Governor wants new anti-gang center for Waco

Waco, Texas, USA (February 8, 2019) BTN — Hoping to build on the successes of six anti-gang centers across the state, Texas Gov. Greg Abbott is proposing to add two new crime-fighting centers, including one in Waco.

Abbott announced plans for new Texas anti-gang centers in Waco and Tyler in September and reiterated his resolve to fund the creation of the two new centers and to give additional funding for the six existing centers, during his state of the state address this week.

Aftermath of police massacre in Waco, Texas  

“The State of Texas is sending a message to criminals and gang members that any attempts to compromise the safety of our communities will not be tolerated,” Abbott said. “My top priority as governor is keeping Texans safe, and these latest proposals will help me do just that.”

The anti-gang centers involve local, state and federal law enforcement brought together under one roof to cooperate, share information and crack down on violent criminal activity, officials have said. The existing centers in Houston, San Antonio, McAllen, El Paso, Lubbock and Dallas, have achieved significant success in curbing gang activity governor’s office spokesman John Whitman said.

“The governor has said we know that these work because we have seen the results,” Whitman said. “In 2017, 1,400 criminals associated with gang-related activity were taken off the street in the Houston area. We have seen the results and we need to replicate that around the state, and the next two places we are proposing to do that are Waco and Tyler.”

Related | Waco: Police Opened Fired On Bikers Witnesses Say

Archive | Waco Shooting History

Abbott has requested $7.1 million to continue funding for existing anti-gang centers and the two proposed centers, Whitman said. The Waco City Council approved a resolution Tuesday for the city to submit a $3.5 million criminal justice grant request to the governor’s office to fund the Waco center. If awarded, there would be no matching local funds required, Whitman said.

Funding is contingent on approval from the Texas Legislature, but Whitman said the governor has widespread support from lawmakers for most of his criminal justice proposals. The grant awards will be released in September, he said.

Waco police Sgt. W. Patrick Swanton said if the money is allocated for the center in Waco, there is no specific timeline to have it operational. He said it will take time to find an appropriate location, furnish and equip it and select and possibly train officers who will participate.

Waco police Sgt.W. Patrick Swanton still in denial of what really happened

“As a department, we are very proud that the governor thought enough of us to ask us to be a part of this,” Swanton said. “It also is a big deal for our community because it will make our city safer. If you look at our past history, we know that gangs are here. We had outlaw motorcycle gangs that disrupted our community several years ago. There are prison gangs. MS-13 is here. Mexican Mafia members are here. Other prison gangs, the Bloods, Crips, they are here. We kind of run the gamut from everything from large organized prison gangs to your little neighborhood wannabe gangs. The officers will deal with those and try to cut off the head of the snake.”

Swanton said Waco likely was selected because of its central location, its gang presence and the May 2015 midday shootout at the former Twin Peaks restaurant between rival biker groups, Bandidos and Cossacks, that left nine dead and 20 wounded. 

“Gang members are some of the worst criminals out there, and our history with the Bandidos and Cossacks show the level they are capable of,” Swanton said. “They could care less about the citizenry. When you have a shootout in a very open mall area in the middle of the day, they don’t care about citizens and their safety. They could care less about who is in their way or who gets hurt, and that is what we are trying to combat.”

Cover up continues - Follow the money

Besides local agencies like police departments and sheriff’s offices, anti-gang centers typically include investigators from the Texas Department of Public Safety and federal agencies, including possibly the Drug Enforcement Administration, FBI, Homeland Security, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service, DPS spokeswoman Katherine Cesinger said. Anti-gang officers also work closely with state and federal prosecutors, Cesinger said.

The state’s first anti-gang center was established in Houston in 2012.

“Gangs and their associates are a significant threat to public safety, not only because of their penchant for violence and criminal activity, but also their relationships with other criminal organizations, such as Mexican cartels,” DPS Director Steven McCraw said in a statement. “The TAG centers utilize a proven strategy to increase safety in our communities by seamlessly coordinating local, state and federal resources in an effort to identify, disrupt and prosecute ruthless gangs operating in our communities.”

State Rep. Charles “Doc” Anderson, R-Waco, said he expects support for the measure in the House and Senate. He said Interstate 35 and U.S. Highway 77 provide natural corridors for drug and human traffickers, and Abbott’s proposed anti-gang center will help combat those major crime areas.

“I really appreciate the governor supporting law enforcement in our area that way,” Anderson said. “There are others around the state that have done well, and I am pleased the governor is helping to protect us in our area and I believe it most likely will come to fruition.”

SOURCE:  WacoTribune-Herald

Hells Angels want clubhouse back

Haarlem, Amsterdam (February 7, 2019) BTN — The Hells Angels Haarlem Foundation fights Tuesday morning at the Council of State the closure of their home base at the Baljuwslaan.

Hells Angels MC Clubhouse in Haarlem

The Haarlem motorcycle club has stepped to the Council of State to have the closure of the building undone.

Mayor Jos Wienen decided in 2017 that the clubhouse of the Hells Angels had to be closed. According to Wienen, the reason to close the building was - firearms and drugs were found in a raid – and are very convincing. 

The club does not agree with the Mayor, who refuses reopening of the building

But according to the lawyer for the Hells Angels, the 'bad apples' have been removed from the club and the clubhouse could be opened again. A decision must be made within 6 weeks. The foundation claims that it has not been proven that the public order is disrupted by the reopening of the club house.

SOURCE:  HaarlemsWeekblad

Cop and firefighter ringleaders in drug ring

Middletown, NY  (February 6, 2019) BTN — A Middletown firefighter and a retired Spring Valley police officer were among the dozens arrested as part of a sweep of allegedly drug dealing bikers in Orange County Tuesday.

Authorities say more than 20 people were taken into custody when search warrants were executed at 15 locations in connection with two separate drug rings, with the same man -- fire Lieutenant Paul Young -- at the center of both.

Related | New York State Police Press Release

In all, 29 people were targeted for arrest, and investigators say leaders of the drug rings were so brazen that they sometimes met at the fire house.

Officials say the investigation, dubbed "Operation Bread, White and Blues," centered on several motorcycle organizations that allegedly distributed cocaine, fentanyl, marijuana and steroids.

The suspects were identified as:

--Paul Smith, 48, of Deerpark

--Robert Dunham, 46, of Middletown

--Marquis Gable, 34, of Nyack

--John Beltempo, 49, of New Windsor

--Kenneth Nunez, 39, of Spring Valley

--Garry Michel, 48, of Wallkill

--Joel Gamble, 44, of Cuddebackville

--Samuel Marino, 30, of Campbell Hall

--Arthur Mays, 30, of Middletown

--George Thomas, 61, of Bloomingburg

--David Lebel, 55, of Middletown

--Jennifer Peterson, 46, of Chester

--Vincenza Ferrante, 35, of New Windsor

--Shawn Daniels, 52, of Monroe

--Salvatore DiStefano, 36, of Westtown

--Melissa Delrosso, 35, of Middletown

--Raymond Chong, 49, of Middletown

--Tara Schoonmaker, 48, of Wurtsboro

--Crystal Crozier, 36, of Middletown

--Donald Johnston, 46, of Middletown

--Anthony Fields, 44, of Middletown

--Desmon Pierson, 36, of Middletown

--Dominick Guardino, 55, of Middletown

--Sunshine Wall, 40, of Cuddebackville

--Nicholas Ciccone, 47, of Port Jervis

--Charles Kavanaugh, 31, of Newburgh

--Gary Caldwell, 33, of Wappingers

--Justin Antona, 27, of Slate Hill

--Andrew Bendig, 23, of Middletown

The drugs reportedly came from both domestic and foreign sources, with the suspect allegedly selling the drugs throughout Orange County.

Most raided locations were in Orange County, but one location where the bikers allegedly purchased the drugs was at the Warren Hills apartment complex in Nyack, Rockland County. Authorities say they were then sold in Orange County.

State police, DEA agents and the FBI agents executed the warrants. Law enforcement officials recovered more than $200,000 in cash, 25 handguns, one assault rifle, multiple rifles, 10 vehicles, two motorcycles, more than 2.5 pounds of cocaine and 1,300 Fentanyl pills.

Authorities say Smith, a paid lieutenant of the City of Middletown Fire Department, has been charged with crimes including operating as a major trafficker as the alleged ringleader of both operations, working in tandem with Dunham.

Gamble and Michel, also charged with crimes including operating as major trafficker, are alleged to have been "profiteers" in the conspiracies to sell cocaine and narcotics pills. It is alleged that it was Gamble's role to provide cocaine to other members of the conspiracy, while Michel was to sell narcotic pills that were marketed to buyers as containing oxycodone but which actually contained fentanyl.

The pills were colored, stamped, and marked to appear to be oxycodone pills.

Beltempo previously worked for the Village of Spring Valley Police Department, the Orange County Sheriff's office and the Town of Wallkill Police Department.

SOURCE:  ABC7 

Alleged Montréal Hells Angel member nabbed

Montréal, Québec  (February 6, 2019) BTN — An alleged member of the Hells Angels’ Montreal chapter is expected to appear before a judge at the Montreal courthouse on Wednesday after having avoided arrest in an organized crime investigation for 10 months.

In April last year, the Sûreté du Québec alleged Daniel-André Giroux was a member of the gang’s Montreal chapter, which is now more than four decades old. The SQ had just arrested dozens of people in Project Objection, a lengthy investigation into four drug trafficking networks throughout Quebec that had tentacles that reached into Ontario and New Brunswick.

Giroux, 48, was one of several men who could not be found when members of the Escouade nationale de répression du crime organisé (ENRCO) carried out arrests and search warrants. On Tuesday, the Sûreté du Québec tweeted that Giroux was arrested in Dominican Republic and that he is expected to be formally charged at the Montreal courthouse on Wednesday. The provincial police force noted that Giroux was on Quebec’s 10 most wanted list before the arrest was made.

Giroux faces five charges in Project Objection including two counts related to drug trafficking, another two alleging he committed crimes for the benefit of a criminal organization and conspiracy.

He was charged on an indictment along with 11 other people, including three other full-patch members of the biker gang; Michel (Sky) Langlois, Louis Matte and Stéphane Maheu. In October, Maheu, a member of the gang’s South chapter, ended his run on the lam and pleaded guilty to drug trafficking, gangsterism and conspiracy on the same day he made his first court appearance and was sentenced to a six-year prison term, the longest sentence in Project Objection so far.

SOURCE: The MontrealGazette

Outlaws MC member can't have job back

Tampa, FL (February 5, 2019) BTN — A federal arbitrator says Hillsborough County was justified in firing a Fire Rescue medic who belonged to the Outlaws Motorcycle Club, noting the negative attention his membership brought the county.

Clinton Neal Walker, 35, of Bradenton, was fired a year ago after an internal investigation concluded he had “unwavering loyalty” to the Outlaws, long considered the state’s dominant motorcycle club.

He was the first Hillsborough employee to be investigated for gang activity under a series of county ordinances that prohibit membership in any organization the state or federal government considers criminal, including the Outlaws St. Petersburg Chapter where Walker was a member.

Arbitrator Charlotte Gold released her ruling in mid-January, ending a year-long fight by the local chapter of the International Association of Fire Fighters to save Walker’s job. Her report provided new insight into biker gang culture within the county’s fire department and throughout the Tampa Bay area.

“HCFR employees, including chiefs and a fire medic, attended MC (motorcycle club) events,” Gold wrote, and “many of its members were ex-military.”

Walker earned a Bronze Star, among other medals and awards, while in the U.S. Marine Corps. And as a county firefighter he was awarded a Medal of Valor. 

But Walker also had a long disciplinary history and “conducted himself in a manner that was detrimental to the department,” Gold wrote.

“The conclusion is inescapable that he affected the county’s standing in the community,’’ Gold wrote in her report. “His behavior ultimately reflected poorly on the county and his profession in general.”

Walker testified he had resigned from the Outlaws in October 2016, before the county issued a directive prohibiting all employees from “being a member of or voluntarily participating with any outside gang, as defined in the FBI’s 2015 National Gang Report.” The ban came two months after Walker was arrested in Key West for throwing the first punch in a bar fight that left two employees injured and involved as many as 15 other Outlaws, one wearing a T-shirt with a swastika on it and others who used racial slurs.

Walker ultimately negotiated a plea deal for the Key West fight and received a paid suspension from the county for 30 days. He was still serving that suspension when now-retired Hillsborough County Fire Rescue Captain James Costa, then president of the Outlaws St. Petersburg chapter, was shot by members of the rival 69ers Motorcycle Club while riding his motorcycle in south Hillsborough in July 2017. 

According to the report, Costa fired back. The shooting has since been tied to the shooting death of another Outlaw, Paul Anderson, in December 2017.

Walker was one of about 10 Outlaws who got a call from Costa and another Hillsborough County Fire Rescue medic telling them that Costa was being taken to a medical center in Manatee County with bullet wounds. 

Though he wasn’t on duty, Walker dressed in his Fire Rescue uniform and accompanied Costa into the hospital, taking his motorcycle vest with Outlaw insignia and initially refusing to turn it over to law enforcement.

“By wearing his HCFR t-shirt at the hospital, he gained favor for himself in violation of the county’s uniform regulations,” Gold wrote in her report. “He then proceeded to place the interests of a friend and mentor — an individual who continued a strong relationship with a motorcycle gang — over and above those of law enforcement.”

According to the report, Fire Rescue management has known about both Walker and Costa’s membership in the Outlaws since about 2008. Costa joined the Outlaws in 2002, and recruited Walker while working as his supervisor in Sun City Center’s Fire Station 28.

The new rules, and the ensuing investigation into Walker’s conduct, happened as a wave of bar brawls, bad behavior and execution-style killings between rival biker gangs swept across the Tampa Bay area, implicating firefighters in Hillsborough, Polk and Pasco counties.

SOURCE:  Tampa BayTimes

Two Pagan's MC members plead guilty

Jacksonville, FL (February 4, 2019) BTN – Two local men are among the 17 people who have been taken down as part of an anti-drug trafficking operation targeting what the US Attorney’s Office for the Middle District of Florida calls “outlaw motorcycle clubs”.

Prosecutors say these conspirators, some of who are part of the Pagan's Motorcycle Club, are responsible for hundreds of grams of meth being on the streets of Florida, including in Jacksonville and St. Augustine.

Robert Foster, of St. Augustine, has pleaded guilty to conspiracy to possess meth with intent to distribute and possession of meth with intent to distribute. His plea agreement says he took part in a group that was responsible for distributing kilos of meth from Georgia to other trafficking groups in Florida. The drugs were largely moved to Central Florida, but the plea agreement says they were brought to St. Augustine as well. Foster specifically admits to conspiring to distribute at least 150 grams of meth. He further admits to, on a single occasion in April 2018, purchasing 137 grams of meth that was 99% pure.

Salvador Rivas, of Jacksonville, has pleaded guilty to his part in a related organization, although not directly the operation that Foster was involved in. He faces one count of possession of meth with intent to distribute and two counts of distribution of meth. The leader of the organization Rivas was in is responsible for distributing kilos of meth in Florida, according to court records, with some of that coming to Jacksonville. Rivas served as a runner, and his plea agreement says he conspired to distribute more than 500 grams of meth from around November 2017 through September 2018. He further admits to distributing nine ounces of 96% pure meth in exchange for $1800 in one incident in Daytona Beach, and exchanging 561 grams of 92% pure meth for $3800 in an incident in Jacksonville.

The other suspects who have pleaded guilty as part of this targeted investigation include 47-year-old Barbara Caylor-Hernandez, of Ormond Beach; 44-year-old Ramiro Fraire-Chavarria, of Dalton, GA; 47-year-old Michael Babin, of Daytone Beach; 28-year-old Melanie Kerr, of Daytona Beach; 41-year-old Keith Simmons, of Oak Hill; 51-year-old Carla Ray, of Oak Hill; 49-year-old Spencer Burkard, of New Smyrna Beach; 54-year-old Daniel Barbarino, of Daytona Beach; 33-year-old Andrew Shettler, of Palm Coast; 47-year-old Brian Burt, of Port Orange; 55-year-old Lawrence Sann, of Bunnell; 33-year-old Michael Andrews; 38-year-old Jason Stringer, of Daytona Beach; 35-year-old Melissa Ford, of Daytona Beach; and 53-year-old Theodore Bilski, of Daytona Beach.

Both local suspects could face up to life in prison. Their sentencing dates have not yet been set.

These indictments stemmed from FBI and DEA investigations that involved controlled drug purchases by an undercover officer and several confidential informants, as well as intercepted telephone conversations.

SOURCE:  WOKV

Former Bandidos MC member found guilty

Jones County, Texas (February 1, 2019) BTN – A jury found Wesley Dale Mason guilty of murder in the shooting death of an Abilene man Wednesday.

Mason, who is a former member of the Bandidos motorcycle club, shot and killed Dusty Childress in March 2017 on County Road 341, just east of the Abilene Environmental Landfill.

Mason asked the jury to decide his sentence. The jury began the sentencing phase Wednesday afternoon and continued Thursday morning. The defense brought four character witnesses to the stand in front of the jury on Thursday.

Mason's bail bondsman, who also rented a residence to the defendant, told the court that he had never had trouble with him.

A friend of Mason's for approximately five years, stated that she never felt in danger around Wesley. She mentioned that she had been around gatherings of Bandidos, but did not feel unsafe around them. She was woman that Wesley went to after the shooting in 2017.

The defendant's father, testified that he has maintained a positive and healthy relationship with his son. He stated that Wesley was in the U.S. Navy for several years and that he had two daughters. "Wesley never harmed anyone growing up, and he loved kids." Chuck is not known to have ties to the Bandidos.

Mason's mother was the last character witness to take the stand Thursday. She stated that Wesley would never kill anyone on purpose.

Closing arguments were presented and the jury deliberated for sentencing.

On Wednesday additional people took the stand like Mason's probation officer. She said the Bandidos are a dangerous gang.

Also a self proclaimed motorcycle "gang" expert said he wouldn’t feel safe being in a room with Mason.

SOURCE: San Angelo LIVE

Mongols Motorcycle Club vows to fight trademark loss

Los Angeles, California (February 1, 2019) BTN  – The federal government said they're a convicted criminal gang, and Hells Angels consider them enemies. They call themselves the Mongols Motorcycle Club - and they're one of the largest Motorcycle Clubs in the world.

"It's about honor, respect and pride," David Santillan said.

But for this East L.A.-born brotherhood, the last few years have been a fight for survival. They've been under federal indictment for the last decade. And recently, a federal jury in Santa Ana convicted the national club of racketeering, racketeering conspiracy for murder, attempted murder and drug dealing.

Related | Mongols MC lose federal case against patch 

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Related | Mongols MC found guilty of racketeering

Related | Feds betting Mongols MC will not survive 

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Related | Jesse Ventura defends Mongols MC in federal court

Related | Feds attempt to seize Mongols MC trademarked logo

Related | Mongols MC: Feds going after clubs colors at racketeering trial

More than 75 of their members were convicted - including their former president Ruben "Doc" Cavazos. But the biggest blow of all - hit them where it hurts the most, they lost the rights to their trademarked emblem.

"What the patch means to me and to all my brothers when we ride, it's like a ring in a marriage. It symbolizes our loyalty and commitment to the Mongols Motorcycle when we're out there riding together as a club." Santillan said.

Santillan, known as "Little Dave" by club members, is the new national president of the Mongols. He's been on the front lines of the group's fight against the government, to keep the rights to their sacred symbol.

"This is a lifestyle. A culture. A way of life for us. To me, it's a lifetime commitment. I've been in this club going on 23 years," he said.

The infamous patch is a caricature of the founder of the ancient Mongol empire, Genghis Kahn. Prosecutors argue, in order to get or keep their patches, members are encouraged to commit crimes. It's why they've been fighting for years to strip the club of their logo.

There's still a lot of secrecy around the patches and how members obtain them. But if there's one thing club members, their lawyers and prosecutors agree on -- the symbol is a pivotal part of the club's identity.

"If they take away our patch, they can take away everyone else's. It would be a domino effect if they take the case in law for the future, so I don't see us going anywhere. We're just going to continue fighting until the wheels fall off," Santillan said.

U.S. District Judge David O. Carter also doesn't seemed to be fully convinced about stripping the club of their logo. He's invited civil rights groups, first amendment lawyers and trademark attorneys to weigh in on the implications.

"Never before in U.S. History has the government come and tried to ban a symbol. Think about that for a second. How many symbols are there in the United States, from wedding rings to religious symbols? All kinds right?

If the government can take and ban a symbol, where does that leave everyone else? And who's next? That's really what we have to look at. That's a really slippery slope," said Mongols general counsel Stephen "Bow Tie" Stubbs.

This case is getting the attention of other motorcycle groups. It's even rumored that their arch-rivals Hells Angels, despite their checkered and deadly relationship with the Mongols, are donating money to fight the cause.

Santillan said the club has spent more than $1 million over the past decade, through fundraisers, donations and club dues, and they won't stop fighting until they win.

"It's a matter of principle at this point - and pride. We're not going away and they're not going to kick us to the curb. Like I said before, we're going to do this until the wheels fall off. We don't care, at any cost," he said

SOURCE: ABC7

Gypsy Joker MC members face charges

Portland, OR (February 1, 2019) BTN  – Six members and associates of the Gypsy Joker Motorcycle Club have been charged by a federal grand jury, according to the U.S. Attorney's Office - District of Oregon.

The five-count superseding indictment includes charges of racketeering, kidnapping and murder.

From left to right top row: Kenneth Earl Hause, Mark Leroy Dencklau and Earl Deverle Fisher. From left to right bottom: Ryan Anthony Negrinelli and Jospeh Duane Folkerts.

Those charged include:

Kenneth Earl Hause, 61 of Aumsville, who is the National President

Mark Leroy Dencklau, 58 of Woodburn

Earl Deverle Fisher, 48 of Gresham

Ryan Anthony Negrinelli, 36 of Gresham

Jospeh Duane Folkerts 61 of Battleground

A sixth defendant was not named. All are members and associates of the club and are charged with conspiring to conduct and participate in the activities of a racketeering enterprise.

With the exception of Hause, the U.S. Attorney's Office said the other five defendants also face charges of murder in aid of racketeering, kidnapping in aid of racketeering resulting in death, kidnapping resulting in death and conspiracy to commit kidnapping resulting in death for the June 30 to July 2, 2015 kidnapping and murder of Robert Huggins.

Huggins was a former Gypsy Joker MC member and resident of southeast Portland. The five defendants are accused of killing Huggins to maintain and increase their positions in the criminal club.

“According to the indictment, since at least 2003, the Gypsy Joker Motorcycle club have engaged in a wide range of crimes, including kidnapping, murder, drug dealing, robbery, extortion, and witness tampering,” said Assistant Attorney General Benczkowski.

“Thanks to the efforts of ATF, the Portland Police Department, and federal prosecutors, we will work hard to hold accountable the leaders and members of this brutal and highly organized gang for their alleged crimes.”

“Kenneth Hause is the leader of a criminal organization that, through its many chapters and support clubs, has sowed violence and intimidation throughout the Pacific Northwest. This is an organization whose members and associates pride themselves on living outside the law and use kidnapping, assault, murder and other forms of violence to extend and maintain their power. 

Kenneth Hause and his co-defendants will soon face the consequences of their crimes thanks to a seamless partnership of federal, state and local law enforcement agencies,” said U.S. Attorney for Oregon Billy J. Williams.

The superseding indictment states the Gypsy Joker MC preserves, promotes and protects its power, territory and profits through violence and intimidation as well as enriches its members through extortion, robbery and the distribution of narcotics.

According to the U.S. Attorney's Office, the Gypsy Joker MC is known for using fear through its members and associates as a tactic for establishing and maintaining its power.

Additionally, the club oversees several support clubs in both Oregon and Washington, including the Road Brothers Northwest Motorcycle Club, Solutions Motorcycle Club, Northwest Veterans Motorcycle Club, High-Side Riders, and the Freedom Fellowship Motorcycle Club.

The U.S. Attorney's Office said Dencklau, Fisher and Tiler Evan Pribbernow, 37 of Portland, were first charged in a four-count indictment that was unsealed in July 2018.  Pribbernow pleaded guilty to a single count of conspiring to conduct and participate in the activities of a racketeering enterprise on November 7, 2018. Dencklau and Fisher are detained pending trial.

Along with the criminal charges brought against the five named defendants in the superseding indictment, the government is seeking forfeiture of a property in Salem that is used as a Gypsy Joker MC clubhouse.

SOURCE: FOX12 Oregon

Blue Angels MC members threaten rival club

Leeds, West Yorkshire (January 30, 2019) BTN – Leeds Crown Court heard the defendants were wearing “motorcycle club attire” when they turned up at the house and began “shouting and bawling” and making threats.  Howard Shaw, prosecuting, said the complainant - known as ‘Spike’ - had previously been a member of the Blue Angels until leaving the club in 2015.

Explaining the background to the incident on July 27 last year, the prosecutor said: “It appears some kind of falling out went on and he was warned in 2015 not to associate with any motorcycle club ever again and, according to the complainant, was assaulted.” Mr Shaw said the man then joined the rival Mongrel Mob club. He added: “He claims to have been high up within the ranks of the club, becoming the European Secretary.”

The court heard the four men turned up outside the property in Beeston around 9.30pm in a Nissan Navara while the man was at his home with family and friends. Mr Shaw said: “The four defendants were wearing motorcycle club attire and then engaged in shouting, bawling, threats and finger pointing. “They did not enter the garden but their conduct was such that the complainant threw out, from the first floor window, his motorcycle jacket which had the insignia of his own club. “With that, the defendants left and drove off.”

Mr Shaw said the man only contacted police because there was “an unwritten rule” among motorcycle clubs that no such visits would be paid to members’ homes when family were present. All four men were arrested and refused to comment. They were later identified at an identification procedure. The men were initially charged with robbery.

The complainant refused to attend court to give evidence against when they were due to go on trial on Monday The defendants pleaded guilty to threatening behaviour and were made the subject of 12-month community orders. 

Recorder Richard Thyne said: “The offence is aggravated on any view by the fact that it was planned, you were in a group, there was a history of bad feeling and it was in a residential street at night. “Each of you in the past has been capable of serious criminality and your conduct on that evening has to be viewed in that context.” 

Those sentenced were: David Hansbury, 49, of Midland Road, Hyde Park, Leeds.

He was made the subject of a two-month electronically-tagged curfew order. Hansbury has previous convictions for robbery, affray and firearms offences. 

David Torr, 55, of Miles Hill Avenue, Scott Hall, Leeds. Ordered to do 40 hours of unpaid work. He has convictions for robbery, assault and possession of an offensive weapon. 

Steven Clayton, 59, of Meadow Road, Bradford, Ordered to do 45 hours of unpaid work. He has convictions for affray, wounding and possession of an offensive weapon.

Martin Booth, 48, of Crook Farm Caravan Park, Shipley. Ordered to do 45 hours of unpaid work. Booth has previous convictions for possession of a prohibited firearm.

SOURCE: Yorkshire Evening Post

Hells Angel MC member pleads guilty

Staunton, Virginia (January 29, 2019) BTN – In a surprising development, three members of the Hells Angels motorcycle club and a prospect pleaded guilty Tuesday in connection with a September ambush at the Hometown Inn that saw a rival motorcycle club member shot and another beaten.

Both men survived the attack.

In Augusta County Circuit Court on Tuesday, one of the alleged shooters, Anthony Milan, 28, of East Elmhurst, New York, a Hells Angel prospect at the time of his arrest, pleaded guilty to malicious wounding by a mob and use of a firearm in the commission of a felony.

Related | Pagans MC: We were ambushed by the Hells Angels MC

Related | Hells Angels MC members charged with violence

"He was a triggerman," Augusta County prosecutor Tim Martin said.

Milan was sentenced to eight years in prison.

Three other defendants, none of them one of the two shooters, were sentenced to four years in prison. Nathaniel A. Villaman, 28, of East Brunswick, New Jersey; Joseph Anthony Paturzo, 52, of the Bronx, New York; and Richard E. West, 53, of Baldwin, New York, all pleaded guilty to malicious wounding by a mob.

The second shooter is alleged to be Dominick J. Eadicicco, 48, of Staten Island, New York. He is scheduled for trial March 18.

Martin said he was pleased with the guilty verdicts, and noted: The shooting victim was not cooperating with authorities and wouldn't be a witness at trial.

Motions in the case were scheduled to be heard Tuesday before the plea deals were reached.

Two other Hells Angels members who were not charged in the attack face drug and gun charges.

Earlier evidence showed ambush

Motel video surveillance viewed at an earlier bond hearing in October showed five Hells Angels were lying in wait after two members of the rival Pagans Motorcycle Club were spotted across the street at the Pilot Travel Center during the early-morning hours of Sept. 10.

Roughly 90 minutes later, shortly before 3 a.m. as the two Pagans pulled into the motel parking lot on their motorcycles, an ambush was unleashed, video evidence showed.

One of the Pagans was shot, the other knocked off his motorcycle and beaten with a hammer.

Prior to the shooting, after the two Pagans were seen at the travel center, one of the motorcycle club members rousted four others from their rooms at the Hometown Inn, which is near Greenville.

After the men took off their Hells Angels gear and changed into different clothing, one of the Hells Angels kept close tabs on the Pagans across the street with binoculars. Another was seen holding an iPad in their direction as he presumably filmed them, video evidence showed. Other Hells Angels club members were nearby.

When the Pagans went to the Hometown Inn, the clerk, unaware there were now rival gang members registered at the motel, gave them a room next to one of three rooms rented by the Hells Angels, according to evidence.

As the Pagans pulled up to their room, one following the other, the second rider was knocked off his motorcycle as it was still moving. The rider in front wiped out as he attempted to escape the ambush, skidding his bike to the ground. As he ran, two Hells Angels opened fire on him, video showed. An investigator testified four to five gunshots were fired.

The victim was struck once in the lower left side of his back. He survived the shooting and was released from the University of Virginia Medical Center in Charlottesville after a week-long stay, according to testimony.

The beating victim was not seriously injured.

Both victims were members of the Pagans Motorcycle Club out of southern Virginia, the sheriff's office said.

Seven suspects were arrested at the scene. Two guns and a shell casing were recovered at the motel by investigators.

At a press conference held after the shooting, Augusta County Sheriff Donald Smith said both groups were passing through the area following an unidentified convention.

SOURCE: News Leader

Hells Angel MC member arrested after car ramming

Franklin, Indiana (January 28, 2019) BTN – About 57 pounds of marijuana were found in a Franklin home early Saturday morning after police were called to the neighborhood because a vehicle was repeatedly ramming a parked car in a driveway.

The incident, which got the attention of neighbors and required the SWAT team come to the scene, unfolded in the Franklin Lakes neighborhood off U.S. 31 beginning at 2 a.m. Saturday. A resident called police to report that someone was repeatedly ramming a vehicle parked in a neighbor’s driveway, and the parked vehicle was eventually forced into the garage, damaging motorcycles that were parked inside, a Franklin Police Department report said.

After an hours-long incident, including getting a search warrant, police arrested Jamie Ray Harper on four felony charges — dealing marijuana, possession of methamphetamine, possession of a controlled substance and possession of a restricted drug injection device, as well as a misdemeanor charge of possession of paraphernalia.

Another resident, Christopher P. Tinney, 46, was arrested on charges of possession of marijuana and possession of paraphernalia, both misdemeanors.

Police saw the damaged garage door and could smell marijuana, the report said.

Harper is known to police as a member of the Hells Angels Motorcycle Club, and the Johnson County SWAT team was called to the home as a safety precaution, the report said.

Police searched the home and found four large vacuum-sealed bags of marijuana. Together, they weighed 57 pounds, the report said. A glass pipe, scales, plastic baggies, syringes, vials labeled as testosterone and methamphetamine were also found in the home.

Harper was released from the Johnson County jail on $7,000 bond. Tinney, of Edinburgh, was held on $2,000 bond.

SOURCE: Daily Journal

Loners MC clubhouse have some concerned

Cornwall, Ontario (January 26, 2019) BTN – There may be at least one motorcycle club that has quietly set up a clubhouse in Cornwall, in the heart of Le Village.

According to the building’s owner Wolfe Vracar, the Loners Motorcycle Club moved into its current location in the basement of a building on Montreal Road just over a year ago, in December of 2017.

A few motorcycles parked outside the door believed to be leased by the Loners MC in Cornwall, Ont. 

Originally founded in Ontario decades ago, the Loners is a one-percenter club and advertises the fact by including a “1%” symbol alongside its main patch. Other clubs that claim to be one percenters include the Hells Angles, Satan’s Choice, the Lobos among many others.

“The term one percenter derives from the belief that the remaining 99 per cent (of motorcycle riders) are law-abiding citizens,” explained Cornwall Community Police Service Staff Sgt. Rob Archambault, of the criminal investigation division.

A local news source began investigating the possibility of a Loners MC clubhouse in Cornwall after being told by another tenant in the building who has since moved out. That tenant said the Loners’ presence downstairs was the reason for the departure. 

The new source also spoke to some of the residential tenants of the building, who said they didn’t know much about the motorcycle club in the basement other than the fact they could be very noisy.

Vracar acknowledged he had rented the basement to the Loners MC.

When asked why he was comfortable having a one-percenter club as a tenant, Vracar said he tries not to prejudge people, and noted they have been good tenants for the past year. He refuted the concerns of his former tenant, saying he believed that tenant left for business reasons.

“I could put them out any time that I want, but they have been very respectful and there haven’t been any issues of any kind. I don’t paint anybody black until they do it themselves,” said Vracar.

On Wednesday, someone answered the door to the basement unit said to be leased by the Loners. He confirmed he was a club member, but said he did not know where the person who signed the lease was or when that person would return to the clubhouse.

He was also asked to pass along an interview request. Word of Vracar’s tenants came up as CCPS was increasing its enforcement efforts and officer training to deal with motorcycle clubs as part of a new initiative that has been dubbed “Project One Percent.”

In late November, the CCPS received a nearly $100,000 from the provincial government’s Civil Remedies Grant Program to help fund Project One Percent in Cornwall. The official description of the initiative’s goal was to “help to decrease outlaw motorcycle gang activity.”

“We are using this money for a variety of different things within the service and within the community,” said Archambault. “We are going to provide training to our officers in recognizing different criminal elements, we will also be reaching out to our community and business partners in the community to provide them with the ability to observe, notice and report criminal activity. ”

When asked outright if the CCPS was aware of any one per cent motorcycle club in Cornwall, including the Loners’ possible presence on Montreal Road, Archambault would not comment on any specifics, but said CCPS is aware of the presence of biker gangs in the city.

“We are aware of many possible locations where motorcycle gangs might be frequenting, but we are not at liberty to say what the locations are that we suspect,” he said, explaining that to share any detailed information or confirm knowledge of a specific club could jeopardize any investigations that might currently be underway.

Archambault said motorcycle clubs can be involved in the same illicit activities that other organized crime groups are. This includes smuggling everything from drugs to humans, which is a prominent issue in Cornwall.

“In Cornwall, we suspect the main source of their criminal activity is likely drug trafficking,” he said.

The CCPS’ street crime unit has the issue well in-hand, said Archambault, and there’s no reason for the public to be worried. But the police are encouraging anyone who does see something suspicious or concerning to call and tell them about it.

SOURCE: Standard Freeholder

Member of Pagan's MC found dead

Spring Hill, Florida (January 17, 2019) BTN – Pasco County sheriff’s detectives say a documented member of the Pagan's Motorcycle Club was murdered in Spring Hill. His body was discovered in his home's driveway Wednesday morning.

Detectives say 32-year-old James William Earl died of a gunshot wound. His body was discovered in the driveway of 14383 Glenrock Road in Shady Hills.

The sheriff’s office says it’s not known if the murder had anything to do with the Pagan's Motorcycle Club activities. A local leader of the Pagan's, Glenn Buzze, wouldn’t appear on camera but said he was saddened by Earl’s death. “My best friend was murdered,” said Buzze.

He said Earl was a Navy veteran and got engaged on Christmas Eve. Buzze said he doesn’t know why someone would kill Earl.

Neighbors we spoke with told us there is known drug activity in the neighborhood and they often hear gunshots in the night.

“When I hear the guns my grandchildren run in the house because i tell them to come in when they hear the guns. You never know where the bullets going to go,” said a neighbor who didn’t want us to use her name or show her face. So far the sheriff’s office hasn’t named any suspects as the investigation continues.

SOURCE: FOX 13 News

Witness says he hired Hells Angels MC for hit

Vancouver, B.C. (January 16, 2019) BTN – A key government witness at the trial of Mexican Sinaloa cartel leader Joaquin “El Chapo” Guzman testified in New York this week that he met with Canadian Hells Angels on behalf of the cartel to arrange the hit of a drug dealer.

The witness, Guzman’s former right-hand man Alex Cifuentes, said the hit on the dealer was never completed, according to the New York Times and other media outlets covering the trial. Cifuentes, a Colombian, provided no details of who in the motorcycle club he contacted.

Sgt. Brenda Winpenny, of the anti-gang Combined Forces Special Enforcement Unit, said Wednesday that the testimony about a link between Canadian Hells Angels and Mexico’s Sinaloa cartel is not startling news to law enforcement.

“It is no surprise that this information is coming to light, as the arms of the Hells Angels, especially Canadian Hells Angels, are far-reaching locally, nationally, and internationally,” Winpenny said. “The scope of their criminal involvement in the drug trade and other ventures is global and, as we’ve seen time and time again, there is almost always violence associated to it.”

In his 2018 book Hunting El Chapo, former U.S. Drug Enforcement Administration agent Andrew Hogan described Guzman’s deep links to Canada and B.C. in particular.

Hogan said Sinaloa cocaine would be moved across the Arizona border and up to the Washington-B.C. border “where the loads would be thrown on private helicopters. The birds would jump the border and drop the coke out among the tall lodgepole pines of British Columbia.”

In this Jan. 19, 2017 photo, authorities escort Joaquin “El Chapo” Guzman, center, from a plane to a waiting caravan of SUVs at Long Island MacArthur Airport, in Ronkonkoma, N.Y.

“Chapo’s men had connections with sophisticated Iranian organized-crime gangs in Canada,” Hogan wrote. “A network of outlaw bikers — primarily Hells Angels — were also moving his cocaine overland and selling it to retail dealers throughout the country.”

Hogan also said he and the other officers working on the special task force to capture Guzman “were caught off guard by his deep infiltration of Canada.”

He noted that Guzman had a young Sinaloa man set up as a college student in Vancouver in about 2009 “to run his drug distribution and money collection throughout Canada.”

The Vancouver Sun reported on some of Guzman’s cartel connections in B.C. in 2014. His cartel contacts in Metro Vancouver were dropping off hockey bags stuffed with hundreds of thousands of dollars destined for Guzman’s U.S. bank accounts. 

One of the B.C. men later convicted in California in the Sinaloa case was connected to Montreal’s West End gang and some B.C. Hells Angels, according to court documents obtained at the time.

Former RCMP Supt. Pat Fogarty said Wednesday that the Hells Angels had “a continuous working relationship” with other Canadian organized crime groups and with Mexican and other cartels.

Through their connections, the groups “facilitated the transport, distribution and financial requirements for cocaine distribution in Canada,” said Fogarty, now CEO of the Fathom Research Group.

Hells Angels spokesman Rick Ciarniello did not respond to a request for a comment on the testimony at the Guzman trial.

SOURCE: Vancouver Sun

Murder trial begins for Kinfolk MC member

El Paso, Texas  (January 15, 2019) — A murder trial began Tuesday morning in a deadly motorcycle club shooting that killed an El Paso chapter president of the Bandidos.

Javier Gonzalez, a reputed member of the Kinfolk Motorcycle Club, is on trial in 34th District Court on organized crime and murder charges.

Gonzalez is accused of opening fire during a biker fight inside Mulligan's Chopped Hog bar on George Dieter Drive on July 30, 2017.

Juan Martinez Jr., the 61-year-old president of an El Paso chapter of the Bandidos Motorcycle Club, was shot and later died at a hospital. Three other men were also shot.

Related | El Paso bar fight leads to Bandidos arrest

Martinez, nicknamed "Compa," had been described by friends as a kindhearted businessman. He was owner of J. Martinez and Associates, an accredited disability representative firm that helps clients get Social Security benefits.

Jurors saw a video of a deadly 2017 El Paso biker bar brawl Tuesday, the first day of a murder trial in a shooting that killed a local chapter president of the Bandidos. The shooting was part of a club rivalry between the long-established Bandidos Motorcycle Club and the newer Kinfolk Motorcycle Club, according to court testimony.

Javier Gonzalez, a reputed member of the Kinfolk, faces organized crime and murder charges in trial that is being conducted under increased security at the El Paso County Courthouse. Bags were scanned and spectators had to pass a second set of metal detectors before entering the 34th District courtroom of Judge William E. Moody.

Gonzalez is accused of opening fire during a fight inside Mulligan's Chopped Hog bar on George Dieter Drive on the night of July 30, 2017. Juan Martinez Jr., the 61-year-old president of an El Paso chapter of the Bandidos Motorcycle Club, was shot several times and later died at a hospital.

Martinez — nicknamed "Compa," short for "Compadre" — was owner of J. Martinez and Associates, an accredited disability representative firm that helps clients get Social Security benefits. Bandidos members Ballardo Salcido and Daniel Villalobos and Juan Miguel Vega-Rivera, vice president of the Organized Chaos MC, which police describe as a Bandidos support club, also were shot.

"This case isn't about the Kinfolk versus the Bandidos. It's really about the law against violence and murder," state prosecutor Rebecca Tarango said in court. Gonzalez's lawyers, Dolph Quijano Jr. and Omar Carmona, suggested that Gonzalez fired in defense of Kinfolk members being beaten during a fight.

"Can gang members be victims of crime? Yes. Can gang members defend themselves? Yes," Carmona said during opening statements.

Bar brawl video

El Paso police gang investigator Francisco "Frank" Balderrama testified that the confrontation was filmed by several security cameras at Mulligan's Chopped Hog, a known Bandidos hangout. Prior to the shooting, photos presented in court showed that Gonzalez, Manuel "Manny" Gallegos, Derek Mercado and other Kinfolk members were nearby at Jack's Beach House bar on Montwood Drive.

The Bandidos were at Mulligan's Chopped Hog after a motorcycle run when Gallegos and Mercado showed up. Gallegos was a former Bandido. Mercado was filmed making a phone call outside, which investigators later traced to Gonzalez, Balderrama said. The video showed Gallegos and Mercado order a beer and soon being confronted by seven to eight Bandidos. Gallegos allegedly punched Martinez, and "then it was on," Tarango said.

The video showed a melee, with bikers fighting between bar tables, punches flying, a biker picking up a bar stool and Kinfolk motorcycles arriving outside. Other Kinfolk then enter the bar, including a Kinfolk biker wearing a helmet who opens fire with a gun. Several men fall to the floor and a man is dragged out of the bar.

"There are eight people beating the crap out of two Kinfolk," Quijano said during cross-examination of Balderrama, mentioning that the Bandidos' violent reputation is an issue in the trial.

Police investigators allegedly found Gonzalez's motorcycle left behind at the scene.

They also found the helmet, which allegedly had DNA evidence linked to Gonzalez, and a gun found in the backyard of a home day care, Tarango said.

Gonzalez was arrested three days later at his parent's home by the Gang Unit and SWAT team, with help from other law enforcement agencies, police said.

Gallegos was charged with engaging in organized criminal activity-assault for his alleged role in the bar fight, police previously have said.

Kinfolk MC

There are three major motorcycle clubs in El Paso — the Bandidos, which have been in the city for more than 50 years; the Kinfolk, which began in 2016; and the Mongols, a recent arrival, Balderrama said. The Kinfolk MC was established by former Bandidos unhappy with the leadership of their former club, Balderrama said.

The Kinfolk have at least 15 members in El Paso and use the colors black and gray, and its emblem is a cowboy holding a gun behind his back, Balderrama said. The Bandidos, with their Mexican bandit logo, have been around since the 1960s and are one of the world's most infamous motorcycle clubs, with chapters around the globe.

The Kinfolk and Bandidos are considered "1 percenter" clubs — what law enforcement term outlaw motorcycle gangs. "They only believe in the laws they want to obey," Balderrama said.

SOURCE:

Legislation takes aim at asset forfeiture practices

Waco, Texas (January 12, 2019) BTN – The 18-year-old was driving his flashy new Dodge Charger through a Waco suburban community when he saw the unmistakable lights of a police car behind him. He was nervous as he pulled over because he had a little weed on him. The officer was aggressive, and the man’s small marijuana stash quickly was discovered. The officer asked him about his shiny ride.

More specifically, the officer asked if the Charger was paid for, a clear sign to the young man’s lawyer that the officer was searching for a way to bump what otherwise would have been a minor infraction up to a felony. After learning the car indeed was paid for, the officer charged the man with possession of marijuana with intent to deliver in a drug-free zone, despite the fact that he had far less than an ounce of marijuana for his personal use.

Waco attorney Cody Cleveland has had at least five clients who went through that or similar scenarios in at least two Waco suburbs in the past five years. He declined to identify the cities.

“Cops are very aware of the civil asset forfeiture law,” Cleveland said. “It’s not that common, but there are a few officers in my experience who would do everything he could to get his hands on your car or motorcycle, especially if they knew it was paid off. They want assets that are free and clear so they can turn around and auction them off, but they can’t do that unless it’s a felony.

“I have had what I consider some pretty damn shady experiences with local law enforcement in that regard,” Cleveland said. “I’m like most people. I don’t want to see an abuse of the law. I don’t want a law enforcement officer to just make a criminal case so they can line their pockets, so to speak, for financial gain.”

Law enforcement agencies support civil asset forfeiture and see it as a valuable weapon by turning criminals’ ill-gotten gains against them to fight crime. Police agencies can seize cash, cars, boats, motorcycles, planes and other items in civil lawsuits if they can prove the items were obtained through illicit means, such as dealing drugs.

However, headline-grabbing abuses of the forfeiture system in recent years have prompted legislative attempts to curb the practice, though they have not succeeded. Also, a pending U.S. Supreme Court case could have a major impact on law enforcement’s ability to turn the proceeds of crime into crime-fighting cash through the forfeiture process.

Luckily for his client, Cleveland said, the McLennan County District Attorney’s Office served as a checks-and-balances system, making common-sense decisions to prevent such abuses.

“They did right by my client,” Cleveland said. “It didn’t take a lot of tooth-pulling. They said they were not playing that game and they released the car back to him. The DA’s office is supposed to be the gatekeeper, and so far, they have been pretty reasonable.”

$50 million in seizures

In civil asset forfeiture cases, police agencies team with prosecutors’ offices, who file the lawsuits and then split the proceeds with the agencies after judgments are entered.

Last year in Texas, law enforcement agencies and DA offices forfeited more than $50 million in cash, vehicles and other property allegedly linked to crime, according to a report by the Texas Tribune. That includes property under both criminal and civil forfeitures. Criminal forfeitures require a conviction before assets can be taken. Civil forfeiture cases do not.

Cleveland’s experiences with the local DA’s office were under District Attorney Abel Reyna. Reyna was replaced this month by Barry Johnson. Tom Needham, Johnson’s executive district attorney, said Johnson has just started his tenure and has not had a chance to review office policies for civil asset forfeitures.

“We are aware of the potential for abuse,” Needham said. “We feel it is a good statute and a good program to remove the fruits of crime from criminals and from criminal activity. But we recognize the potential for abuse if not handled ethically and conscientiously.

“At this point, we have just gotten into office and have not yet reviewed current policies and procedures for civil forfeitures, but we will be doing so and will ensure that they are being handled in the manner intended in the statute to promote justice.”

In the past four years under the Reyna administration, the DA’s office has averaged seizing about $250,000 in cash and property annually, according to records kept by the county auditor’s office. The DA’s office forfeiture fund balance in that time period has averaged about $550,000, and Reyna averaged spending about $100,000 each year using proceeds from the fund.

Records show the DA’s office spent forfeited funds on equipment, travel, training, investigative costs and crime prevention programs.

During the time period, an average of 75 vehicles a year were seized with the intent to sell them at auction and use the proceeds for law enforcement, or in some cases, use the vehicles for police duties.

Twin Peaks

Motorcycles seized after the Twin Peaks ambush May 17, 2015, sit on a trailer outside the restaurant. Much of the seized property has been returned. Since most of the criminal cases have been dismissed, much of the property seized that day has been returned.

After the 2015 biker ambush by law enforcement at Twin Peaks in Waco, Reyna orchestrated the arrests of about 200 bikers, sought indictments against 155 of them and filed civil forfeiture proceedings against 16 motorcycles, eight pickups and two SUVs.

The criminal cases and forfeiture cases languished for three years before Reyna, during and after the hotly contested re-election bid that led to his defeat by 20 percentage points, dismissed the vast majority of criminal cases as well as the forfeiture cases.

During that time, some of the bikes and vehicles were returned to their owners, while others were repossessed after lien holders learned the vehicles were at Twin Peaks.

Dallas attorney Brian Bouffard represented Jorge Salinas in the Twin Peaks case. Salinas, a Cossack from Lometa, walked away from his motorcycle, an older model, after it was seized because it was too expensive and too much trouble to try to get it back, Bouffard said.

Bouffard called the seizures in the Twin Peaks cases a “prime example” that reform is needed.

“The civil asset forfeiture program is about the most unconstitutional thing I can imagine,” he said. “The government can take all your stuff on a mere allegation of misconduct. In my opinion, there is no good argument to be made for the idea that just because someone is accused of a crime that the government ought to be able to steal their property.

“I think the legislative intent was to allow it to happen only on a conviction. I still have a problem with that, but I have much less of a problem with that than the way things are now. It has been nothing more than a cash grab for counties. Apparently, they don’t make enough money fleecing citizens with traffic tickets. They also have to take their property merely by a police officer thinking something happened.”

‘Tool for law enforcement’

McLennan County Sheriff Parnell McNamara and Waco Police Chief Ryan Holt both said their agencies are enhanced by profits derived through the forfeiture process.

“It’s an unbelievable tool for law enforcement,” McNamara said. “We are very mindful that there have been abuses, but we are very careful to follow the letter of the law on this. The best way of stripping drug dealers of their power is you hit them in the pocketbook. It is a way of hitting the drug dealer below the belt.”

McNamara said his department has used seized funds to buy a $50,000 search and rescue boat, to pay for training and important life-saving vests for his deputies and to upgrade other equipment.

“We use that boat to search for bodies, and it didn’t cost the county taxpayers a dime,” McNamara said. “We are very conscious of that. We are very serious about keeping the taxpayers from footing all the bills, and the forfeiture program is part of that effort.”

Holt said the police department has $236,145 in its state forfeiture account and $59,615 in its account from federal court forfeitures. The department has used those funds for travel and training for officers, office furniture, special body armor, radios and expenses related to its K-9 program.

“I certainly understand the criticism of what has been done in some locations,” Holt said. “But I don’t think it is right to use a shotgun approach to punish everybody because a few folks can’t follow the rules.

“I think it would probably be good if there was some clarification in the process that allowed you to wait for the criminal case to move forward or at least get a disposition. I think that would help potentially resolve some of the criticism of the process. But more than anything, people need to follow the rules of the programs.”

Calls for reform

Notable cases that brought attention to the program, and brought lawsuits and calls for reform, include a district attorney in Southeast Texas who bought a margarita machine with seized assets, a former DA in the Hill Country who used the money to pay for a trip to Hawaii, and a South Texas DA who pleaded guilty to misusing funds to pay bonuses to three secretaries and $81,000 to himself.

Officers in Tenaha drew a negative spotlight after it was alleged they committed “highway robbery” by extorting cash from drivers, mostly minorities, by threatening to jail them or remove their children if they did not sign waivers allowing them to seize their property without court intervention.

Holt likened those extreme cases to abuses by drug task force members in Tulia.

“After that, they cut funding for task forces and they all shriveled up and went away,” Holt said. “I think that is the tendency of some lawmakers is that they try to make a simple answer to a complex question, and this issue can be resolved through clarification of the current statutes.”

SOURCE: Waco-Tribune Herald