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Showing posts sorted by date for query waco. Sort by relevance Show all posts
Showing posts sorted by date for query waco. Sort by relevance Show all posts

Wednesday, October 7, 2020

Cossacks MC Member Acquitted

Lubbock, Texas, USA (October 7, 2020) - Justices with the Seventh Court of Appeals of Texas ruled that a 54-year-old man’s membership in a motorcycle club was not enough to convict him on a misdemeanor weapons charge that prohibits club members from possessing guns. 

The September 28 ruling overturns 54-year-old Terry Martin’s February 2019 conviction of a class A misdemeanor count of unlawful carrying of a weapon. A jury in the Lubbock County Court of Law 2 found Martin guilty and levied a $400 fine with no jail time.

Justices stated in their opinion that while there was evidence he was a member of a group that met the designation of a criminal street gang, the state failed to show that he was engaged in criminal activity as a gang member. “Both gang membership and connection to criminal conduct are required,” the opinion states. 



Martin’s conviction stemmed from an April 17, 2018, traffic stop by a corporal with the Lubbock County Sheriff’s Office for traffic violations including speeding, making an unsafe lane change and having a partially obscured license plate.

During the stop Martin told the corporal he had a weapon in his vest, which bore the Cossacks name and colors. Martin admitted to being a member of the Cossacks motorcycle club, which is recognized by Texas law enforcement as a criminal street gang, defined by statute as “three or more persons have a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.”

A gang member is one of three or more persons who continuously or regularly associate in the commission of criminal activities, according to statute. The unlawful carrying of a weapon charge includes a provision that prohibits members of a criminal street gang from possessing a firearm.

The corporal arrested Martin, who was booked into the Lubbock County Detention Center on the Class A misdemeanor. Under the statute, it is illegal for members of a criminal street gang to possess weapons.  Martin appealed his conviction citing 15 grounds, the last one citing insufficient evidence to show he met the criteria of a criminal street gang member prohibited from possessing a firearm.

However, justices ruled only on the insufficiency argument, saying his trial counsel failed to preserve the other grounds, which challenged the constitutionality of the statute, for his appeal by not raising them at his trial.

During Martin’s trial, prosecutors called on the arresting deputy, who told jurors he determined Martin was a member of the Cossacks based on Martin’s admission during the stop and his attire, which was the vest bearing the gang’s black and yellow colors.



He told jurors he was aware the Cossacks Motorcycle Club is a criminal street gang actively engaging in criminal activity in Lubbock. However, he said he did not know of any criminal charges filed against a Cossack members in the area.  “The only thing I do have is just intelligence,” the deputy said.

A member of the Lubbock Anti-Gang Center, who served as the state’s gang expert at trial, told jurors that the Cossacks is an outlaw motorcycle gang that operates nationwide engaging in assaults, threats of violence, intimidation and illegal firearms possession.

Among the criteria used by Texas law enforcement to determine gang membership include a judicial finding and self-identification by a person during a judicial proceeding. Martin was also entered in the Texas Gang Database by the McLennan County Sehriff’s Office and DPS in Waco.

Martin told jurors during the trial that he didn’t believe the Cossacks was a criminal street gang. He also told jurors he has never been convicted of a felony or a misdemeanor crime, other than traffic violations. Among the evidence presented to the jury of Martin’s criminal record was a May 2015 arrest in connection with the fatal shooting in Waco involving the Cossacks, Bandidos and law enforcement.

The shooting resulted in nine deaths and the arrest of more than 170 people, including Martin who was charged with organized crime. However, the charge was dismissed and justices ruled that it was insufficient to prove that Martin was a gang member that “continuously or regularly associated in the commission of criminal activities.”

“Both gang membership and a connection to criminal conduct are required,” the justice wrote in the unpublished opinion. “This single arrest, on charges which were later dismissed, does not establish that appellant continuously or regularly associated in the commission of criminal activities.”

SOURCE: Lubbock Avalanche Journal 

Friday, December 13, 2019

Waco Massacre: Main stream media insanity

Disclaimer: This is a recent story, in it's entirely posted by KWTX-TV News 10 out of Waco, Texas. We have opted out of correcting misinformation so our educated readers can see for themselves the ludicrous accusations made by the main stream media regarding this tragic event. Below is their fabrication, including headline. We filed this story under our Propaganda Tag. - Biker Trash Network

New 'credible threats' made by bikers against local police

Waco, Texas, USA (December 13, 2019) BTN – It appears some of the key players in the Twin Peaks shootout can't seem to let go, even though the McLennan County District Attorney's Office dropped all of the pending cases against bikers earlier this year.


KWTX has obtained classified information about a secret meeting that recently took place between biker gangs which led to confidential law enforcement memos about possible hits on officers stemming from 2015's deadly biker brawl.

According to multiple sources with direct knowledge of the situation, within the last two weeks, memos were sent to several local law enforcement agencies about a meeting between two top biker groups--the Bandidos and the Outlaws--seeking revenge against police.

The Bandidos and Outlaws are both classified by the Federal Bureau of Investigation as Outlaw Motorcycle Gangs (OMGs).

The FBI and the Texas Department of Public Safety have yet to confirm the existence of these memos to KWTX, however, several local law enforcement sources have.

The first memo, sent last week, said law enforcement had received information that the Bandidos and the Outlaws were attempting to hire Bolivian nationals to carry out three hits on officers: two in Waco, and one in Florida.

The memo called the threat 'credible.'

The DPS, the Waco Police Department, the McLennan County Sheriff's Office and several judges were made aware of the threat, sources confirmed to KWTX.

Then, on Wednesday, the threat was supported by information obtained by an an out-of-state agency.

Local departments were sent a memo saying a confidential informant with the Oklahoma State Bureau of Investigation reported that the Bandidos and the Outlaws and their support clubs, are attempting to do contract hits on officers in Waco, Florida, and possibly against other law enforcement officers nationwide.


On May 17, 2015 nine bikers were killed and more were injured as a result of what authorities say was a turf war between rival gangs--the Bandidos and the Cossacks--at the Twin Peaks restaurant at Central Texas Marketplace in Waco.

177 bikers were arrested but none were ever convicted of a single crime in connection with the shootout.

In April, the new McLennan County DA, Barry Johnson, dismissed the charges against the last of the bikers with criminal cases pending.

A spokesman for the DA's office told KWTX Thursday they know nothing about these memos or threats.

The FBI provided this statement:

"While our standard practice is to decline comment on specific law enforcement bulletins, the FBI routinely shares information with our law enforcement partners which identifies potential threats to law enforcement officers and the communities they serve. The FBI also directly notifies individuals and organizations of information that may be perceived as potentially threatening in nature."

Local law enforcement sources would not comment on the police response to the information contained in the memos, but did say they're "being more vigilant."

While Twin Peaks happened more than four years ago, it's fair to say it hasn't been forgotten, and, if anything, appears to have only emboldened some of those involved.

KWTX attempted to make contact with both the Bandidos and the Outlaws through their websites, but had not heard back as of Thursday night.

SOURCE: KWTX News

Wednesday, November 27, 2019

Ex-firefighter fights to get job back

Waco, Texas, USA (November 27, 2019) BTN – A Waco firefighter who lost his job in part over his ties to the Bandidos Motorcycle Club is fighting to be reinstated, saying he was unjustly terminated four years ago.

Bill Dudley, a 13-year veteran with the Waco Fire Department, testified in an all-day hearing Tuesday in a third-party arbitration review of his termination in October 2015.


Dudley was arrested during a traffic stop in Tarrant County on May 12, 2015 and charged with unlawfully carrying an unconcealed weapon in his truck. Crowley police ran a safety check on Dudley and found that the Texas Department of Public Safety flagged him as a member of the Bandidos, which DPS classifies as a "criminal street gang."

The arrest occurred five days before a deadly shootout at the Twin Peaks restaurant in Waco between the Bandidos and rival Cossacks motorcycle club.

"It is my opinion that they used the Twin Peaks (incident) to fire me," Dudley said in the hearing. "I believe they used things outside the statute for punishment. I did not do anything in that traffic stop that showed poor moral character. I did everything the officers asked me."

Dudley, 37, said he was a former member of a support club for the Bandidos and wanted to start a new chapter of the Bandidos near his home in Burleson. He said he was considered a Bandidos recruit for several months, but he left active membership in the clubs after he was injured in a Fort Worth bar shootout involving Bandidos in 2014.

Waco fire Lt. Philip Burnett, president of the Waco Professional Firefighters Association Local 478, sat with Dudley in support during Tuesday's hearing. He said he is a friend of Dudley and said he would have no hesitation serving with Dudley on any call for service with the department.

"The Texas State Association of Firefighters and the Waco Professional Association of Firefighters want to make sure that firefighter Bill Dudley receives all he is entitled to under our Civil Service rights as firefighters pursuant to the Texas local government code," Burnett said.

Arbitrator Thomas Cipolla with American Arbitrator Association oversaw the hearing and heard testimony from city staff, Crowley police, and current Waco firefighters and friends. Attorneys Lu Phan and Antonio Allen represented the city while state-level union representative Rafael Torres represented Dudley during the hearing.

The daylong hearing ended with no action Tuesday evening. Cipolla said attorneys will have the option to submit briefs and allow Cipolla to review the case before he issues a decision to uphold the termination, reduce the disciplinary or dismiss Dudley's claim.

"Today the city presented the facts and findings from the original investigation to the arbitrator," Waco Deputy Fire Chief Kevin Vranich said. "We now will have to wait for the arbitrator to make his decision."

The city presented its claims that Dudley was fired for the Crowley arrest, as well as not obeying rules and regulations; being absent from work without good reason; failing to notify the department within 24 hours of his arrest; using poor judgment that reflects negatively toward the fire department and the city; and demonstrating poor moral character by associating with and/or being a member of a known criminal street gang.

Torres said Dudley was not a member of the motorcycle club, and the city did not have the legal right to terminate him. Torres said the city denied Dudley's due process rights and relied on circumstances outside the scope of a 180-day Civil Service review for disciplinary action.

Those testifying for the city included Vranich, who served as acting fire chief Tuesday, as well as former Waco Fire Chief John Johnston and Crowley police officers. Johnston indefinitely suspended Dudley in October 2015 following a three-month internal affairs review Vranich conducted.

Vranich testified he was unable to determine if Dudley was an active member of the Bandidos. Johnston stated he found cause to fire Dudley for violating city policy, department policy, and Civil Service rules and regulations. He said Dudley did not report his arrest to his supervisor within 24 hours, violating department policy.

He said Dudley used a sick day to get out of work for "personal reasons," but never told anyone about his arrest. "He would have flown under the radar," Johnston said.

Torres claimed the Twin Peaks shootout, which left nine dead and nearly two dozen injured, heightened the department's disciplinary response toward Dudley.

Dudley pleaded guilty to the misdemeanor charge in 2017 and received deferred adjudication for 24 months in Tarrant County. The plea deal required him to plead guilty to the charge.

The hearing ended late Tuesday afternoon no action. Cipolla said he will likely review the case and briefs submitted by attorneys before coming to his decision in the next few months.

SOURCE: Waco Tribune - Herald

Tuesday, April 2, 2019

Waco Biker massacre cases dismissed

Waco, Texas. USA (April 2, 2019) BTN —  Recently elected District Attorney Barry Johnson said in a release that, "following the indictments, the prior District Attorney had the time and opportunity to review and assess the admissible evidence to determine the full range of charges that could be brought against each individual who participated in the Twin Peaks brawl, and to charge only those offenses where the admissible evidence would support a verdict of guilt beyond a reasonable doubt. In my opinion, had this action been taken in a timely manner, it would have, and should have, resulted in numerous convictions and prison sentences against many of those who participated in the Twin Peaks brawl. Over the next three years the prior District Attorney failed to take that action, for reasons that I do not know to this day."



Johnson said that when he assumed office in January, the statue of limitation expired on most of the offenses.

"I believe that any effort to charge and prosecute these individual charges at this time would only result in further waste of time, effort and resources of the McLennan County judicial system and place a further unfair burden on the taxpayers of McLennan County," Johnson said.

Archive | Waco Shooting History

On May 17, 2015, a shootout erupted at the Twin Peaks located in the Waco Central Texas Marketplace. The shootout was between two motorcycle clubs - the Bandidos and the Cossacks.

Nine bikers died in the shootout and dozens were injured. Following the incident, nearly 200 bikers were arrested.

Of those 177, 155 were indicted with various charges.

The first trial was held in September of 2017. The defendent, Jacob Carrizal, was being charged with engaging in organized criminal activity and directing activities of a criminal street gang. His trial lasted one month and ended with a mistrial.

After his trial, the amount of money spent on these cases totaled more than $1 million.

The results of Carrizal's trial started a domino effect. No other biker was tried, and the district attorney at the time, Abel Reyna, began dropping Twin Peaks biker cases. At one point, 60 cases were dismissed at one time by Judge Strother.


The remaining 24 bikers were re-indicted on a riot charge.

"I do not believe that it is a proper exercise of my judgment as District Attorney to proceed with the further prosecution of what I believe to have been an ill-conceived path that this District Attorney’s Office was set upon almost four years ago by the prior District Attorney, and I do not believe that path should continue to be pursued," Johnson said.

SOURCE: KXXV

Monday, February 25, 2019

More cases dismissed in Waco biker massacre

Waco, Texas, USA (February 25, 2019) BTN — One of four Houston attorneys assigned to handle four Twin Peaks biker cases as special prosecutors dismissed the remaining three cases Monday and called the way the McLennan County District Attorney's Office handled the 2015 deadly shootout a "harebrained scheme" that was "patently offensive" to him.

Scene of the Twin Peaks biker massacre

Special prosecutors Brian Roberts, Brian Benken, Feroz Merchant and Mandy Miller filed motions Monday to dismiss the first-degree felony engaging in organized criminal activity charges against bikers William Chance Aikin, Billy McCree and Ray Nelson. The motions to dismiss said, "Upon reviewing all the facts, circumstances and evidence, it is the state's position that no probable cause exists to believe the defendant committed the offense."

Related | Governor wants new anti-gang center for Waco
The team of special prosecutors dismissed the case against Hewitt resident Matthew Clendennen in April 2018. "I think, unfortunately, — and this is probably a poor choice of words — but it was simply a shoot-first-ask-questions-later mentality," Roberts said. "I can't imagine what (former McLennan County DA) Abel Reyna was thinking other than this was a big case and it was somehow going to be beneficial for him or his office."

Roberts, a former prosecutor who served in the special crimes bureau of the Harris County District Attorney's Office, said he had no problem with the first part of the process, which was to round up more than 200 bikers, identify and photograph them. He said the process was necessary to try to see who was involved and who were merely witnesses. "I do have a very serious problem as a lawyer with the wholesale charging of people without an investigation," he said. "They had plenty of time to conduct an investigation. They had plenty of time to do what they needed to do to find out who the parties needed to be in this harebrained scheme. It is just patently offensive to me.

"Justice is the sword and the shield. You had a number of folks who never should have been charged and whose lives have been turned upside down unnecessarily, and that is something you can't change. You can't take back what has happened over the last four years." 

In the months after his defeat in the March 2018 Republican primary, Reyna dismissed the vast majority of the 154 pending indictments his office sought in the Twin Peaks shootout, which left nine dead and 20 injured. Reyna's office re-indicted 25 Twin Peaks defendants on different charges in May, with most being charged with riot and three being charged with murder and riot. District Attorney Barry Johnson, who took office in January, has said he and his staff are reviewing those cases to determine how to proceed.

Houston attorney Paul Looney, who represents Ray Nelson, said he agrees with Roberts. "What Brian said is long overdue. The defense bar has been saying the same thing for nearly four years. This gives a lot of credibility to what we have been saying, and I am very appreciative of them to go through all of the evidence thoroughly and to have the courage of their convictions when it came time to announce it. These people deserve vindication. It is long overdue. They have been treated horribly."

Roberts, who made it clear that he was speaking only about the four cases he and the others were appointed to handle, said that prosecutors bear a greater responsibility to ensure that justice is done. "Whatever justice means. Whether that means pursuing a prosecution, whether that means reducing a case, whether than means getting rid of a case, whether than means never charging a case," Robert said. "A prosecutor's job is not to put people in prison. It is to do justice. I don't think anybody can say that was done here back in 2015."

SOURCE: Waco Tribune-Herald

Friday, February 8, 2019

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.”


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.”


Sunday, January 13, 2019

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.”



Thursday, January 10, 2019

Outlaws MC murder adds to Tampa's biker history

Tampa, Florida (January 10, 2019) BTN – Court documents that were recently made public revealed shocking facts about the 2017 assassination of Pasco Outlaws motorcycle club leader Paul Anderson, who was shot by rival club members on motorcycles in rush hour traffic.


The execution-style killing put law enforcement on high alert that a motorcycle club war was brewing. It also led to numerous arrests. Some of the cases are inching toward trial.

While motorcycle clubs are far from their heyday, they’re still around in the Tampa Bay area. Many may not realize it, but motorcycle clubs actually have a long and dark history in Tampa Bay that includes everything from from prostitution and murders to a shootout with deputies at their old Tampa clubhouse near Busch Gardens.

Who are the Outlaws?
The Outlaws, or American Outlaw Association,  are the dominant outlaw motorcycle club in Florida, and one of the “Big Four” biker clubs in the United States (the others are Hells Angels, the Pagans and the Bandidos). They are classified as a violent gang by the U.S. Department of Justice.

Biker culture started to emerge after World War II. The Outlaws formed in Chicago in 1959 and now have chapters in over two dozen countries. Most of the members can be found throughout the United States, Germany, Australia and England. 

Florida has been home to various Outlaw chapters since the 1960's, and the club has been active in Tampa as early as the ’70s.  The most well-documented Outlaw activity in the state has taken place in Key West and other parts of South Florida.

Outlaws are identified by “Charlie,” the red and black logo of a skull over crossed pistons, which appears on member’s uniforms.

To be initiated a patched member, prospective Outlaws must go through a probation period that includes coming to meetings, also known as attending church.

According to Times archives, the logo is protected “like a valuable trademark.” One Florida-based member, Stephen Lemunyon, was even accused of beating a man nearly to death for falsely claiming association with the logo.

Club membership is limited to men who ride cruiser-stye motorcycles with engines of 1,000 ccs or more, such as Harley- Davidson.

Women are seen as property. Outlaws have been known to trade female supporters for items like drugs and force them into prostitution or topless dancing.

The club’s motto is “God forgives, Outlaws don’t.”

Murders, shootouts, firebombings: A history of the Outlaws in Tampa Bay


Outlaws were suspects in dozens of murder cases throughout the state in the ’70's and ’80's. But members of the club were skilled in quieting witnesses, and for decades law enforcement struggled to pin charges on them.

In the 1990's, federal prosecutors concocted a plan to wipe out the club for good. Instead of trying to nail down individuals for specific crimes, prosecutors said the Outlaws' crimes, such as murder and extortion, were “part of an ongoing criminal conspiracy.” This led to several successful convictions. But the goal to exterminate the Outlaws failed over and over again — the club is still present in the area.

Some notable moments from the Outlaws' history in Tampa Bay:

In 1976, law enforcement stopped by the club’s Tampa headquarters, located about two miles west of Busch Gardens, with a narcotics search warrant. The visit ended with a shootout. Three Hillsborough sheriff’s deputies and one Outlaw were shot, and one of the deputies was left paralyzed.

In 1983 and 1988, dozens of club leaders were convicted in Jacksonville and Fort Lauderdale. One was indicted in 1989 for “threatening to skin the tattoo off the arm of a rival biker," while another allegedly disemboweled a person who cooperated with police and threw the corpse into a lake. Though these busts gutted Outlaw membership, the club maintained active chapters in Tampa, St. Petersburg and Daytona Beach.

From 1995 to 1997, several cases made Tampa the “epicenter of Outlaws prosecution,” the Associated Press reported. Federal prosecutors won convictions or guilty pleas from 30 Outlaws from Tampa Bay and South Florida. At least 20 were convicted on charges of racketeering, drugs and weapons charges from ’95 to ’97. During the trial at the end of 1997, prosecutors took aim at the regional leaders of the club to try to eliminate it.

“They’re like cancer," said Terry Katz of the Maryland State Police in 1995. “If there are any cells left, it will come back, and regenerate.”

In 1995, Florida had six Outlaws chapters -- the most out of any state. Sixteen Outlaws from the Tampa, St. Pete and Daytona Beach chapters were arrested on charges including racketeering, kidnapping, possessing illegal weapons, running drugs and firebombing a rival club’s clubhouses.

The list of accusations was long and colorful: Jeffery “Big Jeff” Hal Sprinkle was accused of purchasing a 15-year-old girl “to be his personal property.” Tampa Outlaws president Edgar “Troll” Ruof was accused of shooting a man in the head in North Carolina 20 years prior. Other Outlaws allegedly hired members of the Bandidos motorcycle club to kill a Tampa police officer.



According to the Times archives, the 1995 federal trial in Tampa was one of the most important prosecutions of a biker club in the country. By the end, a federal jury convicted 14 of 16 members.


In 1996, authorities carried out Operation Silverspoke and Shovelhead and arrested seven Outlaws on accusations that they were running a 16-year crime scheme. The members were arrested on an 18-count federal indictment aimed at taking out the upper ranks of the club. Authorities accused the Outlaws of eight murders, three bombings and 17 drug charges.

St. Petersburg-based Outlaw Christopher Maiale was targeted for distributing meth and extortion for threats against two people. After the arrests, U.S. Attorney Charles Wilson said, “We think this eliminates the Outlaw club as a significant threat to Florida.”

In 1997, four Outlaws went on trial: Maiale, then 36; former Tampa Outlaws president Clarence “Smitty" Smith, then 53, of Lighthouse Point; James Evan “Pinball” Agnew, then 45, of Hollywood; and Bobby “Breeze” Mann, of West Palm Beach. By November, the government had spent nearly $250,000 bringing the case against the Outlaws. The prosecution resulted in four convictions.


In 2001, international Outlaws leader Harry “Taco” Bowman received two life sentences plus 83 years in a federal trial in Tampa, toppling his 20-year reign of absolute power. Bowman became one of the top national and international leaders of the club in the ‘80's. He was indicted in 1997 and remained on the FBI’s Ten Most Wanted Fugitives list for two years. Authorities tracked him down while he was visiting family in Detroit in 1999.


Former Outlaws testified against Bowman in exchange for lighter sentences. A stream of tattooed bikers admitted to blowing up rival clubhouses and throwing delinquent club members off of motel balconies. By the end, jurors found Bowman guilty of using clubhouses in St. Petersburg, Tampa, Orlando, Fort Lauderdale and Daytona Beach for gang activities. The list of crimes includes fire bombings, drug trafficking, ordering killings of rival club members, and the transfer of firearms including machine guns and silencers.


In 2003, Bowman’s successor, James Lee “Frank” Wheeler, was convicted in U.S. district court in Tampa. He was the second international Outlaws president to be convicted in Tampa. Wheeler got 16 1/2 years for racketeering, drug distribution and obstruction of justice. Wheeler’s criminal record stretches back to 1967. Once again, prosecutors cut deals with former Outlaws in exchange for information that could be used to put the leader away.


In 2015, a violent shootout involving cops and at least six clubs in Waco, Texas, left nine bikers dead in a strip mall parking lot and resulted in the arrest of 177 members. The slayings prompted Tampa Bay Times criminal justice reporter Dan Sullivan to investigate motorcycle gang culture in Tampa Bay. He found that biker gangs are still dangerous and widespread in Florida, though the clubs became more secretive after all of the public attention they received in previous decades. An expert on biker gangs estimated that Florida had probably 800-1,000 members. Many have day jobs, from operating strip clubs to practicing medicine or law.


In September 2016, a bar fight broke out in Key West. About 15 Outlaws members were suspected, including Hillsborough fire rescue medic Clinton Neal Walker, then 33, of Bradenton.


Walker was arrested and placed on paid administrative leave, but his actions sparked a series of countywide ordinances that prohibited Hillsborough County employees from participating in motorcycle clubs or other gang activity. In a memo, county administrator Mike Merrill said being a member of a criminal organization was “contrary to the mission of public service.”

Walker had already been placed on administrative leave three months prior to the Key West fight -- he had joined in another bar fight in May and brawled with a St. Petersburg police officer.

After the new ordinances were in place, he became the first county employee to be investigated for gang activity.

In January 2018, Walker was fired after an internal investigation revealed he had worn his firefighter uniform while off-duty in order to help another club member, James Costa, who was shot while riding his bike in July 2017.

Costa was president of the St. Petersburg Outlaws and had recently retired as a Hillsborough County Fire Rescue captain after the media publicized his ties to the Outlaws.


December 2017: While idling in his truck at a red light during rush hour, Cross Bayou Outlaws chapter leader Paul Anderson was executed by members of a rival gang.

Three members of the 69ers Motorcycle club were arrested on charges of first-degree murder. According to Pasco Sheriff Chris Nocco, Allan “Big Bee” Guinto had been tracking Anderson in a scout vehicle, while Christopher Brian “Durty” Cosimano and Michael Dominick “Pumpkin” Mencher followed on motorcycles. Anderson sat in his vehicle near the Suncoast Parkway and State 54 interchange.

Related Outlaws MC President was killed over club colors
Cosimano knocked on the truck window to get his attention before shooting Anderson, deputies said. After the arrests, Nocco said he worried that a war could erupt between the clubs. “There’s no doubt in my mind there’s going to be more violence because of this,” Nocco said.

Thousands of bikers showed up for a funeral procession to honor Anderson.


The three 69ers are still in jail. Two others, Erick “Big E” Robinson, and Cody “Little Savage” Wesling, were also indicted. If found guilty, each man would face up to life in prison, Dan Sullivan reported.

The court documents that were recently released showed that the killing was prompted by a fight at a local brewery between Outlaws and members of the 69′ers -- who identify their local group as the “Killsborough” Chapter. The 69′ers were particularly upset because the Outlaws had stolen some of their uniforms during the fight.

First, the documents state, the 69′ers tried to assassinate an Outlaws leader by shooting Costa as he drove his Harley across the Sunshine Skyway Bridge. He was able to escape. Weeks later, the Outlaws clubhouse in St. Petersburg was destroyed in a fire that the 69′ers are suspected of setting.

Several months later, Anderson was shot and killed.

Times senior researcher John Martin contributed to this report. 


Tuesday, October 16, 2018

Snitch Files: An ATF agent has a story to tell

Los Angeles, California (October 16, 2018) BTN — The following is an account of an ATF agent and his skewed view of motorcycle clubs. What is not amusing is him betraying the trust of the clubs he prospected and joined. His story is presented here, unadulterated and in his own self glorifying words.  

How I Infiltrated One of L.A.’s Most Vicious Motorcycle Gangs—and Lived to Talk About It

ATF agent Darrin Kozlowski went deep undercover to take down the Hollywood chapter of the Vagos
By Mike Kessler and Darrin Kozlowski

On and off for almost 20 years, I investigated and infiltrated outlaw motorcycle gangs as an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. I wasn’t the only agent to go deep undercover, and I don’t claim to be the best. But the work I did took a lot of bad guys off the streets. I infiltrated the Warlocks in West Virginia in a case that took me up and down the East Coast—Florida, South Carolina, Brooklyn, the Bronx—and resulted in 57 federal arrests (including four Hells Angels) and 49 search warrants executed in six states that turned up 175 firearms (including two sawed-of shotguns and one machine gun), one silencer, one pipe bomb, and body armor.


Here in L.A., I infiltrated the Mongols for three years on what was ATF’s most successful undercover case to date and remains the largest single enforcement operation we’ve done. We prosecuted more than 100 members of the Mongols on weapons and drug charges; 79 of those members were hit with RICO charges, too.

Through all these cases, I came to learn what it’s like to be inside the heads of the guys who ride with outlaw motorcycle gangs—their mentality, their conversations, how they perceive the public and their enemies, and their lack of regard for law enforcement and for innocent lives when there’s a confrontation. Like in Laughlin, Nevada, in 2002, when the Mongols and Hells Angels opened fire on each other in a casino, or the 2015 Twin Peaks restaurant shoot-out between the Bandidos and Cossacks in Waco, Texas.

Even though I’m retired, there’s a lot I still can’t say—partly for my own safety and partly because it would be potentially dangerous for other agents. But there’s one case I can talk about: my infiltration of the Vagos in L.A. back in 1997. It was my first long-term undercover case—in Los Angeles or anywhere—and it nearly got me killed.



The Vagos were as bad as outlaw motorcycle gangs got—right up there with other “one-percenter” gangs like the Hells Angels and the Mongols. If you look closely at the patches on their jackets, you’ll see a diamond with “1%” in the middle. That’s their way of saying they don’t live like the rest of us. Some of these guys had rap sheets as long as a traffic jam on the 101. We’re talking about drug running, illegal weapons sales, and any other moneymaking schemes. Of course, they never refer to themselves as “gangs,” and they might have some regular guys as members. Some even hand out toys at Christmas. But that’s to enhance their public image. That diamond is there for a reason. The Vagos had hundreds of members and dozens of chapters, stretching across the country and into Mexico. And they were growing fast. That’s the outlaw motorcycle gang way: Recruit, grow, and take over more territory by any means necessary. These are the same dudes who’d one day kill a Hells Angel in public up in Reno, and then murder someone else in public in Bakersfield. We wanted to go deep and pull them out by the root.

FALSE START
I don’t know what surprised me more, that Junior had been killed or that his girlfriend knew who I was. I’d never met the woman—didn’t even know her name, and, to my knowledge, she didn’t have mine. I’d been cultivating her boyfriend as an informant when he got run down by a car on Sunset. He was riding a Harley I’d arranged for him to use, and the car hit him so hard it lopped off one of his feet. Died on the spot.

This was in early ’97, a few months after I’d transferred to L.A. from ATF’s Milwaukee office. I was an ambitious 31-year-old agent with a wife, a kid, and another on the way. Back in Wisconsin, I’d taken an interest in working outlaw biker gangs, so I learned to ride on a friend’s Honda, then managed to get a Harley that ATF had seized, a Fat Boy with straight handlebars, no windshield, no saddlebags. I rode to biker bars and events. I let my hair grow, dressed the part, tried to understand the scene. I’m originally from Chicago’s South Side—a tough, working-class part of the city. I knew how to be around bad guys because I grew up with a lot of them. I’m not sure if I blended in because I was fairly quiet and soft-spoken, or if I got that way in order to blend in.

After four years in Milwaukee I was reassigned to California and brought the bike, Wisconsin plates and all. My goal, the one I proposed to my new bosses, was to investigate and infiltrate the one-percenters of Greater L.A. After arriving, I got in touch with the L.A. County Sheriff’s Department. They’d been keeping tabs on these guys. My contact there told me about a potential confidential informant—a CI—named Junior. He said Junior’d tried to join the Hells Angels but had been “run down the road” for some reason. I got Junior a bike and gave him some cash. We started in Hollywood, where he had a connection with the local Vagos chapter.

The name is Spanish slang for someone who does nothing all day—a vagrant or vagabond. They formed in the 1960s in the Inland Empire, and while they do have a Hispanic presence—the Venice chapter back in the day was pretty much entirely Hispanic—they’re mostly white; no blacks. The horned creature on their patch is Loki, a god of mischief in Norse mythology.

But you don’t get to wear that logo as a “full-patch” member without putting in a lot of time. Unless you have enough street cred or contacts to get “windowed in,” the first step is to hang around until they give you permission to refer to yourself as, well, a “hang-around.” Make it through that phase, and you become a “prospect.” Then they give you the “rocker”—the bottom part of the patch that goes on the back of a vest—which means they’re gonna really test you to get the full patch. Junior wasn’t an official hang-around, but I was playing the long game: I wanted him to get his patch, and he’d be able to vouch for me so I could try to get my patch, too.

Junior had some contact with a guy in the Vagos’ Hollywood chapter named Chuck [names have been changed], a short, beer-bellied dude with black-framed glasses. He wore a painter’s cap with the brim flipped up, had ink from neck to toes, and ran a tattoo shop in West Hollywood. Junior started hanging around there, and he was a good CI—showed up on time, took license plate numbers, eavesdropped, reported back to me. In fact I’d seen him a few hours before the accident, at a bar on the Strip where he gave me some information and I gave him some cash.

I was sitting in my office downtown the day after Junior died when his girlfriend called. I offered my condolences and hung up, wondering if I was screwed. “Junior must have talked about me,” I thought. Did his girlfriend know any of the Vagos he’d been hanging around with? Did he tell her he was working with ATF? If the same thing happened today, I’d call of the operation. But I was young, and ATF hadn’t done many of these biker gang infiltrations; there wasn’t a lot of official protocol. So I decided I’d pay Chuck a visit.

GRILLED
I parked my bike outside the tattoo shop. I knew what Chuck looked like from the sherif’s department’s binders, but I had to fake it and ask for him inside. I introduced myself as Koz, which is my real nickname—short for Kozlowski—but I figured if anyone asked, I could say that it was short for “Kamikaze” because of how I rode my Harley or some bullshit like that. I wanted a name that I responded to instinctively.

I told Chuck I was a buddy of Junior’s, that I knew he’d been hanging around the Hollywood Vagos, and that I had some bad news. Chuck knew about the crash on the Strip but not that Junior was involved. We talked for a while, and he told me to come back in a few hours. When I showed up again, Chuck got on his bike and had me follow him east to their clubhouse—basically a two-level cinder-block warehouse at Hollywood and Kenmore—where I rode in and somebody locked the chain-link gate behind me. There were about ten guys, their bikes all lined up. Chuck introduced me. “Wait here,” he said and went in the building with the other guys.

An hour or so later, someone came out and called for me. “Get in here.” As I walked inside, this heavily fortified metal door slammed behind me, and they patted me down for a wire. Now I’m scared shitless, locked in a windowless building with a bunch of outlaw biker dudes who were very likely convicted felons. I had no cover team, and I didn’t have much in the way of what we call a “backstop”—a story about who I am or what I do for a living, though I was at least carrying a driver’s license and Social Security card under my alias.

They patted me down and found my service weapon in my boot, a SIG Sauer semiautomatic. Back then, the LAPD carried Berettas, so I wasn’t too concerned that they’d suspect me of being undercover. Even though their guns were on a table, they let me keep mine. Next thing I knew, I was being interrogated. Four Vagos kind of stood out. There were Tiny Dan and L.A. Lenny, who happened to be badge-carrying L.A. County juvenile probation officers. There was Lars, the chapter president, who was super fit from training as a boxer and whose wardrobe consisted of jeans and a white T-shirt. And then there was Big Rick, a large guy in his late thirties or early forties with a long ponytail, a Fu Manchu mustache, and a “nobody fucks with me” air of authority. He held the title of international sergeant at arms. Outlaw biker gangs are organized like the mafia or the military, which makes sense, since the gangs were started by ex-military guys after World War II.

I was shaking so hard I couldn’t even work the kickstand on my bike. I just dropped it.

So there I was, in what’s essentially a bunker, and I knew I was shaking. I was pretty sure they knew it, too. Big Rick did most of the talking.

“How did you know Junior?”

“Why are you carrying a gun?”

“Why do you have Wisconsin tags on your bike?”

This went on for at least 30 minutes, and I had to wing it. Big Rick took notes the whole time, and I was trying to keep my story straight, thinking, “What kind of outlaw takes notes!?”

At one point, Big Rick said to me, “We have reason to believe that Junior was working with ATF.”

It felt like my head went completely sideways. He didn’t say “LAPD” or “the cops” or “the feds.” He said “ATF.” I have no idea what came out of my mouth next, except that it was pure bullshit. I wasn’t thinking about my wife or my kid or my kid on the way. I was focused on not getting a bullet in the head.

Whatever I said satisfied them. When we got back outside the building, they told me they were going to a bar and that I should follow. They got on their bikes and turned east on Hollywood. I turned west, gunning it to the 101 and the 170 into North Hollywood, where two ATF agents waited for me in a parking lot. I was shaking so hard I couldn’t even work the kickstand on my bike. I just dropped it.

Maybe the Vagos knew someone in the LAPD who pulled the VIN off Junior’s bike and linked it to ATF. In any case, I figured it was a lost cause. But a week later my pager went off. It was Big Rick. I had more bravado on the phone: “You’re probably calling to tell me you checked into my story and learned it’s all bullshit. And guess what? You’re right. You guys had some hair up your ass about who I am, talkin’ about cops and ATF and a bunch of other nonsense. I don’t know any of you, and I had no reason to trust any of you, so I fed you some bullshit and got the hell out of there. I didn’t know where you were going or if you were gonna take a pipe to my head or what. And you know you’d have done the same damn thing.”

Rick didn’t seem fazed. “Hey man,” he said, “I’m just calling because we’re having a function this weekend at the clubhouse. We want you to come back. But leave your gun at home.”

This meant one of two things: Either they were gonna let me become a hang-around or they were gonna kill me.

AFTER HOURS
The Hollywood chapter, which had about ten members who lived all over L.A., threw a regular party called Green Hell. (Sometimes the Vagos refer to themselves as Green Nation.) Plus Loki has sort of a Satanic vibe, what with his horns and all. They also flaunt the number 22, since “V” is the 22nd letter in the alphabet.

Green Hell went from 2 a.m. to 6 a.m. at the clubhouse. It was a moneymaker. The guys would go to bars and strip clubs, recruit guests, and offer late-night work to the strippers. There was a cover charge and a cash bar, a pool table, a couple of stripper poles. It drew a big crowd. Hollywood people always showed up. The band Matchbox 20 came one night. The Guns N’ Roses drummer, too. Even a few movie stars came. People liked the underground feel. I don’t think most realized that it was a Vagos party or that if things jumped off, there could be serious violence.

My job was to stock the bar, watch the gate, work the door. At one Green Hell, a guy from the Armenian Power gang was making trouble, and when we tried to throw him out, he put up a fight. I knew I had to put hands on him to avoid blowing my cover. A few of us escorted him to the street and threw him into a parked car, which caused his head to smash the side-view mirror. A few days later, during church—what outlaw motorcycle gangs call weekly chapter meetings—a bunch of Armenian guys came to the clubhouse when I was watching the gate. One of them said, “I wanna talk to Lars.” Lars came out, they walked down the block, and within a few minutes they’d brokered a peace deal. Everything was cool. A few months later, in the parking lot of a nearby restaurant where they all hung out, the Armenian guys showed me a trunk full of machine guns.

On another church night, I was outside by the gate when I looked up and saw a car rolling by. Then a hand with a gun emerged from the sunroof. Blap-blap-blap-blap-blap! I heard the zing of a bullet as it went past my ears. We never figured out who it was.

By that point it was late spring, and I’d gotten more backstops in order: a place to live, some address history. My Harley had California plates, and I had a truck registered to my undercover name. I’d rented a little apartment in a North Hollywood fourplex near Victory and Lankershim with its own garage. I’d park my ATF vehicle, a small GMC truck, a few blocks away and walk to my undercover place and slip in through the alley. Sometimes Vagos would come by to hang out or see what I was up to. I had an ATF cover team in place about 50, maybe 60 percent of the time, doing drive-bys, but a cover team can’t really save you in this type of role; it just keeps an eye out from time to time and cleans up if things go bad.

My best friend from the academy, Frank D’Alesio, was doing the same sort of infiltrating with the Vagos in Las Vegas at the time. It was a coincidence, but we used it to our advantage. Being an Italian American from a Rust Belt city with a mafia presence, Frank portrayed himself as a connected guy with side hustles across the country. He told them that he had a business associate from back East named Koz who was hanging around with Vagos in Hollywood, and I told the Hollywood Vagos about Frank. The Vagos have a rule that’s basically “if it doesn’t have to do with the club, it’s no one else’s business.” Frank and I figured if we followed the rules, maybe they’d respect us enough to do business together.

We would talk at night to keep our stories straight. Pretty soon Frank and one of his informants were making runs to L.A. We’d see each other at Vagos functions, go on errands together—taking packages from Point A to Point B, that kind of thing. We knew better than to ask what was in the packages; it was way too soon for that.

The head of the entire Vagos organization was a scraggly-haired, bald-domed guy called Whitey who was in his fifties and wore a cowboy hat and Fu Manchu. He looked like the comedian Gallagher, or a clown, which is funny because he’d brag that he was the first person to play Ronald McDonald in a commercial. He lived in the San Gabriel Valley. I remember one time he made me and Frank try to sell a bunch of videos of him riding around on a motorcycle. Anything to make money for the gang. We took the tapes to ATF, got some cash, and brought it back to Whitey.

THREADING THE NEEDLE
By month three of my hang-around phase, I’d seen plenty—felons in possession of firearms, guys using or selling drugs, the two probation officers associating with known felons involved in a criminal enterprise. I watched and listened and filled out reports as I got to know some of the Vagos. Big Rick would have me to his house in Covina, where he had a lot of weapons. We’d go drink beer and play darts. He was kind of my sponsor, my main point of contact, not unlike Al Pacino in Donnie Brasco. (My original contact—Chuck from the tattoo shop—wound up moving away.) I liked Rick, and I have to admit it felt good to have his confidence in me. People ask if I ever felt conflicted about tricking these guys. Sometimes I did, but you have to reel yourself in and remember they’re part of a criminal organization.

One weekend in the summer of ’97, about four months after becoming a hang-around, I was with a bunch of them headed to Las Vegas for a big officers’ meeting, which happens maybe once a year. They ride in tight formation, wheel to wheel and basically shoulder to shoulder—ranking members up front, rank-and-file in the middle, followed by prospects, and finally the hang-arounds in the back, choking on exhaust and dust. And they ride fast. When you see a pack of them on the highway, there’s a good chance they’re going to a meeting, unless they’re out to show their presence and mark territory. Or they could be on a “run” to a fund-raiser where they’ll take over a park or campground, hand out fliers, charge a cover, sell food and beer—it’s basically a bake sale for bad guys.

On that weekend in Vegas, the Vagos rented out a VFW hall. Whitey, Lars, Chuck, and Big Rick were there. So was Frank, since he was local. We knew we were close to becoming prospects because they’d made us fill out applications. That’s another weird thing: Outlaw biker gangs make the path to membership pretty damn official. They do background checks. You give them a Social Security number, driver’s license—all sorts of stuff, including a fee, which goes toward a private investigator. By chance, I met the PI vetting me. He was hanging around with some Vagos, and when I introduced myself, he was like, “Yeah, man—I know who you are.”

At the VFW hall, Frank and I weren’t allowed to hear the others talk business. We sat in another room, waiting to be called in. I believe I went first. As I walked in, I was facing all the high-ranking officers. They asked, “Are you willing to kill for the club?” They more or less played head games with me to see what I’d say and to test my commitment. But after a few minutes, they eased up and gave me my bottom rocker—the part of the patch that says “SoCal” on it.

It was official: I was a prospect. When they were done with me, they called for Frank and did the same routine on him. Even though you can wear what you want, outlaw motorcycle gang members always wear a denim or leather vest. It’s basically the uniform. The Vagos told me and Frank we had 30 minutes to get the rockers on our vests, so we found an upholstery shop nearby and had our bottom rockers sewn on. Later, when I was with the Warlocks, I was ordered to carry a sewing kit. I think one-percenters are the only outlaws on the planet who keep a needle and thread handy.

LOCKED UP
Being undercover is a terrible way to live. You actually have three lives: your undercover persona, your family persona, and the persona as a law enforcement officer, doing the paperwork and acting like a respectable civil servant. Even though I knew management had my back, dealing with them was the hardest part. They wanted results faster than I could deliver, and they didn’t understand—not in any real way—that every time I was with the Vagos I could have wound up dead. And at the same time I was wondering if I was gonna get whacked, I had to take mental notes about everything I was seeing and hearing—the guns, where I was told to take a package, who’s in possession of what illegal substances. The only reason it didn’t drive me insane was because I was too busy trying to juggle it all, to keep it straight and survive.

Once you’re a prospect, they own you, especially if you don’t have a straight job. I wished I’d made a real job part of my backstory. They thought my hustle with Frank was the extent of it, so they figured I had loads of free time when, really, I had a family at home. They called me a lot. It could be anything from “Hey, prospect, cut my grass” or “Hey, prospect, take this package over to Big Rick’s place” to just hanging out. Saying no wasn’t an option.

I was missing doctors’ appointments for the kids, coming home too tired to do dad duties, and making my wife deal with the whims of my undercover work. I knew it was tough for her. Later, when I traveled back East to infiltrate the Warlocks, I’d be gone for months at a time, which put a huge strain on my family life. My long shaggy hair, goatee, grubby clothes, and steel-toed boots didn’t help, especially in the suburbs, where I lived during those cases. I can’t tell you how many times I showed up at my kids’ school functions only to see parents and teachers shy away from me. If I wanted to lie low, I’d dress a bit nicer, but I was hardly clean-cut. When I infiltrated the Mongols in L.A., I got fully sleeved out with tattoos, so blending in as a civilian got even harder.

Some Vagos, mostly guys from the San Fernando Valley and San Gabriel Valley chapters, used to hang out at a bar near Sunland and Foothill boulevards in the Tujunga area. The owners supposedly didn’t like them wearing their patches in the place and gave them a hard time. So that juvenile probation officer, Tiny Dan—he was obese, with close-cropped hair and a dark goatee— decided, “Let’s go to this bar and document how they’re harassing us and discriminating against us.” The idea was to file a lawsuit and make some money. About a dozen of us rolled to this bar after meeting up and establishing the ground rules. One rule was “No weapons of any kind.” The thing is, since becoming a prospect I’d begun secretly carrying my gun again. My thinking was “If shit breaks bad and I’m supposed to help these guys or defend myself, I don’t want to be caught flat-footed.”

We walked into the bar, and the Vagos had a chip on their shoulder from the jump, looking to stir shit up, talking with the bartender about wearing their colors. Somebody must have made a call or tripped an alarm because LAPD showed up within minutes—multiple cars, lights flashing. They brought us outside one by one, lined us up in front of the bar, and started patting us down. One of them found my gun tucked in my waistband and called out, “Gun!”

As I was being cuffed I looked down the line and the Vagos looked at me like, “What the fuck, Koz!? We said, ‘No guns.’ ”

I was the only guy who got arrested, and I had to make it look legit. A neighbor of mine happened to be a ranking LAPD officer based in the Foothill station. He knew I was ATF, but he didn’t know I was undercover until I told him everything in my cell. Even though I had an alias, a fingerprint check would have turned up my real identity because it’s cross-referenced with an FBI database. Tiny Dan also knew a girl at the front desk, which I learned only later; if she’d gotten my real identity, she could’ve spilled the beans. But Dan came and bailed me out the next morning. The whole night, my wife was at home, wondering why she hadn’t heard from me. When I finally saw her, she said, “I see that you’re not dead. So if you weren’t in jail, you’ve got some explaining to do.”



Before I went to court, my ATF colleagues met with the judge, and he agreed to go along with it to make things look by the numbers. In court, he sentenced me to two years of probation and time served at the Foothill station for carrying a concealed weapon. The whole episode actually gave me more street cred, but I hadn’t forgotten about Junior’s girlfriend or the grilling I’d gotten a few months earlier.

PATCHED IN
By the fall of 1997, about seven months into the case, Frank and I had already been getting hints that we were going to get our full patches when all the Vagos met up at the next national run. This was good news. The bad news? Rumor was that it’d be in Mexico. Working on foreign soil as a federal agent is a bureaucratic nightmare. ATF would have had to notify the Mexican authorities, who could be corrupt or incompetent or simply unwilling to let us work there. And even if we thought we could pull it of, we still had to run it through the proper channels in D.C. We asked, “Hey, can guys in an undercover role dip in and out of Mexico?” The answer wasn’t only no, it was “Hell no!”

The easiest thing would have been to go regardless, hope nothing happened, and come back without telling anyone. But if we got caught, our careers would be over. Frank and I decided our only option was to come up with an excuse not to go. At the time, ATF was part of the U.S. Treasury Department, which had its own federal criminal database. We managed to get something put into the system that red-flagged our aliases for suspicion of trafficking marijuana from Mexico into the U.S. near Brownsville, Texas. That way we could tell the Vagos, “Hey, we got red-flagged a while back and can’t cross the border.” And if they had a source with access to the system, it’d look true.

Fortunately, at the eleventh hour, the national run wound up being slated not in Mexico but in Fontana, near San Bernardino. That happens to be where the first biker gang, the Hells Angels, was founded; in nearby Redlands, a gang called Psychos got started before some of its members split off and formed the Vagos. For whatever reason, Frank, his CI, and the other Vegas guys didn’t go to Fontana, but a hundred Vagos from other chapters made the run to this large property with a long dirt driveway. I worked security in front, bored as hell, watching my cover team drive by now and then. Finally someone from the gathering yelled, “Prospect, get back here. And bring your bike.”

I got on my Harley, and as I rode down the driveway the gate closed behind me; up ahead, they all stood in a horseshoe formation, blocking me. Someone yelled, “Get off your bike, prospect!” I’d barely put the kickstand down when they started pushing, shoving, slapping, even punching me. I couldn’t understand what was happening. I was thinking, “Did I do something wrong? Do they know I’m an undercover cop?” I was glad I wasn’t wearing a wire, but mostly I was thinking, “If this gets bad, just claw your way over that fence to the street! Don’t let yourself fall to the ground with a hundred guys trying to stomp you with steel-toed boots.”

Lars, the Hollywood chapter president with a boxer’s build, was in front of me, pushing, yelling stuff I could barely process, like, “You fucked up, Koz! First you got rough with the Armenian. Then you got people coming around shooting at you. Then you get arrested for possession when we agreed not to carry weapons. You’re fucking trouble, man!”

I tried to stick up for myself without getting physical or making anybody angrier. I’m like, “That’s fuckin’ bullshit, Lars. I did what I needed to do.”

Then after a minute or two—it felt like hours—it all came to a stop. Lars handed me my full patch, grinned, and said, “Get that patch on.” Everybody started cheering.

When we left, my cover team was watching for me, assuming I’d be at the back of the pack. But I was closer to the middle. After they finally spotted me, they were high-fiving one another. “He got his patch! He’s in!”

UNMASKED
I was excited, too. I’d be able to attend church meetings, learn more about the inner workings of the gang. The six or seven months of work—the stress on me and my family—all of it was paying off.

Halloween came soon after I got my patch, and there was a party at a member’s house in the San Fernando Valley, around Reseda and Parthenia. Some Vagos lived in two or three houses on the same block, and the party was hopping. I was even kind of enjoying myself. But then Lars, Tiny Dan, and a smelly, raspy-voiced guy named Pig Pen Pete found me and said, “We need to talk.” We went to another backyard, which was empty, and Dan, the probation officer, said something like, “Hey, we know you got patched in, but we still have some checking out to do. I’m going to have to roll your fingerprints.” He was acting like it was a formality they forgot about, so I wasn’t getting too hinked up. “Sure man, whatever you need,” I said, trying to play it cool.

Dan pulled out an ink pad and fingerprint cards and took my fingerprints, asking me, “Do you go by any other names?” I told him no, and then we walked back to the party.

A few days later, I parked my government vehicle down the street from my undercover apartment in North Hollywood and walked down the alley so I could enter through the back door as usual. My undercover truck and Harley were in the garage.

No more than five minutes after I arrived, there was a knock at the door. It was Lars. “Hey, we gotta call Big Rick,” he said, sounding kind of cold.

“Alright, what’s up?”

He said, “Let’s just get Rick on the phone.”

When I put the phone to my ear, Big Rick said, “What were you doing today?”

I’m like, “I don’t know. I was out and about.”

Rick’s like, “Oh, yeah? What were you doing?”

“Taking care of some business, nothing related to the club.”

Then he asked, “Well, what car were you in?”

I told him I drove my truck, and he said, “I don’t think you were in your truck.” Turns out Lars and some guys were at my place earlier in the day. “They went in your garage and saw your truck and bike.”

I started backpedaling: “OK, well, yeah, you’re right. I had a different car.”

“What kind of car was it?”

“It’s really none of your concern. I was in someone else’s car, taking care of some stuff with other people. Nothing to do with the club.”

Rick told me to put Lars back on the phone, who didn’t say much to Rick other than “Yeah…yeah…yeah.…” He hung up, turned to me, and said, “We still got some concerns about who you are. Where’s your patch?”

I’m like, “Lars, are you kidding me?”

“We may be wrong about this,” he said, “and if so, we’ll owe you an apology. But right now, I need your patch until further notice.”

I was pissed. I wasn’t about to let these assholes blow up all my hard work. I doubled down: “This is bullshit. This is amateur hour. Why didn’t you sort this shit out before? Is this some kind of joke?”

But Lars said, “Don’t make contact and don’t come around the clubhouse.”

At one of the SFV houses, we found a human skull wrapped in a bag. It wasn’t decorative; it had material on it.

So I gave him my patch, vest and all. He was kicking me out of the Vagos two weeks after I was patched in and seven months into an operation that had taken me away from my wife, my newborn, and my two-year-old. Once I knew Lars was gone, I called my cover team, which rolled by to be sure other Vagos weren’t outside waiting to kick my ass. Then they got me out of there. For the next eight weeks or so, I was back at the office, helping put together all the evidence we had on these guys so we could make some arrests and, hopefully, weaken the gang.

Looking back, I was lucky. According to an ATF agent in San Diego who’d heard it from his own CI, the whole thing could be traced back to Junior, my own informant, and his girlfriend. She’d crossed paths with some Vagos right after I was patched in, and she told them that Junior had been working for the ATF when he died. She even gave them the business card I’d handed Junior, which had my Wisconsin information on it. (I’d crossed out the old phone number and written my L.A. number on it while I was waiting for new cards.) So the Vagos put the pieces together, and according to the CI, they were going to “take care” of me.

Out in Las Vegas, nobody suspected Frank of being undercover. They actually thought he was my target and warned him, “Hey, your buddy Koz out in L.A., he’s with the ATF and he’s been working you.” Frank wound up on the phone with Big Rick and the Vagos president, Whitey, who said something along the lines of “I think Koz needs to be eliminated.” At that point Rick said, “I’m getting off this phone call right now,” and hung up. Frank used me as an excuse to lie low and slowly drift away from the Vagos without suspicion.

Over the next several months, we got warrants for Vagos in L.A., Vegas, and San Diego, and we assembled teams of officers—ATF, LASD, LAPD, and local law enforcement from other counties—to move on multiple locations. That included Rick’s place, Lars’s place, Tiny Dan’s place, the Hollywood clubhouse, and the San Fernando Valley houses from the night of the Halloween party. The raids happened before dawn. I didn’t participate, but I was at the SFV properties right after it all went down. Three Vagos were sitting handcuffed on the sidewalk. Pig Pen Pete was one of them, and he started yelling at me, calling me a motherfucker. All told, my work helped us make 13 arrests on everything from drug and gun possession in L.A. and Vegas to possession of commercial-grade explosives down in San Diego. At one of the SFV houses, we found a human skull wrapped in a bag. It wasn’t decorative; it had material on it.

Frank and I received official recognition from headquarters in D.C., and our work inspired enough confidence to help ramp up and improve the undercover branch. It also helped us avoid making some of the same mistakes again in future cases. Looking back, I did a lot of things wrong and made a lot of mistakes. I was mostly flying by the seat of my pants, but that made me a better undercover agent when I infiltrated the Warlocks and the Mongols.

After my Vagos infiltration, the Hollywood chapter lost more or less half its membership. And when it started to pick back up, I worked behind the scenes as a co-case agent and supervising CIs on a two-year infiltration that netted several arrests across five Southern California counties on charges ranging from drug and gun sales to street terrorism, attempted murder, and murder. It wasn’t lost on us that the number of people we put in handcuffs was 22. And if it wasn’t for my first case with the Vagos, my work—and ATF’s—taking down major players in the Warlocks, the Mongols, the Hells Angels, and the Aryan Brotherhood might not have landed indictments and convictions numbering in the hundreds. We didn’t put them out of business, but we sure as hell slowed them down.

Darrin Kozlowski spent 28 years as an ATF agent before retiring in 2017. Mike Kessler is a regular contributor to Los Angeles. His last piece was about peacocks being poached on the Palos Verdes Peninsula.

SOURCE: LA Mag