Chapter Cinco | de Mayo

The days of May in Texas can be hot, rainy, humid, sunny and cool, all in the same day, especially when on a motorcycle.
The 17th day of May in 2015 was one such day for at least 192 motorcycle enthusiasts as they came from different parts of Texas and even one C.o.C.&I. member rode in from Oklahoma. They traveled to attend a scheduled, Regional Confederation of Clubs and Independents, meeting at the Twin Peaks restaurant in the Central Texas Market Place in South Waco near where Interstate 35 and Hwy 6 interchange.

Twin Peaks Arial View 2015
Twin Peaks Arial View in the year 2015 according to Google Earth (NOT taken on May 17th, 2015)

Many of the pictures of the tragedy from the media, bystanders, Wacoans or even law enforcement, each have a different backdrop, which will help those who view the image, to understand that the time of day matters quite a bit when trying to piece together what is being viewed.

Cossacks ABC hugging member | SS Tattoo and patches
Approximately 1pm on 05-17-15 the Cossack ABC – the Bearded fellow near the wall with a white cell phone in his hands (which was not included in Discovery) is hugging another Cossacks MC member | Also pictured are Army Veteran Kris Rhyne – left center – with an SS Tattoo on his left arm and Army Veteran Trey Short -far right- with SS patches on his cut. (Trey Short is now deceased) The MC Member being hugged – in front of ABC, as well as the member with his right arm in the tree branch – far left, and the tall lanky guy – right center – do not seem to be among those who were arrested on May 17th, 2015. The bearded man with a Yellow bandana in the back left pocket is Bryan Harper, as seen with blood on his hands after transporting several of his wounded brothers to EMS staging areas far away from where they were injured.

The images, details, facts, and a true account of what happened that fateful day in May, were all limited by Law Enforcement to such a degree, that one would now ask, “did they know they would have to lie to the public, in order to win in court?” (The answer: Yes. This is a mess of epic proportions.)

The definition of a “Sniper” from the United States Marine Corps is: “A USMC Scout Sniper is a Marine, highly skilled in fieldcraft and marksmanship, who can deliver long-range precision fire on selected targets, from concealed positions.

USMC scout snipers in front of SS flag 2011
USMC scout snipers in front of SS flag in 2011 (notice the scopes and long barrels of the Sniper Rifles.) The longer the barrel, the more accurate the weapon.

In February 2012, U.S. media reported that Marine scout snipers had been using the double Sig rune (ϟϟ, “SS”) in its “Armanen” form (Runic "ᛋᛋ") to symbolize their function since at least the 1980s. The same stylized double rune was the symbol of the SS, the Nazi organization that was instrumental in conducting the Holocaust. Strong media criticism of this practice ensued. The Commandant of the Marine Corps gave orders to stop it, issued an apology, and ordered an investigation into the prevalence of this practice.”

The use of the Runic "ᛋᛋ" in Motorcycle culture is very guarded and not very clear as to the importance of the insignia for select members. From what is known of the symbol in the American Marine Corps is that it is used for the elite soldier to signify their elite talents. Very much like the secretive and elite members of our Nations finest fighting forces, the misunderstanding of the general population towards their actions and use of symbols, is supposed to be unknown, or a grey area at best.

Some things are better left unsaid towards the civilian world when the elite arms of our “law enforcement” are used overseas it seems, however it is not regarded as legal to use at home on civilians.

The reader can perform a Google search and find results for “Drone Program Success Rate” and find that the use of technology and weaponized technology is not always the best solution. A sniper is the human factor that comes in between digital intelligence and a target, to ensure that the proper target is acquired and that lethal force is the only solution for the neutralization of said target. A drone is simply a robot that delivers a payload onto a target.

These symbols that the bikers wear are likely going to be one of those things that the general public will never understand until you sacrifice your life for the service of one’s country or one’s club.

Motorcycle Clubs are very family/military oriented, as Veterans like structure in the chaos of civilian life, they find that riding a motorcycle with another like minded person evokes that spirit well. Military folks miss the structure of military life, and the purpose that comes from unity.

That UNITY is what is under attack by the Federal Prosecutors from the Department of Justice.
Do NOT let misunderstood symbols sway your judgment in trying to figure out what things mean to other people.
To Federal Prosecutors, an MC member’s symbols are more lethal to you, than the average policeman. Think about that.

Screenshot of a Youtube video where Sig Rune symbols are used on a Mongols soft color shirt
Screenshot of a Youtube video where double Sig Rune symbols are used on a Mongols soft color shirt. Mongols are a majority Hispanic MC. This shirt would be considered a part of the Mongol Nation.

Sniper DPS Waco May 17 2015
Texas DPS Special Operations Unit Officer with Sniper Rifle in Waco on May 17 2015 approximately 6:30pm (image 3)

DPS Snipers Twin Peaks roof 5-17-2015
DPS Snipers on the Twin Peaks roof 5-17-2015 approximately 6:00 pm (image 2)

The sunset time for May 17th, 2015 in Waco Texas was 7:19 pm.

McLennan County Sheriff SWAT FNP90
McLennan County Sheriff S.W.A.T. member carrying an FNP90 @ approximately 1:30pm May 17th, 2015 (image 1)

McLennan County Sheriff's Department Sniper on May 18th 2015
McLennan County Sheriff’s Department Sniper on the morning of May 18th 2015 (Image 1a)

There are pictures of McLennan County Sheriff’s department “snipers” (images 1, and 1a), Department of Public Safety “snipers” (images 2, 3, and 4),
and there are pictures of Waco Police Department “Snipers” that might have fired their S.W.A.T. issued “sniper rifles” at civilians in the Don Carlos parking lots and Twin Peaks parking lots, however there was only one “sniper” rifle turned over to B.A.T.F.E. ballistics to be tested on behalf of all law enforcement, and that rifle belongs to former Army SSGT and Waco Police Department Officer Michael Bucher.

Waco Police S.W.A.T. were not the only “snipers” to have a firing position that day. The question of how many “snipers” were in position at Twin Peaks, still remains a mystery, as the definition of “sniper” has still not been presented to the public in open court. Perhaps that issue has been resolved in a Grand Jury setting, and we will never know.

WPD Officer with Assault Rifle with Silencer Directing traffic along I-35 in the Twin Peaks aftermath
WPD Officer Philip Zboril wearing an Assault Rifle with a “Noise Suppressor” whilst directing traffic along I-35 in the Twin Peaks aftermath

There were at least 3 possible DPS “snipers” as well.
The issue of the rifles involved by the multiple agencies, and their armory of record, is of very much importance to anyone familiar with the statute that forbids the military forces from being used against civilians. 18 U.S. Code § 1385 – Use of Army and Air Force as posse comitatus

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Where were McLennan county S.W.A.T. officers positioned in the Central Texas Market Place Shopping Center?

Where did McLennan County Sheriff’s S.W.A.T. officers receive their weapons used on May 17th, 2015? There were 40 – M-14 RIFLE, 7.62 MILLIMETER rifles purchased in January of 2007 from the 1033 Department of Defense Military Surplus program by McLennan County, for aiding police departments in acquiring military grade equipment.

The full list of inventory in the State of Texas for items purchased using the 1033 program – Purchasing Military Surplus, can be found here (Link is to an Excel Spreadsheet): STATE PROPERTY BOOK

The same 1033 program that sold Department of Defense Surplus Military Grade M-14’s to the DPS.

M14
M14

In the United States, the 1033 Program transfers excess military equipment to civilian law enforcement agencies. The program legally requires the Department of Defense to make various items of equipment available to local law enforcement.- “Shedding Light”. Defense Logistics Agency. Retrieved 2018-02-21.

As of 2014, 8,000 local law enforcement agencies participated in the program that has transferred $5.1 billion in military material from the Department of Defense to law enforcement agencies since 1997.[Poynton, Aaron. “Military & Civilian Resources: Doing More With Less” (PDF)] According to the Defense Logistics Agency, material worth $449 million was transferred in 2013 alone. Some of the most commonly requested items include ammunition, cold weather clothing, sand bags, medical supplies, sleeping bags, flashlights and electrical wiring. Small arms and vehicles such as aircraft, watercraft and armored vehicles have also been obtained.

The program has been criticized over the years by local media, by the Office of the Inspector General, U.S. Department of Defense in 2003, and by the GAO which found waste, fraud and abuse. It was not until media coverage of police during August 2014 Ferguson unrest that the program drew nationwide public attention; the Ferguson Police Department had equipment obtained through the 1033 program.[https://www.usatoday.com/story/opinion/2014/08/13/ferguson-police-michael-brown-militarization-column/14006383/]

President Obama signed Executive Order 13688 in May 2015 limiting and prohibiting certain types of equipment.

Korte, Gregory (18 May 2015). “Obama bans some military equipment sales to police”. USA Today. Retrieved 28 August 2017.]

On 28 August 2017 President Trump rolled back Obama’s Executive Order.[Johnson, Kevin (28 August 2017). “Trump expected to lift ban on military gear to local police forces”. USA Today. Retrieved 28 August 2017.] The ACLU and the NAACP have raised concerns about they call the militarization of police forces in the US. Attorney General Jeff Sessions announced the move early Monday morning of that week at the Fraternal Order of Police convention in Nashville, and said the president would do so by executive order.[Jackman, Tom (2017-08-27). “Trump to restore program sending surplus military weapons, equipment to police”. Washington Post. ISSN 0190-8286. Retrieved 2018-03-22.] At the same time, Attorney General Jeff Sessions and the director of the Fraternal Order of Police (FOP) pointed out the use of 1033 equipment as life saving devices seeing restrictions on distributing military surplus to police as “too far.” The FOP also pointed out that the armored vehicles weren’t tanks.

These weapons being issued to the Central Texas Sheriff’s offices are very likely remnants of their duties alongside the Secret Service during President Bush’s tenure, since their acquisition date was January 5th, 2007, as George W. Bush used the Waco Airport as a storage hanger for two Air Force One planes for transport to and from his Prairie Chapel Ranch in Crawford, Tx to Washington, D.C.

Prairie Chapel Ranch is a 1,583-acre ranch in unincorporated McLennan County, Texas, located 7 miles northwest of Crawford. The property was acquired by George W. Bush in 1999 and was known as the Western White House during his presidency.

Some of the most important questions of May 17th, 2015 that will never be answered in a court of law, are:

  • “Who was the highest ranking officer, and what agency are they formally assigned too, at the time of the first round fired at approximately 12:22 on May 17th, 2015?”
  • “What was the Standard Operating Procedure for each agency on May 17th, 2015, and was there a written SOP from training?”
  • “What about Situation Reports in writing in any form, perhaps a white board from training, or the rear of the S.W.A.T. Bread Truck, maybe even field notes from personal note pads from each officer?”
  • “How many Law Enforcement Officers fired their weapons from all of the 8 agencies on scene from 11:00am to 1:00pm on May 17th, 2015?”
  • Don Carlos Audio and Video
    Don Carlos Audio and Video

    “Where is the Don Carlos audio, as well as the other security cameras videos from both the Don Carlos patio and the outside driveway pointing at the far entrance shared by Twin Peaks and Don Carlos closest to I-35? And is that piece of evidence considered Brady evidence that the District Attorney’s office failed to disclose to the defense?”

  • “At what exact time did the Waco Police Department, McLennan County Sheriff’s office, Texas Department of Public Safety and supposedly no other agency, set up for the 1:00pm event at Twin Peaks, Don Carlos, Logan’s Roadhouse Steakhouse and Central Texas Marketplace parking lot?”

Below we see which agencies were positioned in or around the Central Texas Marketplace on May 17th, 2015 with enough warning, and training to hold a sniper position at Twin Peaks:

4 WPD officers Twin Peaks 5 17 15
4 WPD officers in front of Twin Peaks on 5-17-15 The officer with the LBV with white Police lettering is Michael Bucher (3rd from the left). Ben Rush is pictured far right.

  1. WPD Michael Bucher trading card
    WPD Michael Bucher trading card

    Waco Police Department Special Weapons Assault Team (S.W.A.T.) member, holding the sniper positions in their squad on May 17th, 2015 was Army Veteran Michael Bucher and

  2. WPD Heath Jackson officer of the year 2014
    WPD Heath Jackson officer of the year 2014

    Heath Jackson. Bucher & Jackson were in the same unmarked surveillance vehicle, which was parked, backed in to two parking spots with the rear of the vehicle taking up two spaces facing the 1-35 frontage road in the Don Carlos parking lot.

    Don Carlos WPD SUV Bucher-Jackson
    Don Carlos WPD SUV Bucher-Jackson
  3. Waco Police Department Sgt. O’Neil –
  4. Waco Police Department S.W.A.T. team leader and war trained Army Veteran Vrail George was on the B Side of the building near the empty Lazy Boy Retail building site and Verizon phone store and Logan’s Road House.

    Waco Police Department Vrail George trading card
    Waco Police Department Vrail George trading card

    Vrail George in the Army
    Vrail George in the Army

    Vrail George in the Army posing with Iraqi families
    Vrail George in the Army posing with Iraqi families

    Vrail George Facebook post where he reveals he feels called from above to do his duty and his job.
    Vrail George’s Facebook post where he reveals that he feels “called from above” to do his duty and his job as he posts an image of an angel slaying a demon with a sword on May 18th, 2015 under the user name Nick Fury.

    Vrail George in his LA Blues uniform in WPD SWAT operations on May 17th, 2015
    Vrail George in his “Los Angles Blues” uniform for W.P.D. S.W.A.T. operations on May 17th, 2015.

    George Vrail after SWAT operations for WPD at Twin Peaks May 17th, 2015
    George Vrail after SWAT operations for WPD at Twin Peaks May 17th, 2015 (what time did the diagram on the inside of the box truck, to the officer’s left, get drawn on the SWAT van wall?)

    Arial view of Waco Twin Peaks in 2015
    Arial view of Waco Twin Peaks in 2015

    Incident report WPD George Vrail-5-23-15 #1
    Incident report WPD George Vrail-5-27-15 #1

    Incident report WPD George-Vrail 05-22-15 #2
    Incident report WPD George Vrail 05-27-15 #2

    Incident report George Vrail-5-23-15 #3
    Incident report WPD George Vrail 5-27-15 #3
  5. WPD Officer Philip Zboril with purple gloves and “Noise Suppressor” on his rifle seen after the Twin Peaks incident directing traffic near I-35.

    WPD Officer with Assault Rifle with Silencer Directing traffic along I-35 in the Twin Peaks aftermath
    WPD Officer Philip Zboril wearing an Assault Rifle with a “Noise Suppressor” whilst directing traffic along I-35 in the Twin Peaks aftermath

    Waco Police Department SWAT team
    Waco Police Department SWAT team member Philip Zboril holding a Situation Report meeting after the Twin Peaks Ambush. Notes are being taken and written on the inside of the S.W.A.T. team Bread Truck walls. (Also not included in Discovery in the Carrizal Case)

     

  6. Jeremy Finch

    Waco Police Department Officer clearing the Don Carlos Parking lot
    Waco Police Department Officer clearing the Don Carlos Parking lot

    Jeremy Finch’s Incident Report can be found here:

  7. WPD Officer Joshua Fischer
    WPD Officer Joshua Fischer
  8. McLennan County Sheriff’s Office S.W.A.T. team member holding an FNP-90 who was reportedly seen firing several rounds into the crowd on Twin Peaks patio from his hidden position in between a maroon suburban and white SUV near the dumpsters in the area of the back door of Twin Peaks to the right side of the patio if facing Twin Peaks between Don Carlos, and remained firing during the WPD commands to stop firing. FNP-90’s are said to sound very similar to an automatic pistol. (This claim is UN-substantiated and can not be verified with the current evidence presented. The witness reported having warm rounds land on his back during the gun fire. Enhanced images from the video are below, as well as the original video capture by Don Carlos patrons.)

    McLennan County Sheriff SWAT FNP90
    McLennan County Sheriff S.W.A.T. member carrying an FNP90 @ approximately 1:30pm May 17th, 2015 (image 1)

Image of the Texas Department of Public Safety Criminal Investigations Division Operations plans
Image of the Texas Department of Public Safety Criminal Investigations Division Operations plans

Texas DPS Special Operations Unit from Company F included at least 5 individuals according to the (NOT PRESENT IN CARRIZAL’S DISCOVERY) – DPS CID OPERATIONS plan.

  1. Primary Case Agent: Chris Frost (could also be Shooter #2 described below)
  2. Secondary Agent: Captain Cory Ledbetter (Red Boots)

    DPS Special Agent Cory Ledbetter on Don Carlos Patio at 12:14pm May 17th 2015
    DPS Special Agent Cory Ledbetter on Don Carlos Patio at approximately 12:22pm on May 17th 2015
  3. First Line Supervisor: Lt. Steven Schwartz

    Lt. Steven Schwartz DPS Main States Witness in 3 Twin Peaks trials
    Lt. Steven Schwartz DPS Main States Witness in 3 Twin Peaks trials
  4. Second Line Supervisor: Captain Gabe Ortiz

    Texas DPS Gabriel Ortiz
    Texas DPS Gabriel Ortiz
  5. Mark Gerik

    Texas DPS Officer Mark Gerik
    Texas DPS Officer Mark Gerik
  6. Shooter #2 could be the lead DPS agent in charge of CID operations Christopher Frost or it also be Justin Overcast

    DPS shooter 2 Don Carlos patio 5-17-2015
    DPS shooter 2 Don Carlos patio 5-17-2015 (are those expended rounds from that rifle, on the ground beside shooter #2?)

  7. Who is the Law Enforcement Officer in the Blue Shirt and Police Vest seen below with Shooter #2, and DPS Cody Ledbetter?
    Could this Be Justin Overcast?

DPS Cory Ledbetter, DPS Shooter #2, and DPS in Blue Shirt likely coming from Don Carlos Patio on May 17th, 2015
DPS in Blue Shirt officer with DPS Cory Ledbetter and DPS Shooter #2, coming from their concealed position on Don Carlos Patio on May 17th, 2015

The question of whether or not there were “snipers” in place in the Central Texas Market Place on May 17th, 2015 will likely only be answered with a complete list of weapons issued w/ ammo count, to any person on the premises in a Law Enforcement capacity, as well as personal weapons w/ ammo count so that forensic ballistics could happen immediately. Which never happened, nor likely ever will happen.

What we do know is that there were several different types of officers, trained in SWAT team operations, conducting an operation that was trained for in advance – to use potential deadly force if necessary – on American civilians in a parking lot, in broad daylight, during Sunday Church Lunch Rush Hour.

This was an obvious military style operation, with military grade equipment, using military trained soldiers, turned policeman; targeting a political meeting, which was being held by Motorcycle Club members from all over Texas.

Who trained the local police force, local Sheriff’s Department members, Texas Department of Safety members, and Texas Alcohol Beverage Commission on this event?

What was the highest ranking Law Enforcement agency at Twin Peaks, and at what time frames, starting at 7am on the morning of May 17th, 2015?

Which Federal entity, both facilitated the weapons used against the bikers the day of Twin Peaks Ambush, as well as funded the training of the officers involved, at least the sponsorship of the organization conducting the training?

Awards Funding BJA for Steve Cook in 2000
Awards Funding BJA for Steve Cook in 2000

The Bureau of Justice Assistance is how the weapons got into state level law enforcement’s hands, and they also sponsored the Steve Cook training class in April 2015 at MCC on how to conduct an ambush on several Motorcycle Club members in May of 2015. Although ticket prices for the event were $300 a plate, the email did not go into details as to what that plate covered. Steve Cook the movie star is an expensive date.

What is there to do with all of this information at this juncture?

  • The Grand Jury has already cleared the officers involved in the shooting from any wrongdoing in McLennan County Courts.
  • One biker has already been to trial for Organized Crime and was found Not Guilty with a hung jury decision in McLennn County for their participation in the C.o.C.& I. meeting that took place at Twin Peaks on May 17th, 2015.
    In this trial there was Exculpatory Evidence withheld by the former prosecutions office, which was also discovery evidence and very important in Tarrant County cases against the Bandidos MC.
  • Disclosing the Brady Violations, to the team of defense attorneys now, who are still representing clients charged with crimes from these offenses, in a public venue, with full transparency and determination to correct the errors made thus far, would be the only way forward for protection against future libel actions with more Morton Violations soon to follow if the evidence is not disclosed.
  • Showing the Guilt of a crime committed by any one biker, (when the Law Enforcement Officers that were involved, set a trap to promote crime, violence or the use of deadly force,) will be hard to prove to a jury in any new trials going forward, which is a huge personal liability claim against every single member of the agencies involved in the training to “entrap” civilians.
    Public Servants are allowed to object to an order given, and trained in steps to avoid dangerous situations for civilians. There is NO excuse for any tax paid public servant to follow an order to do harm to another human followed by training in which to do so, and also have no plan to de-escalate the situation.
  • Creating the Nexus between “Operation Texas Rocker” and the current Federal prosecution(s) of the former leadership of the Bandidos MC would allow for a solid defense for those prosecuted to include all cases against the Bandido Nation in any jurisdiction within the United States.
    Tying Waco in with these cases is easy to do with one person, who was present at Twin Peaks, and Gators Jam Inn or very close proximity, and also has a CLEAT attorney.
    Tarrant, Ellis, Limestone, McLennan, Bell, and surrounding counties cases can all be used in defense in the Federal cases, as well as Twin Peaks charges, and the Anderson threat, from Miss Boggess, would show obstruction of justice if not allowed. There will likely be one name that stands out among each documents signature for warrants.

  • Fusion Center Data would be attainable for use in defense against all past and future cases, and the methods of acquiring said data, which would turn into a 1983 Civil suit, when evidence shows illegal methods of collecting data, and this would set the dominoes falling down around the over zealous federal prosecutors in California.
  • Molecular testing of any evidence involved against the Bandidos MC in the United States would be required. Eliminating the chance that the substances did NOT first come from BATFE and DEA churn investigations from around the country would be essential in forming a solid defense to the false accusations against Motorcycle Club Members Nationwide.

BATFE a1336 churning investigations 2013
BATFE a1336 churning investigations 2013

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible for the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives, acts of arson and bombings, and illegal trafficking of alcohol and tobacco products. In conducting its undercover operations, ATF may participate in transactions that are normally prohibited by federal law. In most of these illicit transactions, ATF uses appropriated funds to make any purchases and deposits any proceeds into the Department of the Treasury’s General Fund.
However, in 2004, ATF was granted the same authority previously provided to the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) to use proceeds generated from these undercover operations to offset necessary and reasonable operational expenses related to the same operations. ATF refers to this authority as “churning authority,” and to cases that use such authority as “churning investigations.” To date, the ATF has used this authority only to investigate tobacco diversion, which involves efforts to evade state, local, or federal tobacco taxes.
The Office of the Inspector General (OIG) conducted this audit to determine whether ATF: (1) properly authorized income-generating undercover operations (churning investigations); and (2) provided adequate management and oversight of its churning investigations.1 Our audit included a review of 20 of the 36 churning investigations conducted by ATF between February 2006 and June 2011 that generated total reported revenues of nearly $162 million. – AUDIT OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
AND EXPLOSIVES’ USE OF INCOME-GENERATING,
UNDERCOVER OPERATIONS

The entire report can be seen here:

    • If you were involved in the Waco Twin Peaks Ambush, and you have a civil attorney for 1983 claims, please discuss the above provided information with them concerning the potential, personal liability, against the officers involved for deadly use of force.

They had the opportunity to refuse any unlawful order.

    • Who instructed the officers involved that deadly use of force was necessary against those gathering in the Twin Peaks parking lot?
    • Were there any standing orders to allow a fight to happen between the two clubs, and to only return fire if fired upon, or was it when they hear shots fired?
    • What was the Rules of Engagement for when deadly use of force would occur?

“Federal law enforcement components used more than 16,000 confidential informants in fiscal year 2013 as part of criminal investigations. Informants can be critical to an investigation, but without appropriate oversight, problems can occur that undermine the credibility of the informant’s role in an investigation. The Attorney General’s Guidelines sets forth procedures on the management of informants, including vetting potential informants and overseeing informants’ illegal activities that components authorize to support an investigation.”

Best of Luck to everyone involved who is innocent and had no idea that the LEO of the situation would be involved or a part of the trap, on both sides of the parking lot.
The next chapter will be focused on a solution plan to the events that have taken place.