Update Waco “Twin Peaks” Shooting – Waco Authority Demanding Liability Waivers Prior To Bond Reductions…

Several places are now reporting a very disconcerting claim about the justice system in Waco Texas requesting detainees sign waivers promising not to sue the city for unlawful arrest, detention, and civil rights violations.

update-1UPDATE 6/2/15 2:00pm:  The Liability Waiver Story appears completely falseREAD HERE 

waco 24 mugshots

One law firm has posted the following on their Facebook page outlining the demand:

BREAKING NEWS IN WACO: Read our Media Release being distributed at this time:

BOND REDUCTIONS OFFERED ONLY IN EXCHANGE FOR WAIVING POTENTIAL LAWSUITS IN WACO SHOOTOUT

Waco, Texas – Earlier today, detainees in the Jack Harwell Detention Center in Waco were told that in exchange for bond reductions, they must sign a document stating the Waco police “had the right to arrest the inmate and that he/she will not file a lawsuit against McLennan County and/or the City of Waco.”

On the two-week anniversary of the “shootout at high noon” at the Twin Peaks restaurant between motorcyclists and law enforcement officers, at least 170 people remain detained on $1 million bonds.

This latest information was reported to an attorney representing at least one of the detainees. “It appears the public defenders office in McLennan County is involved in this scurrilous activity,” said Paul Looney, a Houston attorney with Looney & Conrad, P.C. “I’ve never seen anything like the lawlessness that the authorities have perpetrated on these people and now to add insult to injury they are trying to cover their own tracks in exchange for bond. I will be in the reception area of the McLennan County D.A.’s office tomorrow morning at 8:30 with the intention of not leaving until we have the issue of bond resolved.”

“They know these people aren’t dangerous or they wouldn’t be offering the bond reductions and they know the police and the D.A.’s office have violated the law and now they are trying to hold people hostage until they agree to waive their rights. It’s unconscionable,” said Clay S. Conrad, Looney’s law partner. (link)

If this is true, this is a very alarming demand by local authorities.  The requirement to sign a liability release waiver prior to a bond hearing is quite possibly unlawful by itself.

It would appear, at least on the surface, to be completely unenforceable.  I doubt you could find a more succinct example of “signing under duress”, which essentially negates any validity to the waiver itself.

Secondly, the implication of requiring the waiver prior to release, is itself a tacit admission of wrongdoing on behalf of the arresting authority.  It just makes no sense.

If the detainee represents such a significant threat of non-reappearance, and -in a larger sense- toward the general public; and the detainees’ violation of law so serious as to set their bond at $1,000,000 – how can the simple process of signing a waiver mitigate the underlying premise of their risk/danger?

The construct of such an argument is so far beyond absurd the light from where absurd originates would not meet the claimed reasoning, ever.

[…]  “They know these people aren’t dangerous or they wouldn’t be offering the bond reductions and they know the police and the D.A.’s office have violated the law and now they are trying to hold people hostage until they agree to waive their rights. It’s unconscionable,” said Clay S. Conrad, Looney’s law partner. (link)

Which brings our discussion back to the central aspects of the incident.

From what can be determined over the past two weeks of research, here’s the Occam’s Razor applied to the known variables:

waco 28 supressor

The police were positioned prior to the event.  Something happened which spurred LEO engagement with one or more of the participants.  Four police officers opened fire with multiple, perhaps hundreds, of rounds.  The police shooting expanded beyond the persons who were the intended targets (immediate risk)

Nine people were killed, and 18 additionally wounded as a factor of their proximity to when the four police officers opened fire.

We know four deceased people were located in front of the Twin Peaks restaurant.  One deceased person was located behind Don Carlos restaurant.  One deceased person died in the hospital.  That leaves three bodies most likely located on the patio.

waco 11 - 1

The patio was the backdrop for any incoming police fire which missed it’s intended target(s).   Anyone who was standing on the patio area was in a position to be a bullet victim. This, in my opinion, is the substantive issue which explains the entire police response.

Four out of 22 armed LEO either broke fire discipline (ignored the downrange risk), and/or made the decision to disregard the downrange risk because they perceived the initial threat as profound.  And, as a consequence, they fired numerous rounds into a crowd of people who were not part of the initial threat…. FUBAR

The aftermath, the roundup, the obfuscations, the police misstatements, the avoidance of sunlight, the way the police framed the entire incident etc. are all a consequence of the police killing between 3 and 5 people who were not part of the initial origin; and wounding 18 more.

This seems like the most likely scenario considering the shooting scene as it appears, and the police responses as they have taken place in the aftermath.

♦ Waco Research Thread 1 – The initial Shooting As Reported
♦ Waco Research Thread 2 – LEO Affidavits Inconsistent With Spokesperson Claims
♦ Waco Research Thread 3 – The Waco Police Narrative Continues To Evolve
♦ Waco Research Thread 4 – CCTV Video Refutes Original 3 Days of Police Claims
♦ Waco Research Thread 5 – Listen to the Waco PD Radio Traffic
♦ Waco Research Thread 6 – 14 Officers Were Shooting – Report: “Thousands of rounds”
♦ Waco Research Thread 7 – Washington Post eye-witness account
♦ Waco Research Thread 8 – The Fill-in-the-blank Probable Cause Affidavit
♦ Waco Research Thread 9 – The Crossfire – Understanding the proximity of fire.
♦ Waco Research Thread 10 – Report: Only Four Officers Opened Fire in Hail of Bullets.
♦ Waco Research Thread 11 – First Lawsuit Filed

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This entry was posted in 4th Amendment, 6th Amendment, Abusive Cops, Agitprop, Conspiracy ?, Dept Of Justice, media bias, Police action, Professional Idiots, propaganda, Uncategorized, Waco - Twin Peaks. Bookmark the permalink.

244 Responses to Update Waco “Twin Peaks” Shooting – Waco Authority Demanding Liability Waivers Prior To Bond Reductions…

  1. lovely says:

    It simply isn’t true folks.

    Bikers’ attorneys battle over fake litigation waiver rumors

    http://www.wacotrib.com/news/twin-peaks-biker-shooting/bikers-attorneys-battle-over-fake-litigation-waiver-rumors/article_e7712d41-80e8-5001-9bde-9e1e1a7f996d.html

    But State District Judges Matt Johnson and Ralph Strother, who have approved bond reductions recently for at least 25 of the bikers, say Looney’s assertion is not true

    Also, attorneys who have negotiated bond reductions with the district attorney’s office said there was no such provision in the agreements they reached to secure their clients’ releases

    Please just think it through, even Sundance in his post said “It makes no sense.” of course it makes no sense, it is an unenforceable unconstitutional waiver normally the ludicrous of such an assertion would be dismissed as attorney shenanigans.

    Of what value would it be for such a waiver to be signed? None. A waiver as ludicrous and unconstitutional this is just too absurd to be true.

    Like

    • BobNoxious says:

      I just mentioned this on the other page, but should give one pause to call into question anything that comes out about this case from either of these law firms in the future. An experienced attorney should know better than to join in on spreading jailhouse rumors- it seems Looney was more concerned about getting his name out there than he was w/ checking the facts.

      Liked by 1 person

      • art tart says:

        If I were one of the jailed bikers, I’d have my family pursue if we had the monetary means Susan Criss, the former state district judge from Galveston who represents three of the jailed bikers that your article mentioned on the previous page.

        Good Attorney’s call out other Attorney’s w/an agenda as Criss did in your previous link on the other page.

        (Bob, FYI, if you ever want to bold a comment such as your “important update” on this subject on the previous page, you just use 2 astericks directly in front of the word, then 2 astericks directly after the word or an entire phrase such as “important update”.)

        Like

      • Rojas says:

        Why stop at these two firms? Seems to me the DAs office has the real credibility problem.

        Like

    • art tart says:

      lovely ~ as Sundance says, “The truth has no agenda.” Treepers want the facts where ever the facts lead, the lies get sorted out.

      Remember this:

      Waco police Sgt. W. Patrick Swanton said Wednesday the estimate now stands at about 500. Earlier Wednesday he had said 1,000 weapons were found. On Tuesday, he said the expectation was that about 100 weapons would be found following Sunday’s violence.

      http://www.washingtonpost.com/national/the-latest-on-waco-shooting-3-suspects-released-briefly/2015/05/19/26910898-fe86-11e4-8c77-bf274685e1df_story.html

      Swanton’s inaccurate accounting of the gun count on at least 3 media interviews has cast a shadow, imo, over this investigation w/his statements. When looking back on the “1000 guns” Swanton reported, it was also too ludicrous/absurd to be true.

      This most recent lie has been vetted by more accurate information which is a good thing.

      Like

      • BobNoxious says:

        I’m not sure a spokesman’s statements cast a shadow over the investigation- if that was the case then you’d also have to conclude that there was a shadow over the Ferguson investigation due to the countless conflicting statements made by Chief Tom Jackson.

        Liked by 1 person

        • art tart says:

          BobNoxious ~ I understand your point about Chief T. Jackson, but, I believed the first reporting of 1000 guns in National News reports. Because Swanton was only a “spokesperson,” he was reading information that he was given by his Superiors which should have been an accurate accounting on the massive arrest, or, he should have stayed out of the media imo. It appeared Swanton/Superiors were trying to rachett up their “outlaw bikers” information w/outlandish reporting of 1000 guns to show what a good job LE/SWAT did. Walking back inaccuracies didn’t promote confidence imo w/anything else Swanton says, I’ll wait for his information to be vetted in the future.. Or maybe that’s why the DASwanton have shut up.

          I too didn’t like the DA’s inept comment imo, “they aren’t acting like they are innocent.” (paraphrased.) It’s the DA’s job to prove his case in which he projected frustration that he wasn’t getting cooperation, WHY would he get cooperation from bikers? Because the DA possibly thought they were criminals/scumbags, that didn’t make the bikers guilty & the bikers knew enough to keep their mouths shut. Did the DA think there would be a massive arrest in which he could flip the bikers on each other? imo, that didn’t happen, hence, the Bikers wanted representation which they were entitled to.

          The difference in the cases w/T Jackson too, is in Feruson, there was an honest DA that would present all the evidence to the Grand Jury for their decision. In this case, we have a whining DA that was frustrated w/his cases imo which will be harder to prove than he initially thought. (all just my opinion)

          Like

        • pspsst says:

          Bob, I’m sorry but that is a flaw in logic pointing out what happened elsewhere Cop A applying to Cop B. All cops are created equal. SD in each and every shooting has not taken sides, in fact, he presents to us the “starting dialog” of data given in each circumstance. Crowd sourcing gets here, and soon we start to see details and when it doesn’t make sense, we question it. Swanson’s press conference had question marks everywhere which made no sense. He conflicted with himself. Cop A in Ferguson did not do that.

          Like

      • lovely says:

        I agree that Sundance and the Treepers are looking for the truth, I agree that the Truth has no agenda. I think it is impossible sometimes to know what our subconscious is doing. I see a lot of confirmation bias going on, that is my personal opinion.

        Swanton made errors, heat of the moment rush to give a pressor errors or calculated errors? We just don’t have enough information to know.

        Sundance himself makes errors, I am not in any way trying to dismiss his great work or fantastic mind o no one needs to come to his defense, one example is a picture he posted here with an arrow pointing down to Donta Allen, declaring “This is not Donta Allen”. Does that take way from all the truth Sundance reveals and all his good works, no.

        I make my fair share of mistakes but thankfully they are generally not on a public forum where folks can see them. So again my point is not to show any misgivings about Sundance but to say perhaps just perchance Swanton was in over his head and made some mistakes in his pressers.

        This waivers for freedom story was ludicrous from the get go. If Crump came out and said it I would bet a dollar to a donut that most here would have scoffed.

        I take no pleasure in appearing to be on the opposite side of the coin as so many here, I respect this place, Sundance and the incredible research done. Research that I believe has had an effect on cases and politicians.

        And to be clear I am not saying LE had carte blanche to open fire on innocent bikers enjoying beer, brotherhood and broads, but I do not think that is what the evidence points to as have happened.

        The mass arrests, charges and long incarcerations are another bag of beans. I’ve addressed it some in other posts and so I will stop now with my long winded post ;).

        BTW I am not reading or hearing anything good about the DA leading this case.

        Like

        • art tart says:

          lovely ~ although I respect your opinion/enjoy your contributions, your comparison of Swanton making mistakes in National Media numerous times to Sundance is ludicrous imo. If Sundance hasn’t given inaccurate information to National Media, if Sundance makes an error OR more importantly, more accurate information is vetted by Sundance/treepers, he changes the original information to reflect the most accurate information on his blog or treepers discuss the most current information. I think Sundance likely has a real job besides sharing headline stories w/us to comment on, IDK. Swanton had a job as a spokesperson, that was his job to do w/National Media. (he likely has many more responsibilities.)

          I agree Swanton was in over his head/should have kept his mouth shut. He did a tremdendous disservice to LE/Superiors by his National Media interviews, then wallking it back/then walking it back again/again. But Swanton was given information by his Superiors who could have waited for accurate information & then handed Swanton the script which would have lent more credibility to Swanton/investigators. That’s why some LE spokespersons schedule an interview w/National Media the next day so accurate information has been checked, re-checked.

          I enjoy reading all the comments/opinions regardless of what side of the coin anyone falls, everyone contributes something, many times from professional experience or life experience.

          I am distrustful of Swanton/DA, now that both have shut up I wonder when we will get more information? I wish Attorney Criss, the retired Judge/Criminal Defense Attorney would go on National News to discuss the overall case, not the cases of the 3 bikers she is representing.

          Like

          • lovely says:

            Hi Art, my point was not to correlate Swanton’s errors and Sundance’s error. It was a larger point in that we all make errors, did you not read the rest of my post? And to your point, LE is correcting misstatements also.

            We don’t know what information Swanton was given or why he gave such early pressers. The 1000’s of weapons was off from the moment the words left his mouth, I am willing to give him some slack for trying to give information about a chaotic situation where 9 men were just murdered, 18 injured to the extent of needing hospitalization, and there the fear of angry bikers still rolling in on the scene.

            I join you in your distrust of the DA.

            Like

            • art tart says:

              lovely ~ Sorry, I thought you were making an analogy between Sundance & Swanton. I agree we all make errors BUT most are extrememly careful when giving National Media News interviews when there are 9 dead & 18 injured. You are giving Swanton slack 3 times, I am not that generous of Swanton & his superiors. I’m sure they wish they had just shut up, but the damage was done. Hopefully they won’t do it again.

              There was NO rush for Swanton to get in front of the Media which was my point, it was poor management that told him to do so, Swanton was doing as he was told let’s hope it doesn’t happen in the future & only accurate information is released.

              I’m w/ya too w/the DA, maybe he will be replaced.

              Liked by 1 person

        • pspsst says:

          The “confirmation bias” is not uniquely one way.

          Like

        • pspsst says:

          We were for the LEs, until we weren’t. We look for where the “preponderance” of evidence lies and we don’t depend on one source especially from the horse’s mouth because as we know, lies and press releases written verbatim by main stream media from state officials and authorities is the game. It’s a difficult habit to break.

          Like

  2. John Galt says:

    Like

    • art tart says:

      John Galt ~ An excellent article by an Uber Criminal Defense Attorney/former Judge. The 3 bikers usuing her as their attorney are in good hands.

      Like

    • Josh says:

      “Sgt. Swanton of the Waco Police stated at a televised press conference that the decision made by law enforcement as to who to arrest and who to release were based on who looked guilty and who did not. Many of those arrested were not members of the Bandidos or Cossacks, any criminal gangs or motorcycle clubs. Many were veterans who fought abroad for our liberties. Many wore no symbols of the Bandidos or Cossacks. But they “looked guilty” to the police.”

      “Many lawyers will celebrate the 800th anniversary of the Magna Carta by filing Writs of Habeas Corpus to release those who were unjustly locked up without probable cause or due process of law in Waco.”

      Like

  3. Pingback: Update Waco “Twin Peaks” Shooting – Waco Authority Demanding Liability Waivers Prior To Bond Reductions… | The Last Refuge - The American Bulletin

  4. John Galt says:

    The DA has a fan site: http://abelreyna.com/

    Like

  5. Josh says:

    I woke up this morning with the case in my thoughts. I’m not saying anybody is guilty or not-guilty. I’m just asking questions hoping for answers.

    How many videos are there? From where did they originate?

    Why has the Associated Press been shown the video?

    Who was asked to cancel the meeting? Who did the asking? Was the request in writing? On what grounds was the request made? To think that a melee would break out at a meeting such as the one scheduled in, IMO, ludicrous.

    Like many others, I’m waiting to see the results of ballistics test and autopsies.

    I’m waiting to see the video(s).

    I’m waiting to hear (especially eye witness) testimony.

    I believe that the ballistics department is working overtime hoping for a “hit” on, at least, one of the weapons.

    Someone posted that this may have simply been a way to acquire assets. It’s a good a guess as any.

    Like

  6. Josh says:

    “The documents states that three days prior to the incident, the Waco franchisee agreed in a telephone call with the Twin Peaks franchisor to verify and enforce certain priorities of the Twin Peaks national office, including ‘implementing proper security measures to ensure the safety of the Waco restaurant’s guests and team members during the event.’”

    “The lawsuit also claims that the Waco location’s management asked or directed Waco law enforcement to leave the premises immediately prior to the event.”

    Twin Peaks Files $100,000 Lawsuit Against Waco Location
    http://www.kcentv.com/story/29186968/twin-peaks-files-100000-lawsuit-against-waco-location#at_pco=smlre-1.0&at_si=556dd3796079e7d3&at_ab=per-2&at_pos=3&at_tot=4

    Like

    • pspsst says:

      He massacred the Cossacks (“non-hispanics”) and one token Jesus.

      It’s all innuendo……..but then again that’s what I was told when I warned my family about Barack being a muslim and communist. 4 dead in Benghazi, 27 Navy Seals dead not soon after, Fast and Furious, IRS-Gate, ISIS takeover of the middle east and Iraq, Egypt relieved of it’s ally leader and Sharia under MB put in strict place, and Iranian nuclear arms encouragement. Soon there will be nuclear destruction……….and all of it an “innuendo” in the face of a falling brick wall tottering on thin concrete. The enemy is within the gates in more ways than one. How did America fall? Cooperatively and PC.

      Like

  7. BobNoxious says:

    More agreements are being worked out b/w attorneys and the DA to reduce some inmates bond conditions. It also looks like some charges are being amended as well; one man had his original bond lowered but had a new charge of “carrying an unlawful weapon” filed against him.

    http://www.kwtx.com/home/headlines/305864371.html?device=tablet&c=y

    Like

    • art tart says:

      BobNoxious ~ the bonds lowered to $ 25,000.00 are reasonable, but even the $ 5,000.00 added to someone that originally had a $ 20,000.00 bond for a weapons charge too seems reasonable. Hopefully things will start moving quickly, there will be a lot of charges for weapons, but I guess if the gun isn’t linked to another crime, they too may be additional $ 5.000.00 bonds I hope.

      Like

  8. Josh says:

    “Before the shooting, the inside of the restaurant appears to be mostly empty.”

    “When gunshots start at 12:24 p.m. on the video, most bikers, other patrons and staff immediately run away from the windows and into the restaurant’s interior.”

    “One camera angle shows bikers running into the men’s bathroom. When there’s no space left in the bathroom, they dash toward the kitchen.”

    “The Associated Press was shown the video Wednesday by representatives of the Twin Peaks franchise, who have said the fighting began outside the restaurant, not inside as police have said. The franchise has not released the video publicly, citing the ongoing investigation.”

    When Waco gunfire started, most bikers ran for cover, video shows [2015-May-21]
    http://www.mysanantonio.com/crime/article/When-Waco-gunfire-started-most-bikers-ran-for-6279612.php

    Like

  9. Roland Deshain says:

    Whenever there is a “grassy knoll” mentioned in a shooting, we know we will never know the truth. Seriously, I hope, but doubt, that the truth about this massacre comes out. It was an ambush, pure and simple. Agent provocateurs and snipers usually prove deadly to the targets. And they WERE TARGETS. Not one biker fired a shot.

    Like

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