By James “Hollywood” Macecari
The biker community can gather up almost a half of million to attend the joke that is Sturgis. But we cannot organize and help out those who are going through what has to represent the most significant case of biker profiling in the history of the United States? Bikers can gather for Daytona. But we cannot organize nationally to fight the injustice going on in Waco? Here’s a little in your face fact. If this was a dude getting shot in St. Louis or Baltimore people would be all over the streets. Oh wait! That did happen in St. Louis where they rioted and burned down half the city when that cop shot ol boy. In Waco the cops went all gestapo with Ar-!5s, arrested over 177 people without proper investigation and it’s nothing but crickets in the air with the exception of the bikers in Texas.
This isn’t a case of club warfare any longer as the media tries to portray. This is an all out assault on who we are as a culture.Cops had the chance to prevent something like this from happening. By choice, they allowed it to happen and then chose to have target practice on American Civilians. Every legal scholar who has looked at this case. Say it‘s so far flawed; it will be a wonder if it will ever be sorted out. Put differently, “The, DA, and Cops screwed this whole thing up by heavy handed tactics on American Citizens.“Just like the Branch Davidian compound in 93, cops went in determined to unload on citizens.
Carrizal has a new attorney, and the judge said if he is not ready to try the case on Sept. 10, Wesley McAlister will take that trial slot. A jury panel has been summoned to report to court Aug. 24 to fill out questionnaires in the case- Source Waco Tribune
Two Cases set for trial
Jake Carrizal has his case preliminary set for Sept 10th. Mind you Jake has been the only one to go to trial in three years. His trial ended in a mistrial because one damn juror with connections to the Ugly Man Cossacks wouldn’t in any certain terms vote for acquittal. Yea, I’m still wondering how the hell the juror got on the jury in the first place.
If Jake cannot start his trial then Wes McAlister will take that trial slot. Here’s my question on Wes. I‘ve been through all the video’s I can get my hands on. No where can I see Wes in any of them. If I‘m mistaking please send me the link to the tape. It was my understanding the district attorney would only be prosecuting those with capability. Indicating those clearly in the videos. I’ve heard they might be using text messages. How the hell they can achieve that is also another head scratch. How will they prove it was the person texting from those phones? Shit, I remember when I was in the club scene a brother would throw me a phone to text someone. We did it all the time. So how will the DA prove that nonsense?
If anyone does go to trial will the defense get the release of who the informants are?
In America those accused of a crime enjoy the right to confront their accusers in a trial. Will the District Attorney who’ve been known to play games in Jake’s trial. Release the specific names of those informants in any of the upcoming trials? There were clearly informants there that day.
Confrontation Clause. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”
The defendant need only show that the informant was “in a position to perceive ‘…either the commission or the antecedents of the alleged crime.’” And the defense is not required to show that the informant’s testimony would be favorable to the defendant or even what the informant would testify to. Thus, if the informant has firsthand knowledge of the crime in which the defendant is charged, then the court may deem the informant material mandating the prosecution to turn over the informant’s identity to the defense. If the prosecutor chooses not to turn over the informant’s identity even after court order, the judge will then dismiss the case.
If Informants were at Waco Twin Peaks that day then you can bet your ass they were in a “Position to Perceive.” With that condition being met the defense has every right to question them to prove their client innocent.
WACO Could’ve been Stopped but the cops chose not to do the right thing.
Out of the whole Waco mess. One thing stands out. The cops could’ve and should’ve prevented this from ever happening. Here is how I perceive the whole situation. I’m calling it right down the middle right here. The cops had informants and information the Ugly Man Cossacks intended on showing up to that COC meeting. The cops knew the Ugly Man Cossacks were not apart of the Confederation of Clubs. Those cops were camped out in surveillance hours before the whole thing started. They should’ve set up a road block and turned away the Ugly Man Cossacks. It’s called preventative policing you ass-monkeys. You’re taught it in the academy. Nine people and several other people didn’t have to die or get hurt that day.
The hypocrisy of the American Justice System.
This event is something that should terrify American Citizens. This isn’t even about being a biker anymore or apart of some club. When citizens are huddled together in mass, arrested without proper investigation, that is called government over reach. So many premises of the American Justice system has been broken in this case and no one from the government has been held accountable yet. Ballistics from ALL of the police who discharged their weapons that day have come up missing or not done at all. Three years and only one trial to date. Right to a speedy trial my ass. Where is the justice in officials, particularly Abel Reyna, being held accountable for their intentional misdeeds on how these cases have been handled?
Right, you have to be someone like Hillary Clinton to receive any favors in getting an investigation dismissed in this country. If you’re an average hardworking blue-collar man or women you’re up shit’s creek when it comes to being treated fairly. In the mean time the government can legally put people’s lives on hold and subject them to a living hell. Good Ol American Justice system working at it’s best. Well, if you have money and power that is.
Those who are trying to benefit or make a name for themselves off the this tragedy
Last week on Monday’s “Letter to the Throttle” we had someone submit a letter to us. We published it as we would anyone who sends us something they like to share with Insane Throttles audience. I want to make a correction to that letter before going on. In the letter Amy White was mentioned. Also known as Wicked Bitch. I withdrew her name from the letter because we found her not to be any part of the situation. Amy from our understanding has worked extremely hard on behalf of the biker community and didn’t need to be referenced in that letter.
A brief understanding of what the “Letter to the Throttle” is. Just like any print media. We accommodate people who would like to convey their thoughts and opinions on a subject. When we publish those letters, they are not coming from myself or the Throttle. I think there was a misunderstanding over that. It was the first time we did it and we should’ve explained that when running it. So, when you see an article titled Letter to the Throttle, everyone should know those are from an email sent to us.
With that said the Letter caused a bit of drama. Here is the deal. When we publish those letters we do not get involved in any of that. The Throttle is not here to be the National Enquirer. What I know of the situation is someone tried to insert themselves into a situation that is intensely emotional for a lot of people. Many things said by this person are way the hell out there. Believe in me, I know , because this broad called the hotline acting a fool. I guess she didn’t realize I don’t put up with crap like that. I have no time for games. If you have a legit complaint on something, Insane Throttle does I will listen. But don’t call in being an ass-monkey. Especially when a lot of the stuff you’ve said online and to people involved in this situation is complete bullshit. You want to help out more power to you. But be real in what your intentions are. Those people involved in this situation have all the drama they can deal with. They don’t need the additional headaches from anyone else.
Insane Throttle Facebook Question of the Day- What is your thoughts on organizing a National Rally in Waco Texas?
Printed by Waco-Tribune
Frustrated by a lack of movement in the Twin Peaks cases, a judge set trial dates Friday for three bikers, while McLennan County prosecutors dismissed 13 more cases involving those indicted in the May 2015 shootout.
Judge Matt Johnson of Waco’s 54th State District Court summoned six members of the Cossacks motorcycle group or their support groups to court Friday to get updates on how their cases will be moving forward.
On Thursday, prosecutors dismissed 15 cases against bikers who had been summoned to court Friday, leaving a much smaller group at the hearing in Johnson’s court. Prosecutors also formally refused an unindicted case involving Donald Fowler on Thursday.
After the hearing, prosecutors presented Johnson with 13 new dismissals, most of them involving members of the Bandidos group or their support clubs.
Cases dismissed Friday involve Justin Garcia, Cory McAlister, Jimmy Pond, Jason Dillard, Kenneth Carlisle, Richard Donias, Gilbert Zamora, Ronald Warren, Richard Smith, Phillip Sampson, Christopher Rogers, Rolando Reyes and John Martinez.
The dismissals this week bring the number of pending cases to 98, down from 155 bikers indicted after the shootout in which nine were killed and 20 were wounded and injured.
Since District Attorney Abel Reyna was defeated in the March Republican primary, his office has dismissed 56 indicted Twin Peaks cases and refused prosecution on 33 others. Special prosecutors appointed to handle four cases in which Reyna recused his office dismissed one indicted case this week.
Reyna did not attended Friday’s hearing, nor was he at a similar hearing 19th State District Judge Ralph Strother held last week.
Johnson set Wesley McAlister’s case for Sept. 10 as a backup case to the retrial of Jacob Carrizal, the Bandidos Dallas chapter president whose trial ended in November with a hung jury and a mistrial.
Carrizal has a new attorney, and the judge said if he is not ready to try the case on Sept. 10, Wesley McAlister will take that trial slot. A jury panel has been summoned to report to court Aug. 24 to fill out questionnaires in the case.
Johnson also set trial dates for early November for Jacob Reese and Timothy Shayne Satterwhite.
Dallas attorney Clint Broden, who represents Richard Luther, asked the court to set a trial date, but said he will file a motion to recuse Reyna that would require a hearing because he thinks Reyna is a material witness in the case.
The judge agreed to set Luther’s trial date after the first of the year, when Reyna will be out of office and the potential conflict will be resolved.
During another hearing in Strother’s court Friday, Bandido Jeff Battey became agitated when prosecutors asked the judge to delay by several weeks setting a trial date for Battey.
“What are we doing?” Battey asked aloud to his attorney. “Three years and nothing.”
Strother told Battey to speak to his lawyer and not to address the court. Battey responded curtly, saying, “I am speaking to my lawyer.”
Battey and his attorney, Seth Sutton, asked Strother to amend Battey’s bond conditions to allow him to possess a firearm, travel out of state and associate with fellow Bandidos and support-club members.
Prosecutor Amanda Dillon opposed the request, telling the judge Battey’s case will not be dismissed because he and another Bandido can be seen on surveillance video standing over the body of a dead Cossack. Dillon said prosecutors believe Battey was involved in an altercation with the man.
Sutton argued that Battey, from Ponder, is a former Marine with no prior criminal record who has been in court each time he has been summoned. He assured the judge no one would be harmed if he were allowed to speak to his fellow bikers.
“If he is allowed to speak to his co-defendants, how does that put Waco in jeopardy?” Sutton asked.
The judge said Battey could travel outside of Texas but not outside the U.S., but he rejected the other two requests.
After ruling on the motion, Strother said he wanted to set a trial date. However, Reyna’s first assistant, Robert F. Moody, said the Twin Peaks trial team is in flux and asked the judge if he could delay a trial setting until a status conference in three weeks.
“This is just more delay tactics on the state’s part,” Sutton said. “It’s not our fault if the trial team is crumbling.”
“This is not really the progress that should have been made some time ago,” the judge said. “But at least something now is getting done.”
Strother said he will set a trial date for Battey in three weeks.
Sutton said after the hearing that Battey is upset because his “constitutional rights are being infringed upon.”
“The deal here is that we are now three years out on his thing,” Sutton said. “We have received no offer. As soon as we were told no to modify these bond conditions, we were told no, we can’t have a court date. Maybe we will get a court date sometime this year. So yeah, he is obviously frustrated. Imagine having your life put on hold for three years.”