NOT?

Pete Rowe said...

Setting a high initial bail at the point right after the incident while the police sort things out makes some sense to me. Scaring the mess out of everyone is a good way to get the little birds singing and identifying who really did what.

Bail is often reduced as are charges. It is not uncommon for people to be charged initially with felonies and have those reduced to misdemeanors. The defendant may then plea to the reduced charge or even to a less serious charge than the reduction.

A lot happens in the fog of an initial investigation or arrest that is later clarified. Sometimes, the clarification or later discovered evidence benefits the defendant.

The prosecution also has financial incentive to reduce charges and process individuals quickly. If a prosecutor wanted to go to trial on capital murder for 180 people, then more power to him. But each capital murder trial is going to cost around $1,000,000. $180,000,000 will pretty much break the bank, so the prosecutor wants to get the convictions he can and focus on the more serious offenders and the strongest cases.

Those who did not bring weapons and did nothing wrong may be ok, but they will learn an expensive and time consuming lesson about hanging out with a few or several bad apples.

Pastorius said...

I hadn't seen your response.

The thing is, these $1 million bails stuck for several weeks in quite a few cases.

People's lives were seriously harmed. And many, if not most of these guys are not criminals.

Pastorius said...

Also, I had wondered where you got the idea that Aging Rebel said there had been "thousands of rounds fired."

I believe this is where you got it from (he has reported on this lawsuit, filed by Don Carlos restaurants);

Don Carlos’ attorneys, who have seen the video Broden now seeks to see, allege that their customers “were trapped inside the establishment as thousands of bullet rounds were fired by law enforcement officials and gang members. Law enforcement agents used Plaintiff’s porch and surrounding walls to protect themselves from incoming fire. At least four cars in the parking lot of Plaintiff’s place of business now have multiple bullet holes in them. Immediately following the incident, businesses surrounding Twin Peaks were closed by law enforcement agents. The Waco Police Department issued a statement indicating it considers the area located in Central Texas Marketplace on Interstate 35 a crime scene. This area includes Plaintiff’s place of business, which has been closed and unable to serve patrons since Sunday, May 17, 2015. At the time of the incident, the owners of Don Carlos Restaurant had discussed selling the business, going so far as to value the business and speak to a broker. After the shootout, that process ended.”

Pastorius said...

Here's the link:

http://www.agingrebel.com/13104