Quote of the Month
“There is no crueler tyranny that that which is perpetrated under the shield of law and in the name of justice.”
–Montesquieu
Waco: Did You Expect Justice?
The McLennan County grand jury has exonerated three Waco Police officers in the shooting deaths of at least four of the motorcyclists shot in the May 17 2015 Twin Peaks restaurant shootings, where a total of nine people lost their lives. The three officers, Michael Bucher, Heath Jackson and Andy O'Neal had all fired their weapons at the scene and were all put on administrative leave (paid vacation). “These officers acted professional under very difficult circumstances. I’m glad to have this caliber of officers protecting our city,” Waco’s interim police Chief Frank Gentsch said, “I will be returning these officers to full duty immediately.”
Lawyers for some of the accused bikers have filed legal documents to have District Attorney Abel Reyna recused from the criminal cases, saying it impossible for their clients to get a fair trial, citing the DA’s conflict of interest. Reyna is facing a lawsuit for damages charging civil rights violations, and he could be held personally liable if the lawsuits are successful.
Meanwhile 154 people currently remain under indictment on cookie cutter charges of engaging in organized criminal activity, meaning they're all accused of being complicit in the shooting that also left 20 people injured. They face 15 years to life in prison if convicted. The prosecutors are counting on the biker public to forget this as time goes on. Never forget, keep the pressure on. Source: Associated Press, Breitbart Texas
Devils Diciples Trademark Seizure Withdrawn
Our good friend David Devereaux over at the Motorcycle Profiling Project informs us that the feds have withdrawn their intention to seize the trademark of the Devils Diciples motorcycle club. He writes, “Attorney Fritz Clapp, representing the club corresponded with the US Attorney over the obvious legal precedent disqualifying the trademark forfeiture strategy as legally bankrupt and potentially costly. The federal government is attempting to seize property of individuals that have not been found guilty of a crime. This is the same theory that ultimately failed when attempted against the Mongols Motorcycle Club in 2008. The US Attorney responded that they would withdraw the request to forfeit the trademark and have followed through.”
David tells us “Although obvious credit must be given to Mr. Clapp, the almost universal support given to the save the patch movement by the motorcycle club community is a testament to what can be accomplished if unified.”
This is a continuation of efforts by the feds to seize club “colors” in an effort to deprive members of their constitutional rights. The Mongols motorcycle club recently won a case where the feds tried to seize their patch and trademarks, only to have the feds turn around and refile under a slightly different theory. Something is happening here, and it isn’t likely to be televised. Source: www.motorcycleprofilingproject.com
E-15 Controversy Continues
Back in 2012 the American Motorcyclist Association warned that “blender pumps,” those that dispense E-10 and E-15 fuels from the same hose, posed a danger to motorcycle engines, as no motorcycle is designed to run on the high ethanol blend. E-15 can do serious damage to your engine, and purchasers could end up with as much of a quart of E-15 even if they select E-10. This is because so much fuel remains in the hose after pumping.
The government and ethanol lobby’s answer to this was to require a minimum purchase of four gallons, any less which would be a “violation of federal law.” The AMA spotted this in 2012, and the EPA reversed its decision, but common sense proved to be short lived.
As part of the EPA’s E15 Misfueling Mitigation Program, blender pumps are back, and so is the four gallon rule, with the proviso that co-dispensing pumps may only be used for passenger vehicles, and retailers must offer a dedicated E-10 pump for vehicles that cannot run E-15. This is outlined on the ethanol.org website in its latest 2016-2017 “E15 & Flex Fuel Retailer Roadmap.”
The AMA warns that “Congress and the EPA are not protecting you. Ethanol producers and their lobbyists don’t care about the danger of inadvertently misfueling your motorcycle with E15. And confusing labels at the pump don’t get the message across.” They suggest that if you pull up at a pump that offers E-10 and E-15, play it safe and look for the E-10 pump. And if you have a vintage bike, look for E-0, fuel with no ethanol. Warning, less than 5 percent of fuel retailers nationwide offer this alternative. In California, for instance, there are only two retailers statewide, both marinas, that carry it. Source: American Motorcyclist Association, www.americanmotorcyclist.com, www.buyrealgas.com
Friend of Michigan Motorcyclists Dies in Motorcycle Crash
State Representative Peter Pettaliam, an outspoken motorcycle advocate, and the author of the state’s law repealing the Michigan helmet law in 2012, has passed away after a motorcycle crash on September 12. He was the chair of the Michigan House Transportation and Infrastructure Committee and was serving his final term in the legislature. In addition to his job in the House, he also ran a successful auto repair shop for 30 years.
Details of the accident are sketchy. What is known is Pettalia was riding in Northern Michigan when, according to police, a woman in a pickup truck turned directly into his lane, colliding with Rep. Pettalia’s motorcycle. He was wearing a helmet, it is not known whether the helmet contributed to his death. Source: Detroit News, Detroit Free Press
Out-Of-State Plates Not A Legal Reason For Stop Or Search
With more states coming on-line legalizing the weed, police in neighboring states are using out of state plates as a pretense for stop and search missions. It’s gotten so out of hand that the federal courts have gotten involved. The 10th U.S. Circuit Court of Appeals in Denver has now ruled that police officers cannot stop and search vehicles belonging to out-of-state motorists simply because of where they reside, including states where marijuana use is legal.
The case originated when two Kansas state troopers pulled over Colorado motorist Peter Vasquez and searched his vehicle. The officers cited the Colorado license plates on the vehicle to justify the search, in which nothing illegal was found.
The court ruled 2-1 that such a practice would justify searching motorists from 25 states that currently permit medical marijuana, plus the four states where marijuana is legal.
“It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate,” Circuit Judge Carlos Lucero wrote.
Vasquez has filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures. That lawsuit had previously been thrown out, but the court’s decision revives it. Source: Drug War Chronicle, stopthedrugwar.org
You Too Can Be A Badass Biker
Ever want to form your own motorcycle club? It will soon be possible with Grand Theft Auto V’s Biker Update. Soon you can start your own club, with up to eight other players from prospects to Presidents, with new motorcycles, clubhouses, and business opportunities from motorcycle mechanic to crime boss.
According to Rock Star Games, “Beyond a range of opportunities to climb the ranks within a gang and build lucrative businesses as a formidable MC, Bikers also includes a selection of appropriately-themed new modes for bikers of all kinds, along with new weapons, styles, tattoos and features to make this a huge addition to the world of GTA Online.” Source: www.rockstargames.com
