PRESS RELEASE
WACO LAW ENFORCEMENT FINALLY BAILING OUT ON PHONY BIKER SHOOTOUT CHARGES AT TWIN PEAKS RESTAURANT
CIVIL LITIGATION EXPOSURE FOR FALSE ARRESTS AND MALICIOUS PROSECUTION NOW MEASURED IN MILLIONS OF DOLLARS IN LAWSUITS AGAINST WACO LAW ENFORCEMENT
What started in Waco with a literal blaze of glory by the law enforcement agencies in Waco following the tragic “biker shootout” at the Twin Peaks Restaurant in May of 2015 is ending in an ugly, belated and backdoor admission that their charges against the bikers were for the most part completely fabricated. Bikers from dozens of motorcycle clubs from around Texas had convened at the location for a regularly scheduled, legislative update meeting provided by the Texas Confederation of Clubs and Independents. Unfortunately, one attendee apparently came to start trouble with another attendee club, and at some point a fight broke out between the two factions. The debate continues as to what happened next, but the scene left nine men dead and several others seriously wounded. Local law enforcement on the scene immediately arrested all members of every bike club in attendance and universally charged them with murder and/or conspiracy to commit murder. Bail for virtually every attendee was then set at an astonishingly high one million dollars or more, an amount reserved for only the most heinous of crimes perpetrated by the highest of flight risks. A gag order was immediately issued by the local courts, and the real story of what happened that day and who was really involved has yet to be told. What we all do know is that law enforcement was wrong to have arrested most of the people there that day, and was wrong to charge them, excise ridiculous bail requirements, and bastardize them all in the press with self-serving, unsupported and highly politicized statements.
Twin Peaks restaurant, the site of the shooting, today
Brent Coon, managing attorney representing several of the arrested biker is adamant, “Profiling by some elements of law enforcement has reached epidemic proportions. It impacts and discriminates by age, race, religion, gender and vocation. The biking community involves millions of Americans and the comradery of clubs is an ingrained part of our culture. When ignorant, xenophobic, or politically ambitious individuals in authority discriminate against bikers they show they do not respect the constitution, our civil liberties nor due process of law.
“It’s infuriating they’ve been allowed to perpetrate such a manipulative and heinous injustice”, said Bonar Crump, president of the Grim Guardian, a motorcycle club dedicated to helping children and one of the clubs with all attending members arrested.
SO WHAT DID WACO LAW ENFORCEMENT LIE ABOUT AND WHAT HAS HAPPENED THE LAST THREE YEARS?
Law enforcement initially lied about numerous facts. First, they told the public and the press that they were called out to Twin Peaks based on shots being fired. What law enforcement never publicly admitted to was that they were ALREADY on the scene at the time shooting broke out, that they had assault teams prepared and staked out, and that the majority of the damages caused that day, including the fatalities, are now tied to police weapons.
WHY WAS THIS NOT INITIALLY REPORTED?
Law enforcement controlled the dialog and had a local judge with political connections to them to issue a gag order on the defendants. In fact, the Judge in question was the District Attorney’s former law partner.
WHY DID EVERY BIKER IN ATTENDANCE GET ARRESTED?
In contradiction of both precedent and decorum, local law enforcement and the judiciary have in fact, “publicly” commented that they were going to make “an example of them”. It had ZERO to do with any evidence that was obtained at the time of the arrests. No evidence was ever established that the vast majority of those at the scene participated in any violence. In fact, camera footage finally released showed the vast majority of attendees running for cover during the shooting.
WHAT HAS HAPPENED IN THE THREE YEARS SINCE THE ARRESTS?
Almost nothing. The Waco District Attorney, Alberto Reina, finally brought the first case to trial two months ago. During that trial, it was discovered that the Waco D.A’s office had been illegally concealing a great deal of exculpatory evidence. The biker charged in that case, Jake Carrizal, had been cherry picked by the D.A. as one of their most winnable cases. Yet, after several weeks of trial, the jury failed to convict on any charge brought, with most of a hung jury voting to acquit.
IS THE D.A.s OFFICE CORRUPT?
It was recently revealed that Federal Authorities have been investigating the D.A.s office, and in particular the D.A. himself for accusations of accepting payoffs and other misconduct. After three years and a single failed trial, it is clear that the Waco Law Enforcement agencies violated the due process rights of most, if not all, of those arrested in the Twin Peaks incident.
Jim Harris, MA CTTS and Grim Guardian, lamented, “The final nail in the coffin was the disposition from the D.A.s office which basically said, ‘...You’re guilty, but not worth our time anymore’”
David “Double D” Devereaux of the National Council of Clubs, an umbrella organization, believes the announced dismissals confirm the majority of those arrested at Twin Peaks were completely innocent.
WHAT REAL EVIDENCE DID WACO LAW ENFORCEMENT HAVE IN THE PROBABLE CAUSE AFFIDAVITS TO SUPPORT THE CHARGES BROUGHT AGAINST ALMOST 200 BIKERS?
For most of those arrested, absolutely nothing. The affidavits were all “cookie cutters”. In other words, every one contained the same identical boilerplate language. There was no identifiable or specific action identified in the affidavits. In other words, they were all fabricated and perjurious statements. The officer accusing each of conspiracy to commit murder had NO knowledge or evidence from anyone at the time he stamped them all with his name.
SO WHY DID AN OFFICER SIGN THEM?
He was told to by his boss.
ISN'T THAT ILLEGAL?
Yes it is.
HAS ANYTHING BEEN DONE ABOUT IT?
Yes, they have been sued by many of the falsely arrested bikers.
WHAT HAPPENED IN THOSE LAWSUITS?
Nothing yet. The District Attorney asked those Courts to “stay” those proceedings on the grounds it could compromise their efforts to prosecute the criminal cases.
SO WHAT HAPPENED TO THE BIKERS CHARGED WITH FALSE AFFIDAVITS?
Most of them were subsequently left tied up in jail overnight with their hands secured behind their backs, little or no food, and crammed into holding cells. They were then arraigned and given million-dollar bonds. Many of those falsely arrested were stuck in jail for months trying to raise the bond money. Many were fired from their jobs as a result of their inability to get back to work, and as a result of the false charges of conspiracy to commit murder. Most that got out were required to forfeit their motorcycles, be secured to house arrest with ankle bracelets and had other restrictions placed on their activities. All of these people have had their lives permanently damaged.
“We bit our tongues and endured, whatever slanderous bits of hatred the D.A.’s office could conjure….but now it’s our turn,” declared Bonar Crump.
Mr. Coon adds, “Waco has a long history of discrimination and favoritism. Hopefully this tragic episode will finally shine a light not only on the egregious conduct of law enforcement and the judicial process in an outlier community but in attitudes that have pervasively encroached on the rights of all bikers nationwide.”
IF THERE IS NO EVIDENCE AGAINST MANY OF THE BIKERS, WHY HAVEN'T THE CHARGES BEEN DROPPED?
After almost three years, the first rounds of dismissals are finally occurring. The citizens of Waco now realize that this boondoggle is costing the taxpayers millions of dollars to prosecute, and has left those involved and the City exposed to millions of dollars in civil lawsuit damages for false arrest, slander, violations of due process and malicious prosecution. Two Courts began issuing dismissals this week. Thirteen alone on February 8, with more likely to come soon. However, much of the damage has been done. Likewise, even in dismissal, local law enforcement is masking that reality by stating that they were “still guilty” but were being dismissed to allow prosecutors to focus on other cases.
“That is the most ridiculous reason ever given for agreeing to a dismissal,” said Brent Coon.
WHAT HAPPENED TO THE FOUR BIKERS FROM AUSTIN WHO WERE ARRESTED TWICE?
With zero evidence against them, and almost three years after being accused of engaging in organized criminal activity, four Austin area men have finally seen those charges dropped. This outrageous abuse of our criminal justice system by law enforcement and the Waco District Attorney’s office has carried on since May, 2015, when law enforcement positioned themselves outside of the Twin Peaks in Waco, Texas to ambush several motorcycle clubs who were attending a legislative update meeting for the Texas Council of Clubs & Independents.
The representatives for the motorcycle club, Grim Guardian, that day were the club’s President, Bonar Crump, along with Carlos Garcia, Jim Harris, and Drew King. They had traveled from Austin to Waco to attend the legislative update meeting concerning law enforcement profiling of motorcyclists. Grim Guardian is a motorcycle club of 12 individuals who help Austin area foster children and participate in various charity rides. They are professionals and working men who like to help their community and enjoy each other’s company.
“It’s infuriating they’ve been allowed to perpetrate such a manipulative and heinous injustice”, said Bonar Crump, president of the Grim Guardian, a motorcycle club dedicated to helping children and one of the clubs with all attending members arrested.
SO WHAT DID WACO LAW ENFORCEMENT LIE ABOUT AND WHAT HAS HAPPENED THE LAST THREE YEARS?
Law enforcement initially lied about numerous facts. First, they told the public and the press that they were called out to Twin Peaks based on shots being fired. What law enforcement never publicly admitted to was that they were ALREADY on the scene at the time shooting broke out, that they had assault teams prepared and staked out, and that the majority of the damages caused that day, including the fatalities, are now tied to police weapons.
WHY WAS THIS NOT INITIALLY REPORTED?
Law enforcement controlled the dialog and had a local judge with political connections to them to issue a gag order on the defendants. In fact, the Judge in question was the District Attorney’s former law partner.
WHY DID EVERY BIKER IN ATTENDANCE GET ARRESTED?
In contradiction of both precedent and decorum, local law enforcement and the judiciary have in fact, “publicly” commented that they were going to make “an example of them”. It had ZERO to do with any evidence that was obtained at the time of the arrests. No evidence was ever established that the vast majority of those at the scene participated in any violence. In fact, camera footage finally released showed the vast majority of attendees running for cover during the shooting.
WHAT HAS HAPPENED IN THE THREE YEARS SINCE THE ARRESTS?
Almost nothing. The Waco District Attorney, Alberto Reina, finally brought the first case to trial two months ago. During that trial, it was discovered that the Waco D.A’s office had been illegally concealing a great deal of exculpatory evidence. The biker charged in that case, Jake Carrizal, had been cherry picked by the D.A. as one of their most winnable cases. Yet, after several weeks of trial, the jury failed to convict on any charge brought, with most of a hung jury voting to acquit.
IS THE D.A.s OFFICE CORRUPT?
It was recently revealed that Federal Authorities have been investigating the D.A.s office, and in particular the D.A. himself for accusations of accepting payoffs and other misconduct. After three years and a single failed trial, it is clear that the Waco Law Enforcement agencies violated the due process rights of most, if not all, of those arrested in the Twin Peaks incident.
Jim Harris, MA CTTS and Grim Guardian, lamented, “The final nail in the coffin was the disposition from the D.A.s office which basically said, ‘...You’re guilty, but not worth our time anymore’”
David “Double D” Devereaux of the National Council of Clubs, an umbrella organization, believes the announced dismissals confirm the majority of those arrested at Twin Peaks were completely innocent.
WHAT REAL EVIDENCE DID WACO LAW ENFORCEMENT HAVE IN THE PROBABLE CAUSE AFFIDAVITS TO SUPPORT THE CHARGES BROUGHT AGAINST ALMOST 200 BIKERS?
For most of those arrested, absolutely nothing. The affidavits were all “cookie cutters”. In other words, every one contained the same identical boilerplate language. There was no identifiable or specific action identified in the affidavits. In other words, they were all fabricated and perjurious statements. The officer accusing each of conspiracy to commit murder had NO knowledge or evidence from anyone at the time he stamped them all with his name.
SO WHY DID AN OFFICER SIGN THEM?
He was told to by his boss.
ISN'T THAT ILLEGAL?
Yes it is.
HAS ANYTHING BEEN DONE ABOUT IT?
Yes, they have been sued by many of the falsely arrested bikers.
WHAT HAPPENED IN THOSE LAWSUITS?
Nothing yet. The District Attorney asked those Courts to “stay” those proceedings on the grounds it could compromise their efforts to prosecute the criminal cases.
SO WHAT HAPPENED TO THE BIKERS CHARGED WITH FALSE AFFIDAVITS?
Most of them were subsequently left tied up in jail overnight with their hands secured behind their backs, little or no food, and crammed into holding cells. They were then arraigned and given million-dollar bonds. Many of those falsely arrested were stuck in jail for months trying to raise the bond money. Many were fired from their jobs as a result of their inability to get back to work, and as a result of the false charges of conspiracy to commit murder. Most that got out were required to forfeit their motorcycles, be secured to house arrest with ankle bracelets and had other restrictions placed on their activities. All of these people have had their lives permanently damaged.
“We bit our tongues and endured, whatever slanderous bits of hatred the D.A.’s office could conjure….but now it’s our turn,” declared Bonar Crump.
Mr. Coon adds, “Waco has a long history of discrimination and favoritism. Hopefully this tragic episode will finally shine a light not only on the egregious conduct of law enforcement and the judicial process in an outlier community but in attitudes that have pervasively encroached on the rights of all bikers nationwide.”
IF THERE IS NO EVIDENCE AGAINST MANY OF THE BIKERS, WHY HAVEN'T THE CHARGES BEEN DROPPED?
After almost three years, the first rounds of dismissals are finally occurring. The citizens of Waco now realize that this boondoggle is costing the taxpayers millions of dollars to prosecute, and has left those involved and the City exposed to millions of dollars in civil lawsuit damages for false arrest, slander, violations of due process and malicious prosecution. Two Courts began issuing dismissals this week. Thirteen alone on February 8, with more likely to come soon. However, much of the damage has been done. Likewise, even in dismissal, local law enforcement is masking that reality by stating that they were “still guilty” but were being dismissed to allow prosecutors to focus on other cases.
“That is the most ridiculous reason ever given for agreeing to a dismissal,” said Brent Coon.
WHAT HAPPENED TO THE FOUR BIKERS FROM AUSTIN WHO WERE ARRESTED TWICE?
With zero evidence against them, and almost three years after being accused of engaging in organized criminal activity, four Austin area men have finally seen those charges dropped. This outrageous abuse of our criminal justice system by law enforcement and the Waco District Attorney’s office has carried on since May, 2015, when law enforcement positioned themselves outside of the Twin Peaks in Waco, Texas to ambush several motorcycle clubs who were attending a legislative update meeting for the Texas Council of Clubs & Independents.
The representatives for the motorcycle club, Grim Guardian, that day were the club’s President, Bonar Crump, along with Carlos Garcia, Jim Harris, and Drew King. They had traveled from Austin to Waco to attend the legislative update meeting concerning law enforcement profiling of motorcyclists. Grim Guardian is a motorcycle club of 12 individuals who help Austin area foster children and participate in various charity rides. They are professionals and working men who like to help their community and enjoy each other’s company.
BCA Client Bonar Crump, President of Grim Guardian
Law enforcement claims that their undercover officers infiltrated a motorcycle club called the Cossacks who were going to start trouble with The Bandidos Motorcycle Club, who were also attending the legislative meeting. Instead of providing a show of force at Twin Peaks to diffuse any hostilities and protect innocent citizens and restaurant employees, they opted to set up cameras and deploy numerous SWAT teams and other officers with sound suppressed rifles in un-marked vehicles surrounding the area. When fighting broke out, instead of seeking to protect, they opened fire on the large number of people in and around the restaurant. Nine citizens were killed in the melee, and over 20 others were injured. No police officer sustained any kind of injury.
The four individuals attending for the Grim Guardian Club had just arrived at Twin Peaks and were still sitting in traffic, waiting to park, when the shots were fired. They got off their bikes and took cover behind some parked cars with another police officer. Bonar Crump got separated from the other three and remained on the ground at Twin Peaks until law enforcement picked him up and hauled him in for questioning with the rest of the motorcycle riders present that day. Carlos Garcia, Jim Harris, and Drew King worked their way out of the Twin Peaks parking lot going from car-to-car while dodging bullets. They eventually made it far enough away from Twin Peaks that they ended up outside the police tape of the scene. There they waited for several hours for Bonar to be released and a ride to come from Austin to take them back home since the officers refused to release their motorcycles.
BCA Client Jim Harris (right) with "Patch" Adams
Ironically, these three were the first ones put under arrest though they were the last ones taken from the scene. They were given bonds of twenty thousand to fifty thousand after being told the small chains attached to their wallets to keep them from falling out while riding were going to be considered dangerous weapons. They bonded out of jail and returned to Austin. Bonar was arrested with all of the rest of the motorcyclists and each of those given $1 million dollar bonds.
After returning to Austin, Waco law enforcement officer Patrick Swanton falsely claimed that these men had originally left the scene and returned with more weapons. This was a patent and obvious lie, as were many of the other statements Swanton fed to the press. In spite of the fact that there was ZERO evidence from ANY witness that such was the case, the Court bought into the lie and raised their bonds to $2 million dollars each. Arrest warrants ensued and Waco law enforcement further fanned the flames by posting the information publicly in Austin, where the men turned themselves back in.
Since that fateful day these four men have had serious criminal charges pending against them. Crimes that could result with a sentence of life in jail. Their exemplary reputations were trashed online, where mug shots were also posted. Not a single member of the Grim Guardian was ever indicted. Law enforcement could not find a single thread of evidence of any wrongdoing on their part. Their statements vindicated them. The police officer hiding with them vindicated them. The video cameras all over the incident vindicated them. And yet Waco Law enforcement, with absolutely no evidence against any of these men, left them with these charges pending for almost three years of their lives. They have had their lives turned upside down. They had armed officers appearing at their places of employment searching for these supposedly “armed and dangerous” bikers. These men had already left work to voluntarily turn themselves in again after having already legally bonded out of jail and not having violated of the terms of their original bonds.
Rather than a profuse apology for destroying these men’s lives with admittedly perjured affidavits of law enforcement officers and blatantly false allegations of wrongdoing, including conspiracy to commit murder, the District Attorney again lies, even in their explanations, for dropping charges on many of the bikers now, by stating the following:
“While probable cause for the defendant’s arrest and prosecution remains, based on continued investigation, the state is exercising its prosecutorial discretion in dismissing this matter in order to focus its efforts and resources on co-defendants with a higher level of culpability.”
The State’s “probable cause” amounts to only cookie cutter arrest affidavits that contain no information as to what any of those arrested did that constituted probable cause, much less our four Austin residents. The delay in clearing these men in their criminal case has exacerbated their damages and still retains the smear that they are still guilty of something, though they have yet to say what that something really is. The irony is the profiling issue that was to be the topic of the legislative update came too late to protect these four from being profiled by law enforcement and arrested for being a motorcyclist attending a meeting with other motorcyclists.
Justice delayed is justice denied. The conduct of law enforcement and the DA’s office in Waco has been an outrageous abuse of due process and we look forward to the day when we will finally be allowed to tell our side of the story in a court of law and hold those involved in this injustice accountable for civil damages.
Bonar Crump expresses, “Sure, we will celebrate at some point, but we must convince ourselves something is worth celebrating first.”
Brent Coon concludes, “We will not rest until our civil cases have been allowed to proceed and we uncover the rest of what happened behind closed doors in Waco resulting in the unnecessary loss of life at Twin Peaks and the wrongful efforts to prosecute essentially everyone that just happened to be there.”
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