The Waco biker shooting remains problematic. Some 170 Americans remain under lock-and-key awaiting arraignment, eleven days after the incident, with bail set at $1m. Each. Although they’re under no obligation to produce security camera footage of the incident until those arrested are indicted, the police’s decision to withhold the video is noteworthy. The police have also admitted they shot “some” of the 27 bikers struck by gunfire. Seven were hospitalized, nine assumed room temperature. The Waco coroner has only released a summary of his report which does not specify whether those killed struck by handgun or rifle rounds. Meanwhile this from wacotrib.com. . .
Austin attorney Adam Reposa alleges in motions filed Tuesday that the charging documents filed against his clients, and the 168 others jailed in the chaotic melee, are legally insufficient.
He also claims that the $1 million bonds are unreasonably oppressive and that the judge who set them and the judges who, so far, have not reduced them have shown bias and should be recused.
Reposa represents Jimmy Pond and Thomas Paul Landers. He said Pond, a mechanic from Hays County, is the sole supporter of his family, which includes a disabled wife and autistic son.
Besides the recusal motion, Reposa filed an application for writ of habeas corpus, alleging a client is being held illegally and without proper cause, and a motion for emergency release so Pond can go home and take care of his family.
State District Judges Matt Johnson and Ralph Strother have scheduled bond reduction hearings in about 10 cases for June 5 and June 12.
Peterson has scheduled examining trials in two of the cases for Aug. 10.
But Reposa said that is not quick enough, adding that each day that passes infringes on his clients’ civil rights and helps promote what he calls the “Gestapo-esque militarization of law enforcement.”
TTAG called Reposa. At our request, he sent us this statement:
The case in Waco is problematic for several reasons. The first is the unprecedented arrest and detention of American citizens without adequately alleging a violation of the law. The probable cause affidavit filed in all 170 cases is identical with a “fill in the blank” format for the citizen’s name and only alleges that these citizens were at a location where violence led to death, and were wearing patches signifying membership in some motorcycle club. This is a basic militarized attack on a citizens right of free association, and it is for this reason that I am seeking to expedite my client’s release and to remove all of the Judges that have failed to hold the State of Texas to its burden in filing charges and secure for the citizens adequate protections of Due Process.
The second major concern is that the factual details which are certainly known are not being released to the public. For instance, the number of shots fired by bikers compared to the number of shots fired by police and the number of deaths attributable to the police are facts that have been established. The Medical examination of all the deceased citizens has been completed, but the results are not available to the public. This of course raises flags about whether there is an attempt to suppress the truth and use the business owned media to distract from the significance of the militarized police operation that was conducted on American soil May 17, 2015.
The truth will come out and the only question is when and from whom. I applaud the efforts of all citizens to keep this story relevant in the constant deluge of subterfuge and distraction.
Reposa also sent us the documents relating to the case for your consideration. Click here for a pdf of his motion to recuse Justice of the Peace W.H. “Pete” Peterson who set $1 million bonds on each defendant to “send a message” because of the “atrocity of the incident and the impact on the community.” Click here for Reposa’s writ of habeas corpus.
We’re attempting to contact the coroner’s office for a full copy of his report. Watch this space.