Someone (author unknown) suggested this might make a good addition to the article you published today:
Diagram of the .223 bullet in the tip top of Diesel Boyett’s head
Waco – When a hearing opens this morning in 19th District Criminal Court, evidence items to be considered include mysteries as yet undiscovered in the Twin Peaks massacre of May 17, 2015.
Defense lawyers challenging the prosecution’s case against 155 men and women, all of whom are charged with somehow contributing to the murders of 9 men through their alleged engagement in organized criminal activity by attending a political meeting of activist bikekrs on May 17, 2015, at a Waco bistro will demand scrutiny of more evidence and answers to questions either unasked, or left up to speculation by the State.
Former District Judge Susan Criss, Millie Thompson, and F. Clinton Broden have all demanded the recusal of Judge Ralph T. Strother. They, along with Casie Gotro, the lawyer representing Dallas Bandido Jake Carrizal, who is charged with directing the activities of a criminal organization as he rode into the ambush by Cossacks within an L-shaped ambush by Waco police and State Troopers on his Harley-Davidson, have all complained that DA Abel Reyna and staff are dragging their feet in the production of items of exculpatory evidence.
In an evidentiary hearing held on Monday, the judge made it clear from the start that he would not allow Ms. Gotro to put any of the witnesses she had subpoenaed on the stand; he also refused to order the witnesses to produce the evidence thus requested in order to defend the accused man.
If only three M-4 AR-15 patrol rifles were used by police, then why is a bullet that seems to have been fired as a coup de grace into the very tip top of the crown of Daniel Raymond “Diesel” Boyett’s head after he was apparently prostrate and face down, already dead from another wound made by a similar weapon that does not match the ballistic characteristics of one of the three police rifles known to have been tested by experts?
Good question? Here’s something that begs an even better one.
DPS Director Steven McCraw or his designee were not required to take the witness stand, nor were they ordered to produce any evidence about that revelation during the Monday hearing, even though all their pertinent records have been subpoenaed by the defense team representing Carrizal.
An anonymous correspondent wrote this narrative to The Legendary. It raises the issues entirely relevant to the controversy as to why Judge Strother should not recuse himself.
So far, the judge has neglected to take any action to help defense attorneys answer this or many other questions that would lead to the discovery of exculpatory revelations.
Boyett was shot twice in the head. Only one of those bullets was linked to WPD; specifically that of WPD SWAT Officer Michael Bucher. The second bullet was excluded from the 3 WPD guns.
Even though the second bullet was ‘consistent with .223 caliber, neither law enforcement, nor the District Attorney’s Office have made any attempt to determine where this 2nd bullet came from.
One shot, and likely the first, was to the left side of Boyett’s head; located an inch or two behind his ear. The second bullet entered the vertex of Boyett’s head (See attached). Eye witnesses have said, and will say Boyett was one of the first, if not the first, to fall that day.
Unless the second shooter was hovering directly above Boyett’s head, the only logical conclusion is that the second bullet entered his head after he was already on the ground. One might question whether this second gunshot wound, was “a cover bullet”?
Crime scene photos have Boyett’s head facing and/or pointing in the same direction Officer Bucher’s police unit; thereby placing him in Bucher’s direct line of fire. Compare this with Butcher’s widely publicized dash cam video. Bucher and his partner apparently sit patiently waiting for something to shoot. This is evident by noticing the in-car camera footage shake vertically as the officers exit the car…well after Boyett would have already been on the ground with someone else’s bullet in his head.
The findings of autopsies on the nine dead men make a clear suggestion to any finder of fact – and that’s what the jurors will be, as under the Texas Code of Criminal Procedure, the judge is the sole interpreter of the law, its efficacy, morality, justice or propriety.
Members of the jury must decide if the evidence and testimony presented by the State of Texas actually puts a weapon such as a firearm, a chain, a whip, a club or “object unknown to the Grand Jury” into the hands of any of the defendants, and whether that evidence is sufficient beyond a reasonable doubt that the accused thereby contributed to the death by capital murder of the victim.
A dash cam view of the aftermath of the “melee” at Twin Peaks