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Friday, June 19, 2015

TEXAS - Forfeiture Motions Filed For Cycles, Vehicles Seized At Twin Peaks

OFF THE WIRE
The McLennan County District Attorney’s Office has filed civil motions seeking forfeiture of tens of thousands of dollars’ worth of motorcycles and vehicles impounded after the deadly Twin Peaks shootout in Waco. By: Paul J. Gately

WACO (June 17, 2015) The McLennan County District Attorney’s Office has filed civil motions naming 25 individuals arrested in the May 17 Twin Peaks motorcycle gang shootings seeking forfeiture of tens of thousands of dollars’ worth of motorcycles and vehicles impounded after the shootout that left nine bikers dead and 18 others injured.
District Attorney Abel Reyna said Wednesday state law requires that forfeiture motions be filed within 30 days of an arrest and Wednesday marks the 30th day since the shootings that claimed nine lives and left 18 injured.
Texas law requires that prosecutors prove that items sought through forfeiture were used in the commission of a felony crime or were purchased with money generated from a felony crime.
In most cases forfeitures are filed in connection with drug cases.

Items sought for forfeiture can include vehicles, cash, real estate, firearms and other items.
The actual process of forfeiture can only take place after a person is convicted of the crime alleged in the forfeiture.
Forfeiture, however, is a civil process and not part of a criminal action.
Reyna said the filings do not indicate any guilt on a defendant's part.
There are cases for which forfeiture might not be an option, including property that has little or no value.
Names of those defendants and the items listed for forfeiture include:
Jeff Batty, of Ponder, a 2004 Harley Davidson motorcycle; Richard Benavides, of San Antonio, a 2004 Mazda; Christopher J. Carrizales, of Dallas, a 2003 Harley Davidson; Greg J. Corrales, of San Antonio, a 2003 Chevrolet; John F. Craft, of Temple, a 2006 Harley Davidson; John Guerrero, of San Antonio, a 2006 Chevrolet and Tommy K. Jennings, of North Richland Hills, a 2003 GMC.
Also Josh L. Martin, of Pittsburg, a 2008 Chevrolet; David Martinez, of Terrell, a 2015 Harley Davidson; Billy J. McRee, of Seagoville, a 2008 Harley Davidson; Michael D. Moore, of Fort Worth, a 1999 GMC 350 pickup; Jason J. Moreno, of San Antonio, a 2008 Chevrolet; Anthony S. Palmer, of Longview, a 2002 Ford F-250 pickup; Clayton D. Reed, of Burleson, a 2009 Harley Davidson, Diego Obledo, of San Antonio, a 2009 Toyota and Kristopher Rhyne, of Axtell, a 2009 Harley Davidson.
Also James E. Stallings, of Corsicana, a 2009 Harley Davidson; Michael G. Thomas, of Mesquite, a 2006 Harley Davidson; Reginald Weathers, of Forney, a 2004 Midway motorcycle; John R. Wilson, of Waco, a 2013 Harley Davidson; Ricky W. Wycough, of Richardson, a 2011 Harley Davidson; Ronald N. Atterbury, of Gatesville, a 2003 Harley Davidson; James B. Ensey, of Fort Worth, a 2004 Harley Davidson; Timothy S. Satterwhite, of Gordon, a 2003 Harley Davidson and Jacob R. Wilson, of Hewitt, a 2012 Harley Davidson.

Once items are forfeited, the state may sell them and use the proceeds or may convert the items for use by police or other law enforcement departments.