Against much case precedent, the Waco court has concluded that alleged membership in an organization that law enforcement labels as a gang is sufficient to establish probable cause for an arrest for organized criminal activity even if there is no evidence showing involvement in criminal activity.
“Department of Public Safety Lt. Steven Schwartz, a 17-year department veteran, testified at the morning hearing that William and Morgan English wore patches that identified them as members of a group called Distorted. Another patch identified them as members of a support group for the Bandidos, which Schwartz said has been identified as a criminal street gang.
He said he thinks the Englishes were aware of the rift between the Cossacks and Bandidos and they were there that day as a show of support for the Bandidos.”
“Schwartz said they wore patches that said they support the Bandidos, so that tells him they are at least “somewhat involved in criminal activity.”
He said he saw nothing that day and has developed no subsequent evidence to show the Englishes are involved in criminal activity.” (see Waco Tribune)
Notice the defendant’s knowledge of tensions helped establish probable cause. But consider the fact that knowledge of alleged tension between these clubs in Texas was common and even reported by the media. Knowledge of a rumor on the street or in the media is now sufficient to determine participation in organized criminal activity?
APPLYING THE COURT’S LOGIC TO THE REST OF SOCIETY
Does this mean a Seahawks fan with a jersey and knowledge of tension with Denver fans could land in jail, charged with organized criminal activity and a $1 million bond, if they go to a Denver/Seattle game and a Broncos fan gets hurt by another fan wearing a Seahawks jersey? Sounds unreal. And it should be. But that’s what this decision means for motorcycle clubs.
“Going to the game? Undercover officers will be keeping an eye on Seahawks fans”
(Source: Q13 Fox TV)
Disturbingly, Lt. Schwartz also asserted during testimony that members of criminal street gangs cannot legally carry weapons. Tommy Witherspoon, covering the trial on Twitter, posted “Schwartz said membership in a criminal street gang prohibits one from having a legal concealed handgun license.” Remember, these individuals possess legal concealed carry permits and have passed extensive background checks. This is further proof of the attempt to disarm motorcycle clubs.
Almost every large organization has members that commit crimes. This is true of motorcycle clubs, law enforcement agencies, city councils, state legislatures, U.S. Congress, sports teams, churches, schools, fraternities, sororities, corporations, investment groups, nonprofits, many political groups, and just about every other large group or community. But the actions of the few do not define the whole group.
If mere membership or affiliation with an organization where someone else commits a crime is sufficient to establish probable cause for organized criminal activity and prohibit gun ownership, imagine the chilling effect that could have on not only motorcycle clubs but society at large. Fear of prosecution could deter membership in organizations across the board, particularly those critical of government and law enforcement abuse. Other progressive organizations for change, often in opposition to government abuse and policy, could find themselves any easy target for organized criminal activity prosecutions. It’s an effective method to dismantle a grassroots social or political movement.
Motorcycle clubs will be presumed criminal organizations and the rights of members will be severely restricted. It will be easier to arrest and prosecute club members. Club members with no criminal records will no longer be able to carry concealed weapons legally. Membership will be considered sufficient to establish reasonable suspicion and probable cause that a crime is occurring or will likely occur. It’s not a matter of if or when. This is happening now.
This threat should galvanize us to fight for legislative and judicial relief against discriminatory law enforcement targeting motorcycle clubs. Only through unification, organization, and political action can motorcycle clubs survive the current onslaught targeting our community. Everything from the trademarks of club patches to gun ownership are under attack. Clubs will either unite on common ground or many clubs will cease to exist.
David “Double D” Devereaux is the Spokesperson for the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, The Council of Clubs, and also works with the Confederation of Clubs and US Defenders at the national level. Contact: doubled@motorcycleprofilingproject.com, motorcycleprofilingproject.com
More Info at:
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In “Waco”
Hysteria and American Injustice
In “Waco”
Why All Americans Should Be Concerned About Waco
Bikers Met by Paramilitary Forces: Riding in California is Now Considered a Threat?
Waco Judge Rules Being in a Club is a Crime?
In Country Vets, False Accusations, Unethical “Journalism”.
The Aging Rebel
The LIE That Caused 177 Arrests in Waco
Virginia Police State: No Motorcycle Club is Safe.
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CHRISTIAN UNITY OFFERS SHIELD OF FAITH TO WACO VICTIMS
It’s Wednesday morning and the bikers with Christian insignias on their vests are in a café downing coffee. This is their weekly meeting to share news and go over applications for assistance for the victims and families of the Waco tragedies.
“This one is getting ready to have their electricity shut off,” says Duane. “I think we need to pay the bill.”
The applicants are from motorcycle groups and clubs from all over the state. Whether they were veterans, 1% club members, independent riders, chaplains, or claimed religious or political affiliations, it didn’t matter. What did matter was that they were victims who were detained, deceased or wounded at the Confederation of Clubs meeting at Twin Peaks and they needed financial help. Many have lost their jobs for an unusual charge of ‘engaging in organized crime.’ The loss of health insurance coupled with paying large bonds out of their savings and strapped with monthly lawyer and leg monitor fees put their budgets into a tailspin. The situation for them has become desperate.
Decisions made, Frank hands out another $4000 in gift cards for gasoline, groceries and other necessities. Shield of Faith, an Assembly of God Church non-profit, has volunteered to receive and disburse monies donated to assist the families.
The AG also financially supports Honorbound MM, a motorcycle ministry of ordained chaplains. After a time of prayer, they leave for another day of disbursing the assistance. Honorbound Chaplain, Duane, who is also an NCOM Christian Unity Council member, meets Soldiers for Jesus MC member, Billy the Kid, halfway to San Antonio and gives him some gift cards for the families there. Frank counts out the cards to go to Preacher in Dallas.
Preacher is the Chaplain for the DFW COC. Louie, The NCOM board liaison for Christian Unity and certified grief chaplain, heads to the McClennan County Jail to visit with and teach an anger management class for the detainees who haven’t made bond. Then it’s an overnight stay with a biker who has invited him to stay at his home each week as he travels from Conroe 160 miles away.
This is the NCOM (National Coalition of Motorcyclists) Christian Unity Motorcycle Resource Team in action. Since the founding of NCOM 30 years ago, it was recognized that there were a great number of Christian motorcycle groups and independent riders across the nation. Many of them were involved with NCOM and their local Confederation of Clubs as well as attending yearly NCOM conventions.
NCOM Christian Unity was born 10 years ago out of the need to network with them in their work to better serve the motorcycle community. The MRT or Motorcycle Resource Teams were developed 5 years ago to respond to needs in the motorcycle community with certified and skilled members in areas such as chaplaincy, first aid, EMT, and vehicle transport. Requirements must be met to meet their mission statement.
“The purpose of the NCOM Christian Unity Motorcycle Resource Team is to provide a unified response to the needs of the biker community within their COC area and NCOM region with effective and credible service.” There are Christian Unity MRTS are in 7 of the 11 Confederation of Clubs in Texas.
It’s now Thursday. Louie’s wife Denise updates him in the morning. “The Alabama COC sent $4,000, someone who sells Innocent Biker t-shirts will be sending Shield of Faith their profits,” she says. Denise spends hours each day making Facebook posts, making appeals to potential donors and doing what she calls ‘search and rescue’ to locate and speak with some of these victims.
“Offering ‘free money’ has never been so difficult. Some of them are worried to contact us and apply because they have a non-association with bike clubs stipulation as terms of their release. Our attorney has assured us that we do not fall into that category because we are all certified chaplains in ministerial associations that have 501c3 status, she says; “We have to persuade some of them to apply for the help. Some of them have never had to ask for help before and it is humiliating to do so. Some folks don’t even know we exist. Non-association with their motorcycle community has compounded the problem.” This special education teacher is not getting much of a summer break.
Denise shares some of the contact info for Louie so he can make two separate stops before he heads back to Conroe. One person he will meet up with is Drama, from nearby Mart. Sandra (Drama) Lynch is the Legislative Strike Force State Co-Director of the US Defenders; a part of NCOM. She was one of four women that was detained and released with a large leg monitor on her ankle, usually reserved for dangerous criminals like sex offenders and murderers. Because she is not allowed to speak to any of the members of the motorcycle group she belongs to, she has made phone contact with a friend of relatives. They will then go through an intermediary to get the much needed assistance to members who had also been detained. Louie gives her $700 in gas and grocery cards, gives Drama a hug and moves on to his last stop.
When he walks into Denny’s, Louie sees the mother of four little ones at the table. The mama is holding an infant no more than 4 months old. As he sits down and gives $400 in Walmart and gas cards to her, a rosy cheeked daughter says, “Thanks Mr. Louie, now we can go to Walmart and get some food.”
Louie was really moved by the little girl and said, “Maybe your mom will be able to buy you a little something.”
The mom said, “It will have to be a real little something because we need groceries.”
Louie prays with the family and gives specially made Biker bibles for the husband and wife. He heads out of Denny’s with tears in his eyes and an imprint on his heart. Mission accomplished for this week.
Denise Nobs
Executive Coordinator
NCOM Christian Unity
ncom.christianunity@gmail.com
218.929.7931
UPDATE: Initially, our first goal was to raise $50,000, but now that we are past our halfway mark, we are beginning to raise back-to-school funds. We estimate about 30 children of the victims who need school supplies and clothing and shoe vouchers.
When parents are paying monthly costs of $500 for lawyer fees, and $275 monitor fees, not to mention paying back loans for their bonds, there is no money left for clothes or school supplies. One mom said she’s been so caught up in the daily survival that she hadn’t even thought about the kids going back to school.
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