Wife of biker inmate: Some arrested in Texas are innocent

[Omaha Steve]

Source: AP

By EMILY SCHMALL

WACO, Texas (AP) — Bullets ricocheted around the parking lot of Twin Peaks, the Waco restaurant where a motorcycle gang shootout left nine dead, just minutes after Theron Rhoten pulled in on his vintage Harley chopper for a regional motorcycle club meeting, according to Rhoten's wife.

Katie Rhoten told The Associated Press that her husband ran for cover and was later arrested, along with antique motorcycle enthusiast friends and other "nonviolent, noncriminal people." Authorities swept up around 170 bikers who had descended on the restaurant for what one club member described as a gathering to discuss laws protecting motorcycle riders.

"He's good to his family," she said. "He doesn't drink; he doesn't do drugs; he doesn't party. He's just got a passion for motorcycles."

McLennan County Sheriff Parnell McNamara and Waco police Sgt. W. Patrick Swanton declined to comment Tuesday on allegations that innocent bikers were arrested. Police have said the gathering of five biker groups was to resolve a dispute over turf.

FULL story at link. Video: http://launch.newsinc.com/share.html?trackingGroup=92351&siteSection=bigstory_hom_non_non_dynamic_wire_ap&videoId=29104891



This combination of booking photos provided by the McLennan County Sheriff's office shows people arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas, Sunday, May 17, 2015. Top row from left to right: Edward Keller, Lawrence Kemp, Michael Kenes, Drew King and Jeremy King. Second row from left to right: Richard Kreder, Thomas Landers, Jarrod Lehman, Martin Lewis and Brian Logan. Third row from left to right: Narciso Luna, David Martinez, John Martinez, Josh Martin and Terry Martin. Fourth row from left to right: Benjamin Matcek, Joseph Matthews, Wesley McAlister, Dustin McCann and Billy McRee. Fifth row from left to right: Rudy Mercado, Juventino Montellano, Michael Moore, Jason Moreno and John Moya. (McLennan County Sheriff's Office via AP)


Read more: http://bigstory.ap.org/article/6e28f92baa504b2393cabb66d2090ddd/wife-biker-inmate-some-arrested-texas-are-innocent

[Renew Deal]

1. I don't know how they can prove the capital murder charge against many of these guys.

But it's going to ruin lives anyway. The government needs evidence against each individual. Where will they get that unless there are emails/texts saying the purpose of the gathering was a fight.

[rdking647]

2. if they were commiting a felony during the gun fight

then felony murder comes into play.

[Renew Deal]

4. Right, and what if they were not?

Some number of guys are clearly guilty, but can they prove it against all?

[Omaha Steve]

5. RICO law fits gang crime

http://www.hg.org/rico-law.html

What is RICO Law?

RICO law refers to the prosecution and defense of individuals who engage in organized crime. In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act in an effort to combat Mafia groups. Since that time, the law has been expanded and used to go after a variety of organizations, from corrupt police departments to motorcycle gangs. RICO law should not be thought of as a way to punish the commission of an isolated criminal act. Rather, the law establishes severe consequences for those who engage in a pattern of wrongdoing as a member of a criminal enterprise.

Title 18, Section 1961 of the United States Code sets forth a long list of racketeering activities, the repeated commission of which can form the basis of a RICO Act claim. These underlying federal and state offenses exist independently of the act, and include the crimes of homicide, kidnapping, extortion, and witness tampering. Racketeering activities also include property crimes such as robbery and arson. A number of financial crimes are also listed, such as money laundering, counterfeiting, securities violations, as well as mail and wire fraud.

Or: http://ricoact.com/?page_id=128

[christx30]

11. RICO is a federal crime.

The locals would have to turn the case over to a federal prosecutor.

[jwirr]

33. I believe that the FBI was helping in the arrests.

[Sgent]

57. Most states

have an equivalent law.

[okasha]

34. I doubt they'll try.

Think about the sheer logistics of trying 170 people, then moving them into appropriate prisons. Once the defense lawyers and the prosecutors sit down, I suspect that many will plead guilty to lesser charges and be allowed to bond out.

[TexasProgresive]

7. Let see

A gun with a person's finger prints is found, that person's hand(s) test positive for nitrates, the bullet(s) removed from a corpse's body match the ballistics of the gun. So connect the dots.

[Renew Deal]

12. Right, but there aren't 170 people with guns

Many of them are being charged as co-conspirators. The government must prove each case. There is no guilt by association.

[snooper2]

21. video cameras are cool

[rdking647]

3. if they were there and wearing gang colors

then they arent innocent.

if your a member of the bandidos or the cossacks your a criminal.

[Fuddnik]

6. Who enforces that? The Fashion Police?

[rdking647]

13. by gang colors im talkng about a bandidos or cossack patch

or one of teh other known gangs. if you wear the clothes that identify you as a member of a biker gang and are arrested in mass shooting then you are guilty.

if you're not a member of the gang you dont wear the outfit. they will beat the crap out of you if you do.
so by wearing the patch you are identifying yourself as a member of a criminal orginization

[Fuddnik]

14. Haven't spent much time around bikers have you?

By your standards, and RICO's, belonging to any major political party in the US would make you a member of a criminal organization.

[skamaria]

36. N/T

With certain parties that's not much of a stretch.

[muriel_volestrangler]

37. DoJ: "The Bandidos constitute a growing criminal threat to the U.S."

http://www.justice.gov/criminal/ocgs/gangs/motorcycle.html

"The Bandidos are involved in transporting and distributing cocaine and marijuana and are involved in the production, transportation and distribution of methamphetamine."

[arcane1]

52. I'm astonished to learn that meth is in any way involved in this n/t

[rdking647]

43. i rode until very recently

the bandidos are a criminal organization.
same with the cossacks

joining them makes you a criminal

just like joining the bloods or crips makes you a criminal

[TexasProgresive]

8. I imagine they want to hold as many as possible

to get testimony.

Material witness
A material witness (in American law) is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at 18 U.S.C. § 3144. The most recent version allows material witnesses to be held to ensure the giving of their testimony in criminal proceedings or to a grand jury.

Source- wikipedia

[Augiedog]

9. No doubt...

That some of the arrested are innocent of criminal actions in this incident. I have no doubt that the authorities will sort out the dynamics of this incident and bring valid charges against those who are deserving of them. All to often the innocent get swept up with the guilty just by virtue of seeming to be similar, just ask any member of the minority community about that. Those of the motorcycle world who chose to join motorcycle gangs which define themselves as 1%, a coverall moniker which claims criminal activity as a probable if not fundamental function of the gang, ruin their own lives and those of their families.
Nine dead men, fathers, brothers, husbands, sons all. 18 wounded, 170 arrested and held at one million dollars each. For what? A symbolic cloth patch and an ideology that fails even the most cursory examination. Claiming to be an "outlaw" sends the same extremist message that we hear from other contemporary news headliners. It also lays claim to being an uncitizen, denying your right to belong to, in this case, America. It is a declaration of hostility to the United States and your own local community, if not a declaration of war. One of the patches worn by these gang members says "expect no mercy", why? Is it because the bearer is with out honor?
You don't have to embrace the "outlaw" style to be a biker, I've been riding Harleys for 40 plus years, all sorts of groups exist that don't come even close to this lifestyle. I feel sorry for the families who lost loved ones and for those whose lives will be changed forever due to this incident. At the end of the day they are people, all of them, and now they are facing a grim future. A future that could easily have been predicted by the most myopic of prognosticators.

[yellowcanine]

10. Yes it is possible that a few choir boys were caught in the roundup.

But I will tell you what, I am sure that the vast majority of the bikers there were not "antique motorcycle enthusiasts."

[Oktober]

15. Lay with dogs and you get fleas...

No sympathy...

The place was an established hangout for 1% scum.

[Erich Bloodaxe BSN]

26. As a canine enthusiast, I've always felt that phrase was unfair.

How about 'Lay down with motorcycle gangs and you get fleas.'

[Oktober]

27. Thought about it as I typed it...

How about... Don't lay down in filth and expect to get up clean...

[Paladin]

16. "...a gathering to discuss laws...."

Unfortunately, the guns started going off before tea was served....

[rdking647]

44. if you check out the confederation of clubs and independents

the group tat was supposedly meeting there,you will see that some of its top officers are bandidos

its just a cover group to give a veil of legitimacy to the biker gangs,

and they are a gang. not club. a gang. no different that the bloods or crips


the try and cover up their actions with groups like the confederation or putting on a charity ride or toys for tots run. but its no different than organized crime buying a legitimate business to cover their illegal actions.

they are criminals. and hopefully they get nice long stays in the texas penal system

[Paladin]

58. +1. (nt)

[Historic NY]

17. Never thought I hear people support 1% per-centers here...

They weren't there for Sunday dinner. And this wasn't a meeting of HOG, Harley Owners Group. Where those with mid-life crisis go to meet others.

[alphafemale]

18. Well. guess what?

You CAN be charged with murder for merely being an accomplice.

People have been charged with murder for driving a person to a store and the passenger shot and killed someone. Even if they had NO CLUE as to the passengers intentions.

Happens all the time.

Having all of these scum suckers locked up for a very long time is not a bad thing in any way.

[Sunlei]

19. It was a parking lot fight between 2 people and police escalated the situation

They arrested WAY to many people and impounded to many cars and motorcycles.

[snooper2]

22. cops should have just let them have their minor tussle and left them alone

LOL


Meanwhile Wednesday, Waco police Sgt. W. Patrick Swanton said investigators recovered about 1,000 weapons from the shooting scene including everything from pocket knives, to assault-style knives, to guns to an AK-47.

Investigators found weapons hidden throughout the restaurant, evidently abandoned by bikers as they attempted to flee, Swanton said.

Some were recovered from restrooms and one was found in a bag of chips, he said.

http://www.kwtx.com/home/headlines/Waco-Shooting-Near-Twin-Peaks-In-Waco-304043711.html

[Action_Patrol]

23. Clearly just a parking lot dispute. Ha

[snooper2]

24. yeah, people just post random shit and don't bother to read anything

If one had they would know a fight apparently started in the restroom, spread into restaurant with gunfire and quickly outside where the cops were...



But, since cops are a part of the story it is automatically their fault

[Sunlei]

25. yeah right, sure those in the resturant emptied their pockets and with an entire parking lot of cars

and bikes, I'm sure police "found" a lot of "weapons" in those 200? impounded cars and bikes.

next school fight or 'parking spot fight' the police should wildly shoot at the 2 fighters, arrest all bystanders, search their pockets and impound and search all the cars within 5,000 feet.

[snooper2]

28. maybe we should start a gofundme for the poor chaps? One biker did bond out- 100K (10% of million)

I'm sure some of them aren't that fortunate....

You can't sell your bike for lawyer money when it's in the impound. Damn, you have me starting to feel sorry for these guys and gals that got arrested!











wait, oh, nevermind- LOL

[Sunlei]

30. The Banditios have charity runs almost every week, they'll get lawyers to remove the frivolous

police charges.

doubt their group needs to 'sell' $20,000 bikes for bail money.

[snooper2]

31. That is great news, they are such a caring and loving group of individuals

Even have their own documentary!

[Sunlei]

32. you can just go to their website.

[NuclearDem]

40. Please tell me you're not actually making excuses

for the fucking Bandidos.

Just please tell me that.

[Sunlei]

41. They're the only group I'm familar with for many years. I don't know who the Kossiaks or Scimitars a

I don't know who the Kossiaks or Scimitars are. I think the first group Kossiaks? were most of the dead.

[rdking647]

45. bandidos=hells angels = bloods = crips = the mob = the drug cartels

all criminal groups who have no problems murdering anyone who gets in their way

[Sunlei]

47. How many of them have charity rides?

[NuclearDem]

49. And Pablo Escobar built football fields for kids.

Criminal organizations care about PR, too.

[Sunlei]

50. who is that?

[NuclearDem]

51. One of the most notorious and wealthiest drug lords to ever live.

http://en.m.wikipedia.org/wiki/Pablo_Escobar

But since he built some churches and football fields, we can sweep his bombings, murders, and intimidation under the rug.

[Sunlei]

55. sorry, not "we".

[RandySF]

53. You know DU has jumped the shark

when people call them a charity organization.

[Skittles]

46. yes, they're just innocents caught up in a bad situation

http://www.wacotrib.com/news/twin-peaks-biker-shooting/officials-find-weapons-describe-surreal-scene-inside-twin-peaks-restaurant/article_3e340568-934d-5a6b-87ae-788f55b0923a.html

riiiiiiiiiiiiiiight

[jen63]

56. These asshats are all 1%ers.

They put the patch on their leathers knowing full well what it means. They're outlaws and proud to be outlaws. They're criminals and some of the most misogynistic and abusive assholes out there. Good riddance to bad rubbish.

[americannightmare]

20. Cry me a river!

As Dave Chappelle once said, "That justice BURNS, doesn't it!" Live by the sword, die by the sword. Unfortunately, an awful lot of us who don't live by the sword, who don't want to be anywhere near guns, will die by the sword as well. So boo-fucking-hoo, motorcycle gun-humpers!!!

[NobodyHere]

29. Honest Question

But could any of the bikers use a "Stand Your Ground" defense? Perhaps someone not involved in the initial melee?

[MosheFeingold]

39. Yes they can

This will be a very hard case to prosecute.

[Jamastiene]

35. Sure. And everybody in prison is innocent too.

If you don't believe it, just ask them. They will all tell you they are innocent, even the ones who are not.

Do I need to add the smiley for the subject line of my post?

[LiberalElite]

38. It's possible the cops just rounded 'em

up to sort 'em out later. During the 2004 demos against the RNC convention in NYC there were lots of bystanders scooped up. Lots of civil rights lawsuits later too.

[Sunlei]

42. That is what the police did. Charged them all with a Federal charge that has jail + a high bail.

There were 19? police and Feds? waiting outside the restaurant for something to start.

[WestSideStory]

48. I could believe that

[OBblueMeanie]

54. Bunch of losers

I never thought much of bikers, they are miscreants who contribute nothing to society. Well, at least there are 9 fewer of them now.

[rocktivity]

59. Everyone who participated in the fight committed a felony

Last edited Sun Jun 28, 2015, 05:35 PM - Edit history (4)

and can be charged with the felony/third degree murder of each person who died...But not these five:

...Bradley Neal Terwilliger...and Benjamin Matcek...were stopped and arrested...while en route to the shooting scene, but were freed on $40,000 bonds after they were charged with firearms violations...

(T)hree men...were arrested...after they rode up to the perimeter of the shooting scene wearing gang colors and carrying weapons...Juan Garcia...and Drew King...were released from jail after posting $50,000 bonds (as was) Jim Harris...after posting a $20,000 bond.

Fine and dandy, and by the book. But then the cops go and spoil it all by doing something stupid:

McLennan County sheriff’s investigators later determined (that Terwilliger and Matcek) were connected to the shootout and traced them to their homes...(The) county sheriff...instructed the two to surrender...(or)...law enforcement officers would be sent to bring them in. They both surrendered shortly before noon...

Garcia...King...and Harris...were booked under a different case number than the other suspects arrested after the shootout...A review of the case revealed that the three arrests were connected to the shootout, and the bonds of the three suspects were revoked and new arrest warrants were issued...(They have all) surrendered...

It was very wise of them to surrender, because while they may be guilty of weapons violations and intending or attempting to participate in the brawl, they are NOT guilty OF participating in the brawl -- which they can prove beyond a reasonable doubt!


rocktivity

[dembotoz]

60. might b possible wrong place, wrong time...a chain restaurant should be OK

To show off your fancy bike...