A Few Thoughts on the Waco Biker Shootout
So this Waco thing has caught my interest, mostly because of all the dumb things being said about it. I’m no expert and have no direct connection to the Waco Biker shootout, nor do I have access to anything more than media reports. However, based on my experience as a patrolman, assistant active shooter instructor and soldier I’ve made a few observations and educated guesses about what happened.
1) I predict we’ll soon learn most or all of the dead bikers were shot by police officers
I base this on a couple things, but the biggest one is a comment the Waco PD spokesman included in the official statement: “Our officers treated it as an active shooter scene.” An active shooter’s goal is to kill as many people as possible rather than steal money, take hostages or escape. A police officer who encounters an active shooter has one mission: stop the killing. The best way to stop that killing is by quickly engaging the active shooter with accurate gunfire. The Waco shooting took place in a crowded restaurant within a crowded shopping center with several businesses and restaurants full of innocent civilians. Police officers outside Twin Peaks could be expected to treat bikers firing shots in the parking lot as active shooters.
The affiliations of the bikers would obviously play a part in how the officers perceived the threat they presented. At least some of the bikers involved in the Waco shootout were “1%ers” or “outlaw bikers”. That’s what they call themselves, not just what police call them. Many wear 1% patches on their vests, in reference to the “99% of motorcycle riders are law-abiding citizens” comment made after the first riotous motorcycle rally in 1947; a 1% patch means they’re not law abiders. It’s a public proclamation of their dedication to a criminal lifestyle.
Outlaw biker gangs have a long history of violence, and more importantly, are known to engage in gang warfare around uninvolved civilians. In 2002, Hell’s Angels and Mongols had a gunfight inside a Laughlin casino that killed three bikers and wounded many more. Hell’s Angels and Vagos were involved in a shootout inside a Nevada casino in 2011 that left one biker dead and two wounded. In November 2013 a Bandido allegedly stabbed two Cossack bike gang members in Abilene. Waco’s shooting is thought to be directly related to that incident.
The Waco shooting was reportedly sparked by a Cossack gang member wearing a Texas patch on his vest. This deserves a little more attention. Bandidos are a big Texas motorcycle gang, Cossacks are also Texan but aren’t as big as the Bandidos. The three patches worn by Bandidos are a “Bandidos” banner, the gang logo, and a Texas banner. The Bandidos banned the Cossacks from wearing a Texas banner (because it meant Cossacks were trying to take over Bandido territory), but apparently Cossacks dared to not follow this edict. So Bandidos just had to attack the Cossacks. Because honor and respect. Or something.
The fight escalated to clubs and knives, then spilled into the parking lot and escalated to gunfire. No police are reported to have been inside the restaurant, although of course conspiracy theorists are already suggesting undercover officers were inside acting as “agitators” (hint: it would be pretty damn stupid for cops to instigate a fight that would put them in the impact area of other cops’ rifle fire). But when the fight got outside, twenty-two cops in marked units already in the parking lot took action.
The officers would likely have seen dozens or hundreds of bikers flooding out of the restaurant swinging, stabbing and shooting. They would have seen the fight before receiving a call, because the incident unfolded too quickly for a caller to dial 911, explain the situation to a dispatcher, then have the information relayed by radio or computer. The officers probably took cover behind vehicles and searched for sources of gunfire. When they saw an armed suspect, they probably wouldn’t have been able to discern his target because of their distance and the general chaos. The officers would consider the shooters’ gang affiliation, consider the danger to uninvolved citizens, and make the decision whether or not to engage.
As of this writing, initial reports suggest at least four of the nine biker fatalities were killed by police. I’m willing to bet police killed more or even all of them. I’m already seeing online accusations that police fired indiscriminately into the crowd; I doubt that was the case (especially considering how many uninvolved civilians were present) and I expect to learn that the bikers killed by police were hit from a distance with one or two well-aimed rifle rounds.
A reasonable question has been raised: in the chaos, is it possible that a biker with a Concealed Handgun License legally drew his weapon to defend himself against a threat, legally shot at a criminal who was attacking him, and was then shot by a police officer who didn’t know the CHL holder was engaged in justifiable self-defense? The answer is, “of course it’s possible.” Hell, it may even be likely. If we find out that happened at least once, does that mean the officers committed murder and deserve to be prosecuted?
No. The law doesn’t require perfection from anyone, whether they’re a cop or private citizen. People just have to be reasonable.
Contrary to popular myth, cops don’t get a free pass for killing people and private citizens aren’t immediately charged with murder if they kill someone in self-defense even if they were wrong. In one Texas incident, late one night a woman killed a man she thought was kicking her door in; the man turned out to be her drunken firefighter neighbor who went to the wrong house after coming home from a bar. The woman wasn’t arrested or charged because police and the grand jury correctly decided the woman acted reasonably. She was home alone, it was late at night, someone tried to force open her door, she got a weapon and warned the person to leave, he kept trying to get in, so she fired through the door and killed him. She thought her life was in danger and even though she was objectively wrong, her perception was still reasonable. (http://abc13.com/archive/9470222/)
So if a police officer sees a person who appears to be a member of a biker gang shooting at an unknown person or people while engaged in a massive fight with other gang members, while numerous innocent civilians are present, is it reasonable for the officer to decide the biker is a threat and shoot him? I say yes. Biker gangs are gangs, no different than bloods or crips except in their mode of transportation. If a fight between bloods and crips breaks out at a movie theater and they start shooting at each other inside the theater while surrounded by innocent civilians, I can understand if a police officer sees any gang member firing a weapon as a threat to innocent people. Others will disagree. Whatever our personal opinions are, ultimately the law only requires that officers and armed citizens act reasonably, not that they’re perfect or even right.
And if we do learn all the dead were killed by cops, that doesn’t equal “This whole thing was the cops’ fault!” (as some are already claiming). It could mean officers used too much force in response to a minor fight. But it could also mean officers did exactly what they’re trained and expected to do: use appropriate force against criminals they reasonably judged to be an imminent threat to the public. It’s even possible some officers were totally justified in shooting and others weren’t. Time and evidence will tell.
2) We’ll soon learn that most of the wounded bikers were wounded by other bikers, not cops.
According to latest reports, 318 weapons were recovered from the Twin Peaks shooting scene. The weapons ranged from chains to an AK-47. I haven’t heard how many were pistols. Despite what one might see on Game of Thrones, chains, clubs and knives are dangerous but are actually hard to kill people with (when you stab someone in the stomach or cut their throat, shockingly enough they don’t immediately drop dead). Pistols, of course, can easily kill. However, as we see in almost every officer-involved shooting, under stress most people’s accuracy goes to crap. Shooters who hit ten out of ten bullseyes on a static range at ten yards hit one out of ten or worse on an entire human target in an actual gunfight. This is because in real gunfights the target is usually moving, at an unknown range, partially concealed behind cover or other people, and shooting back.
So I expect most of the bikers in the hospital were beaten, stabbed, or shot with pistols by other bikers who were distracted by hundreds of possible threats around them. In the melee, their effectiveness with any weapon would likely have been compromised. The police, however, weren’t in the middle of the fight, weren’t facing threats from 360 degrees and didn’t have nearly as many factors degrading their effectiveness.
So less serious injuries were inflicted by bikers, more serious by cops. Just my guess.
3) Most of the charges will be dropped
As far as I know, most of the bikers were charged with criminal conspiracy because they belonged to biker gangs. Absent evidence that each of them committed a specific crime, I don’t think that’s enough to make a charge stick. If they were convicted felons in possession of guns, they’re toast. If an officer can testify that specific bikers committed specific crimes, they’re toast. The bikers who were caught armed and coming from out of town to back up their gang after the fight are toast. But Joe Regular Guy who just bought a Harley in an over-forty fit and went to the outlaw biker gathering because he thinks Sons of Anarchy is cool will probably make it out without a conviction.
4) Two very different groups will blame the police for the shooting even though their arguments make no sense
The “hands up don’t shoot” crowd is already spreading really stupid memes like this:
These memes prove – PROVE! – that cops treat black people worse than whites.
I won’t waste much time on this, because it’s so friggin’ stupid, but I can offer this rebuttal: Hey dumbasses, cops shot a bunch of white bikers and may have killed nine of them. But cops didn’t shoot any rioters in Ferguson or Baltimore, even though rioters shot at cops in Ferguson. More white bikers were arrested in one afternoon in Waco than blacks were arrested in two days of rioting in Ferguson and a day of rioting in Baltimore. Judges put 1 million dollar bail on the bikers. Cops killing whites and throwing them in jail doesn’t prove that cops treat white people better than blacks. So shut up.
The second group accusing cops of murder is the “cops are evil jack-booted thugs” crowd. That crowd is sharing an article from a site called “aging rebel” about the “Waco Police Massacre”. According to Mr. Rebel, “The shove in the bathroom became a scuffle in the restaurant. When about 30 Bandidos, Cossacks, Scimitars and other bikers spilled into the parking between the Twin peaks and the Don Carlos Mexican restaurant next door, the police were waiting for them. The scuffle became a knife fight and several men were stabbed. When one of the combatants produced a gun the Swat team opened fire with automatic weapons. Multiple sources have told The Aging Rebel that all of the dead were killed by police.”
Right now, before any autopsy results are released, I don’t see how the hell anyone can possibly claim with certainty that all the dead were killed by police. I highly doubt any one person could have seen every single shooting and knows exactly who fired. But let’s set aside logic a moment. Assuming these multiple (anonymous) sources are telling the truth, well, their statement partially matches what police have said: a fistfight turned into a gang fight with knives and clubs which then turned into a shooting in the parking lot.
I guess that proves the police are evil, tyrannical, and at fault for the Waco shootout. I mean, this is America! You’re telling me armed bikers can’t even have a massive gang fight around hundreds of civilians without getting shot by cops? What happened to freedom?
You know who else tyrannically oppressed biker gangs? Hitler, that’s who!
5) Video and witness statements are going to come out, and will put some of the anti-cop claims to rest
I doubt any of the bikers involved in the fight pulled out cell phones and started videotaping, but plenty of uninvolved civilians did. I’ve seen brief snippets of video on TV, not full videos. But they’re out there, and eventually we’ll see them. If bikers had videos of cops spraying gunfire indiscriminately into the crowd we probably would have seen it already; any biker who had it and wasn’t arrested would have immediately put it on the internet to help his biker buddies out, and if the biker was detained or arrested he probably still would have had time to upload it or send it to a friend before he was cuffed and transported (see the picture above, where a detained biker was still able to use his phone). So although we’ll hear numerous lurid tales of out-of-control cops hell bent on massacring innocent bikers with full-auto fire, we won’t see evidence of it. But we will see video of cops taking cover behind cars and firing deliberate, aimed shots. That’s just my guess.
My gut feeling is that the incident unfolded exactly how we’ve heard it did: outlaw bikers were spoiling for a fight and started one over something stupid. The fight went lethal real quick. Cops who were there in case the outlaw bikers acted like outlaw bikers saw the fight and heard shooting. The cops engaged and killed any biker they thought was a threat to innocent civilians. The cops will be cleared of any wrongdoing because their actions were reasonable, most of the 170 bikers arrested will have charges dropped.
And the outlaw biker gangs involved will find somewhere else for their next fight.
Chris Hernandez is a 20 year police officer, former Marine and currently serving National Guard soldier with over 25 years of military service. He is a combat veteran of Iraq and Afghanistan and also served 18 months as a United Nations police officer in Kosovo. He writes for BreachBangClear.com and Iron Mike magazine and has published two military fiction novels, Proof of Our Resolve and Line in the Valley, through Tactical16 Publishing. He can be reached at chris_hernandez_author@yahoo.com or on his Facebook page (https://www.facebook.com/ProofofOurResolve).
Filed under: Uncategorized | 39 Comments
chrishernandezauthor 
Seen a lot of the “Hands Up, Don’t Shoot!” crowd’s idiocy on the subject lately, but I didn’t know the Sand Hook truthers were jumping on this too. Idiots will be idiots at any given opportunity, I guess.
Would not hesitate to call outlaw bikers thugs. The social justice warriors are simply talking out of their asses when they pretend that thug is a racialized word.
Seems as though they live in some fantastical version of reality where black gang crimes aren’t routinely labeled as the work of ‘youths’ and ‘teens’ (of indeterminate racial background).
Can you imagine some inverse social justice collective that started a campaign against the word ‘skinhead’? Racial pejorative, demeaning to the bald and cancer patients, disproportionate impact upon the elderly. “There are no thugs in Baltimore, and there are no skinheads in the Aryan Brotherhood!”
Got the stack of books on my reading list thinned out enough that I decided to buy Line in the Valley today. Been enjoying your blog long enough, figured it was time to take a shot at your books too. Looking forward to reading this one.
How can just over 200 people carry over 1,000 weapons into a restaurant? And how can around 25 police on the scene arrest almost 200 violent and hardened gang members that were armed to the teeth after the shootings took place so easily? Were the police firing into the crowd with automatic weapons or hand guns? How can over 170 people be responsible for 9 killings when we already know at least some of the dead were killed by police, especially the people that were arrested who actually arrived on the scene after the shooting was over? Is a $1,000,000 bond fair or reasonable for the many motorcyclist arrested that had no gang affiliation whatsoever and were there for the regular C.O.I.R. (Coalition of Independent Riders) motorcycle safety meeting? Where is the justice in that? Why is the media not asking these as well as many more questions and why is there no moral outrage among American citizens? Blacks and bikers today, maybe you tomorrow when there is no one left to speak out.
I’m not sure I know where you got those numbers about arrested and weapons recovered. The articles I read on line indicate about 170 people arrested and 318 weapons recovered. These number seem total in line with each other.
I take 2 pocket knives with me to work everyday, and the above number is only 1.9 per arrestee. I remember police telling me when they arrested someone, even those nail clippers in the pocket gets written up as a concealed weapon. It’s not unreasonable that everyone near the fight started dropping weapons as soon as the police started moving in. If you think you going to be arrested you might think about dropping that chain, flashlight, knife, brass knuckle-dusters to avoid a weapon charge. Frankly, these guys sound like they have a lot of experience with police.
I find your remarks non-persuasive.
Officials find 1,000 weapons, describe surreal scene inside …
http://www.wacotrib.com/…biker-shooting/…weapons…/art... – Traduzir esta página
1 dia atrás – A Waco police officer and city employee collect items as they wrap up the crime scene of the deadly shootout that killed nine bikers at Twin …
Waco Police Find ‘As Many As 1000 Weapons’ Hidden in …
http://www.mediaite.com/…/waco-police-find-as-many-as-...
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Waco Police Find ‘As Many As 1000 Weapons’ Hidden in Restaurant at Center of Biker Shootout. by Tina Nguyen | 2:25 pm, May 20th, 2015 …
1,000 weapons recovered at Waco biker brawl? Not quite …
http://www.latimes.com/…/la-na-waco-weapons-recovered...
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8 horas atrás – Police in Waco, Texas, have sharply revised downward the number of … Cops had said 1,000 weapons were found at Waco biker shootout.
And there is the video interview you can still see on Youtube where Waco police Sgt. W. Patrick Swanton initially said that number reached up to 1,000.
2:12
1000 Weapons Found, 9 Killed in Biker War at Waco, Texas, Restaurant
by Tomthunkit
4 days ago1,396 views
About 1000 weapons including firearms and knives have been recovered from the scene of a deadly Sunday battle between rival …
NEW
My main point is how pathetic I think it is when ordinary Americans think it is okay to lock up law abiding citizens with criminals and charge them as if they were part of an organized crime syndicate just because they were at or near a place where violence erupted. If you can’t see that there is something seriously wrong with that then I view you as part of a much larger problem. Some of innocent people may possibly lose their jobs and their homes while being unjustly incarcerated and held for up to 3 months on $1,000,000 bonds.
Eric,
You’re correct that the 1000 weapons report was incorrect (and was corrected shortly after it was released). I’d also agree there was apparently overreach on charging so many bikers with conspiracy, and I’d like to know the justifications for the charges.
They were all arrested due to the affiliation between the Cossacks and Bandidos. They all had support club gear for either or on their person, bike etc…..
Interesting information, thank you.
Hell it was in Texas, you could probably find that many weapons at the local Mc Donalds, LOL
The fact that they are in jail is not casuing them to lose thier jobs it is keeping them from running dope, prostution,theft and any other law that can be broken. Really lose thier jobs?????
“How can over 170 people be responsible for 9 killings when we already know at least some of the dead were killed by police.”
There are things called the “Provocative Act Doctrine” and “Felony Murder Rule”. These can be used to to prosecute people who participated in violent crimes that resulted in the deaths of others even if they did not pull the trigger themselves. The details vary from state to state, so Chris would have a better idea of how these are applied in Texas than I would.
As for the C.O.I.R. safety meeting this is the first I have heard about that. Do you have any solid sources of information on this?
I’d have to look up the statute, but in Texas if you’re part of a plan to commit murder or assist in committing murder you’re also guilty of murder (think of a driver at a bank robbery that becomes a murder or a guy who blocks someone’s exit so another person can stab them).
I need to hear more information before I can explain these charges, though.
Look up C.O.C of Waco Texas. they have a monthly calender of events.
“And how can around 25 police on the scene arrest almost 200 violent and hardened gang members that were armed to the teeth after the shootings took place so easily?”
Because while 1%ers may be vicious thugs, they aren’t necessarily stupid. The police have 1. Superior tactical position, 2. Superior firepower (defined as the ability to put effective fire on selected targets), and most importantly, 3) the demonstrated willingness to engage and remove anyone they see as being a threat.
I assume the thought process (unconscious or not) of the “survivors” was something along the lines of “Hey, I enjoy a good knock down drag out bar brawl with those scum in the other MCs as much as anyone, but today is not a good day to die and this is not the hill to die on”.
Of course some of them may have decided that that was a good day to die, continued the fight, or were stupid, and are now among the 9 reformed 1%ers
“..today is not a good day to die and this is not the hill to die on”. That is beautifully put.
Nice article, but are you sure there is no connection between Operation Jade Helm and the Twin Peaks incident? Excuse me. I have a window to lick.
Stay Safe……..
Frank
The Biker shootout happened in Waco. Know what else is in Waco? Wal-Mart. Coincidence? I think not!
A gun club I belong to is outside of Waco, Ohio. More coincidence? And there is a police training range accross the street. We also have WalMart in near by canton, Ohio. I taste a pattern growning here.
25 cops with automatic weapons open up on 170 bikers and only 9 die? Damn, that’s some incompetent jack booted thugs y’all got there. They need to re-take Massacre 101. 😉
Too much reliance on Wal-Mart guillotines.
Hi Chris,
I’m not sure if it was irony but in case it wasn’t – do you have a link to Hitlers’ oppression of bikers?
Just a joke, brother. 🙂
Historic footnote: NSKK – Nationalsozialistisches Kraftfahrerkorps. “Hitler’s bikers” (well, + cars). As with everything German, well organized, not oppressed, but definitely more 99% than 1%s.
Chris,
You’re analysis is logical and is as reasonable as anything I’ve read. I do think the meeting has been mischaracterized. My understanding is the Confederation of Clubs tries to mediate minor squabbles so they don’t devolve into a situation like this. Family-based clubs like Biker’s For Christ frequently participate in Confederation of Clubs events. Military-based clubs like Leathernecks MC also participate. So I don’t think this was a pre-scheduled rumble as some have characterized it.
I also think you hit the nail on the head as far as a lot of the charges will be dropped. They have definitely over-reached, whether by design to get the high bails and keep them on ice for a while, or as a knee jerk reaction, but either way a lot of those charges will never stick. One of the things that really illustrates that is the racketeering charges being filed against at least three women. The bylaws of one percent clubs prohibit women from joining. So, how can a woman be part of a criminal enterprise, when the very enterprise she is supposed to be a part of prohibit her from being a member in their bylaws? At a minimum the charges against the women will either be dropped or they will have to be recharged with something more specific directly related to their actions.
Thanks for your insight.
Thanks Kevin, I appreciate that. I also saw veterans and Christian MC patches, and don’t know yet if they were arrested along with everyone else. If you hear any information about that please let me know.
Several clubs were released like the veterans etc…….But if they had any support stuff then they were detained. To my knowledge only a few of the clubs were not supporters.
Do you have a link to find that information? A lot of people assume all the bikers were arrested, if some were released because biker gangs were differentiated from biker clubs that’s pretty significant.
Heres a link to an interview with a booze fighter prez. They were released early Monday morning.
http://www.kxxv.com/story/29120442/exclusive-local-motorcycle-club-president-at-twin-peaks-shooting-speaks-out
Id have to find an article on it…So much to sift back through. But there were about 250-300 or so initially detained. I do not have an exact number. Some of the info i have is stuff not released yet.
Great, thanks Tom.
Don’t post this on Waco PD Facebook page. I posted thoughts, very similar to this article, there and it was removed.
For the record this is the most intelligent thing I’ve heard since all this went down. There is so much fallacy going around and people including some good friends are so stuck in their opinion of what happened without knowing any facts. Were some of the bikers good people? Yes but their affiliation says otherwise which is reason for them being incarcerated. Id personally like for some of them to get out because I dont think they really knew what they were getting into. I think they loved the idea of the outlaw biker which now the risk proved to be greater than their reward.
Awesome, thanks Tom. In an odd twist, a guy I went to elementary school with was one of the bikers arrested. I’m hearing the same thing about him, that he was looking into joining because he thought it was cool.
Can’t wait to start hearing from the biker thugs about how their civil rights were trampled upon. Guess what? We most likely will not hear from them on this matter. They knew what they were getting into. It makes me mad that these thugs will stigmatize the clubs that are trying to do good in the world. Most of the biker clubs I know of consist of veterans and they do charitable works all the time. They protect children from abuse and they deliver food to the hungry and they bring Christmas gifts to children that would not normally get them. What people don’t get is that at least two of the gangs involved are well organized and there is a lot of money involved. They don’t care about their communities. I have seen evidence of this from the time I was a kid in Waco. I have had one of their leader’s mother living across the street from me. There was an article written about them in Time Magazine. Thank God the Waco PD was prepared for anything. Sadly, there are going to be people who cannot discern anything like common sense. I am glad to read an article from at least one.
In your 20 years of law enforcement, have you ever had to deal with a group of motorcycle gangs?
A single gang, yes. Group of gangs, no.
I’m not a cop, but I would assume in a situation like this you’d pretty much arrest everybody, then sort out the sheep from the goats, so to speak.
I’m glad this was written. One point.
The cops claimed they only shot after receiving return fire. Your hypothesis that they fired on the bikers to prevent civilian death is contradicted by their own admissions, BUT…their own admissions have been contradicted and retracted by other exposures and press releases. This “return fire” may only have been a gunshot going off in their general direction, or it might be pure fabrication to justify unloading on the scene as it sounds very neat and tidy – “police took fire, we acted to protect ourselves” vs “they may have hurt someone” (not a common refrain in police affidavits). Why it might not be pure fabrication is the lawsuit by Don Carlo’s against Twin Peaks for property damage to their store (DC was where cops posted up).
My thoughts have been – cops killed everyone there, bikers realized they had walked into a killing field and threw down their arms, and then the legal process went nuts. Zero probable cause to assume every person involved was there to commit murder versus stop someone from fighting, versus calm things down, versus intent to / commission of assaults only. Zero reason to set the bonds as high as they did without individual investigation into each biker’s situation. A public statement by a judge that bond was set to teach these out of towners a lesson.
Worst – The idea that by whipping out their guns to protect themselves from lethal force sounded the death knell is the terrifying one. Civilians may indeed have been injured / killed, but the police were shooting directly at the restaurant (and as I recall the patio for Twin Peaks downrange of the cops suffered some damage).
I liked this article when it came out and I was just rereading it tonight.
In my humble opinion, no one went to Twin Peaks looking to kill another person. That includes the LEO’s.
That said, the last six weeks have revealed some new facts that would warrant the author revisiting this article.
Not changing his core opinions, but reexamining the suppositions that he was scrupulous enough to qualify as such.
I believe that the LEO’s; inclusive of the ATF, the DPS and Waco PD; did have active undercover agents and run of the mill rats inside the Cossacks and the Scimitars.
The Cossacks were being recruited by the Hells Angels. The LEO’s were already inside the Cossacks, etc., and they would have been absorbed into the Hells Angels if the patchover had gone accordingly. At least that was their hope.
To that end the LEO’s needed nothing short of a riot to break out in a confined space so that they could make the mass arrests. The parking lot at Twin Peaks is a box canyon.
And there it went horribly wrong and created a living hell for everyone.
That is why there are none of the videos the author spoke of. The LEO’s seized every video and every device that could take so much as a selfie. Numerous bystanders are suing to have their phones returned.
There is a short story, a work of fiction, on Amazon.com that tells a tale of how this might have come to be. The Title is: “The Waco Texas Biker Massacre.” It is free to read if you have a Prime or Kindle account.
Even if the author declines to read this short story, I would love to hear his comments on the tragedy in light of the current set of facts.
It has been two years and not one defendant agreed to plead guilty and/or testify for the government. That is incredible!
The simplest accusation is the best. The Law Enforcement Organizations (LEO’s) had a Duty to Warn.
They gave press releases that stated that they had real time information that the attacks would be made two weeks in advance and they did not attempt to prevent the conflict.
What they did do was conceal themselves and put a covert camera on a pole at the very epicenter of the conflict. They had snipers to protect undercover agents and high value assets. They had the DA and the Justice of the Peace embedded in their strike force.
What they didn’t do. They did not go to the State ABC Board and exercise their broad administrative discretion to get the ABC Board to exercise its broad Statutory discretion to close the Twin Peaks as a matter of public safety.
They did not warn the members of the Bandidos that a large contingent of Cossacks would be/were waiting to ambush them: that contingent included several undercover agents and high value assets.
They did no deploy uniformed police cruisers to the parking lot to turn the Bandidos away from the meeting or to, by their very presence, quell any violence.
They did not contact the CoC&I and notify its executive board to cancel the meeting.
At the very minimum, they sat back, watched and waited for the violence to erupt. At the worst, they fomented a riot to facilitate a mass arrest.
It has also been two years and nothing has been done. No DOJ independent investigation into the murder of nine men in less than a minute.