Waco Biker Incident Grand Jury Expires; 39 Arrested Still Unindicted

But the district attorney wants them to know he might just indict them later on over the 11-month old incident for which no one has seen trial yet.


Of the 177 people arrested last May (and initially all given a uniform million dollar bond) after a shootout involving a bunch of motorcycle clubs attending a meeting of a biker organization, the Confederation of Clubs and Independents (mostly dedicated to political issues affecting bikers) 39 were finally, according to lawyers involved in the case, released from fear of eventual indictment as the grand jury dedicated to the case had its term expire.

Others were arrested related to that day's event later, and as of now 154 people have been indicted, though none have yet seen trial, or even a set trial date, for the events of 11 months ago.

The Waco Tribune reported on the failure (so far) to indict the 39.

An emailed press release from the law firm of Looney & Conrad, who represented some of the arrested, noted that:

"The extended term of the grand jury expired last night at midnight," said Paul Looney, defense attorney for the English's.  "Judge Johnson met this morning with DA Abel Reyna, Assistant DA Michael Jarrett and I.  The judge agreed he did not sign an order to continue the prosecution of the unindicted cases and because that grand jury's term has expired without an order extending the prosecution was signed, the prosecutions against the 39 unindicted bikers* are terminated by operation of law and their cases are dismissed."

Looney's partner Clay Conrad said in the same release that "The cases have all ended with a whimper, dismissed because there were no facts justifying the charges against them."

Until the statute of limitations on the crimes alleged expires, there is some possibility in the future even these 39 could later be indicted. 

District Attorney Abel Reyna very much wanted to make sure that the currently unindicted understood that and continue to live in fear.

After the firm issued its press release quoted above, Reyna announced that, as reported by local TV station KXXV:

Mr. Looney's version of what transpired today is sadly inaccurate.  We have not filed any dismissals in any of the remaining Twin Peaks cases.  Furthermore, any McLennan County Grand Jury can hear evidence on this matter and decide to issue additional indictments.  This is an ongoing, continuing investigation.

While nine people were killed and around 20 wounded during the melee that day, there is good reason to believe at least four of the dead were killed by police fire. Everyone, whether or not there appears to be direct evidence of them being part of any killing or injuring, were indicted under the same charge of engaging in organized criminal activity, more or less just for being bikers and for being there when all the violence happened.

I've reported extensively on some peculiarities in this Waco biker case involving both what likely actually happened that day and the way the legal system has been treating the people arrested.

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  1. Clay Conrad? That name sounds familiar.

    Is he the same Clay Conrad who wrote Jury Nullification: The Evolution of a Doctrine?

    1. Nice catch. Looks like it's the same guy.

      This case is so very bizarre. There's no other real possible explanation except that the government's purposefully delaying/hiding things so the truth about police involvement doesn't come out, is there?

      1. I don't know enough about the case to say for sure, but there seems to be something funny going on.

        1. Funny like, "A man walks into a biker bar and..."?

      2. Incompetence?

        1. More than any other recent case, this just stinks of some sort of massive government screw-up. There were probably real crimes they were investigating, but it all went south in a very bad way. They can't let it go, but they can't go forward without looking like screw-ups at least, and criminals themselves at worst.

      3. "We don't like that kind of people, so fuck them over as much as we can, even without evidence. Of course someone shooting at you does not permit self-defense, even if completely legal weapons are used." Especially when those shooting at you are police with sniper rifles. Fuck those pigs.

    2. Clay's a friend of mine from when we were active in the Libertarian Party of New York City (& state).

  2. So Turdeau Jr. is spouting on about the glories of Green Energy and Stimulus Spending. Hold on I thought Cytotoxic told me this would not happen?

    1. Cytotoxic is probably busy being raped by a Syrian refugee right now.

      1. Raped? I thought the term was making love.

        1. "Having sex" is more appropriate. Don't be so judgemental.

          1. We all know war boner Cytotoxic loves being rammed from behind by a displaced Muslim.

  3. White privilege!

    Looney & Conrad

    It's pronounced LO-NAY!

  4. Any idea how much it cost the tax payers to not indict all those people?

    I bet the local politicians say there's nothing left to cut.

  5. Also I've read a bit about the Khmer Rouge. Pretty disturbing to read how they started out as a bunch of upper-class Marxist anti-colonialist students in Paris. I mean those kids could never do serious damage, right?

    And one of the Top Men in the regime early in his career seemed more of a policy wonk than a genocidal thug. I mean that could never happen, right?

    His 1959 doctoral thesis, "Cambodia's Economy and Industrial Development"[10] advocated national self-reliance and generally sided with dependency theorists in blaming the wealthy, industrialized states for the poverty of the Third World.[11

  6. By the way Lenin and Stalin were also a student radicals and Mao was a activist teacher. And Hitler was an art student.

    1. People grow up. Some of them grow into monsters. I don't think there's more to it.

      1. There was this one asshole that used to be a community organizer.

      2. True. Stalin started as a bank robber. He grew into a murderous dictator.

    2. That's it, time for some common sense college control!

  7. Seems Mao didn't understand what he read:


    Studying independently, he spent much time in Changsha's library, reading core works of classical liberalism such as Adam Smith's The Wealth of Nations and Montesquieu's The Spirit of the Laws, as well as the works of western scientists and philosophers such as Darwin, Mill, Rousseau, and Spencer.[31] Viewing himself as an intellectual, years later he admitted that at this time he thought himself better than working people.[32] Inspired by Friedrich Paulsen, the liberal emphasis on individualism led Mao to believe that strong individuals were not bound by moral codes but should strive for the greater good; that the end justifies the means.[33]

    1. "Viewing himself as an intellectual, years later he admitted that at this time he thought himself better than working people."

      At the time. Later, he killed millions of working people. In an egalitarian way. Except he stayed alive.

      1. Marx was a good observer. Political philosopher not so much.

    2. Inspired by Friedrich Paulsen, the liberal emphasis on individualism led Mao to believe that strong individuals were not bound by moral codes but should strive for the greater good; that the end justifies the means.[33]

      Sounds more like he read Dostoevsky, and took it as a training manual.

  8. Mao on Freedom of Speech:

    "You are dictatorial." My dear sirs, you are right, that is just what we are. All the experience the Chinese people have accumulated through several decades teaches us to enforce the people's democratic dictatorship, that is, to deprive the reactionaries of the right to speak and let the people alone have that right.

    1. Several Decades. I'm sold. I bow to the magnificence of his word salad.

    2. deprive the reactionaries of the right to speak and let the people alone have that right.

      Le People, c'est moi!

    3. Apparently reactionaries arent people.

      1. If you view them as merely a cancer on the collective organism of society, then all else follows.

        1. collective organism of society

          Or in Latin corpus which is why the belief that society is an organism is called "corporatism".

  9. Mao's anti-militarism:

    Without a People's army, the people have nothing.

    1. ...of course, *with* a communist army they have nothing by definition, but I digress.

    2. Without a Red Guard bus ticket (AK-47) the People's Army have nothing.

    1. Hmmm, 'very passionate' you say? Can you start tonight?

      1. Magna Cum Loud.

    2. Yes, but can she drive a car...safely. Also, she looked...jaundiced.

    3. Congrats. Most mail order brides don't speak English that well.

      1. But her happy ending needs a bit of work.

  10. as Eddie says above...something funny going on.

    I could be wrong but my take on this is that one fight broke out and a bunch of trigger happy cops opened fire. The last thing they want is for any of these people to go to trial. If they did every one of them would be on the stand testifying that the cops sprayed the crowd.

    1. If they did every one of them would be on the stand testifying that the cops sprayed the crowd.

      Would that matter? Seriously. It seems to me that the word of the police will be taken as gospel in absence of any video to contradict it (wasn't some surveillance video "lost" by the cops?). Doesn't matter how many witnesses there are, or how consistent their stories are. Without hard evidence to contradict the official story, these people are fucked if they go to trial.

    2. There are also questions of undercover FBI or agent provocateurs among the indicted. Were any of the Bandidos or Mongols who opened fire cops or paid informants?

      In earlier stories, it came out that a lot of the rounds that were fired weren't handgun or shotgun rounds. Bikers don't carry anything that can't be concealed on their person while riding or that can't be concealed in a saddlebag when they aren't.

      1. Shots were (passively) fired. People were (passively) killed. First degree felony murder.

        1. Except for the police snipers who were "maintaining the peace".

  11. there is good reason to believe at least four of the dead were killed by police fire.

    Five were hit by the same caliber as the police rifles. Four died. Two of those dead were also hit by other caliber rounds.

    So at least two probably killed by police. Two more possibles.

    Waco Police Chief Brent Stroman had said in June that officers shot a total of 12 rounds using the semi-automatic setting on their .223-caliber rifles.

    This doesn't add up. In an open melee with police being fired upon (their version), they only fired 12 rounds? Striking 5 different targets?

    That is some truly impressive fire control, right there. Most of the police shooting videos I've seen include a hail of panic fire, particularly when multiple officers open fire. And we usually see a lot of misses, particularly at any range over 10 feet. 12 rounds at 5 targets from semi-auto rifles at a distance? With dozens of armed targets opening fire? Yet they only engaged a handful with a very controlled 12 rounds?

    If there is no additional information, and this is 100% accurate, that's some impressive target discipline. That would mean that they were being very careful about lines of fire and only hitting the intended targets. Only squeezing off 12 rounds in such a target rich environment would mean that they declined to shoot many dozens of times during the fracas.

    1. When you're shooting at people packed together, the chances of missing go down.

      It's like shooting in a forest and hitting a tree.

    2. and this is 100% accurate

      I'm sure the cops believe it is 100% accurate, but that's only because being a pathological liar is a requirement for the job. Along with depraved indifference and strong streak of sadism.

    3. Are they claiming that every shot they fired landed?

      At what distance were they shooting? Were they set up at more than 50 yards away?

      Were there any spent cartridges found at distance?

      Do they normally bring rifles like that into short range situations?

      Why were they already there anyway?

      The whole thing stinks to high heaven.

  12. I've been following this story from the beginning, to the extent that any information is available. There hasn't been much. A few things are pretty clear. Cops killed people and bikers killed people. There were probably provocateurs involved, the whole thing looks like a LEO setup. There were probably hours of security and cell phone videos all of which were confiscated by the cops. Video that has been released makes bikers look like the bad guys, no video of the cops. The mass arrests, absurd charges and bail makes virtually every witness a defendant with little choice but to STFU or face incarceration. The local prosecutor, judges, cops, and grand jury are completely corrupt with obvious conflicts of interest. The MSM has completely forgotten this story and neither the State of Texas nor the feds have any interest in protecting the rights of a bunch of white bikers.
    My guess at this point is that there will be no trials. There may be plea deals to weapons charges and other BS but It doesn't look like the state really wants testimony in an open court room. In a couple years no one will remember or give a shit and we'll never know who killed 9 people in Waco.

  13. Any updates on this story?

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