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Legal View with Ashleigh Banfield

Police Press Conference Regarding Waco Biker Violence; Discussion of the Case. Aired 12:30-1p ET

Aired May 18, 2015 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:30:00] (COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN HOST: I've been telling you we've been waiting on a live news conference on Waco, Texas. I want to take you there live right now where Sergeant Mike Swanton, I believe is about to take to the microphone -- Mike Swanton, did I get the name right, guys? Is it Mike Swanton? Swanton with a T.

Swanton, OK. Sorry, I'm having a tough time hearing the pronunciation. Let's listen in to the sergeant.

SGT. W. PATRICK SWANTON, WACO POLICE: ... make it a little better to hear. They'll knock everything down (inaudible).

And so just everybody knows, this is most likely going to be the last presser from here for the day. I'll give you as much information as I can, and we've obviously grown a little bit. So as we get done, I will try to do individuals if you need that. Remember there 's a bunch of you here so just kind of be patient if you will.

Are there people that have not been here before that don't know the entire story? I'm guessing everybody's got a pretty good -- I'll give a brief recap and then I tell you the update from today. And we then I'll give you an opportunity to ask questions. What I would ask that we all do is let me call on you for the questions, don't everybody shout at me. Let me call on you and then I will repeat the question so everybody hears the question. You may have to remind me to repeat the question as we're going. Good enough? All right.

Yesterday afternoon, shortly after 12:00 p.m. we had officers, 18 individual officers including command that that was here on scene at Twin Peaks. That contingent of our officers included an assistant chief, and included sergeants, it included tactical officers, as well as a rookie officer. We also had four DPS officers, Texas Department of Public Safety officers that were here with us. And I've said it and I will say it again, those officer's reactions and their action to a very hostile, deadly situation saved our citizens lives yesterday afternoon.

[12:35:22] We knew there were issues here at the Twin Peaks based on intel that we received about biker gangs being here. We've been here over the past two months because of the problems that we've had with biker gangs at Twin Peaks. I won't rehash the issues that we've had with management, you're all aware of that. We'll let the chips fall where they may on that and they have some answering not only to do you all, but to our community as well.

I can tell you as they were here on scene watching for trouble, a disturbance erupted inside the restaurant. It started in the restroom, quickly escalated to the outdoor patio bar area, shots were fired inside the restaurant by rival biker gang members at each other. We had wounded inside, we had people stabbed, we had people shot, and we had people beat. That disturbance moved into the parking lot very quickly. Our officers responded very quickly and appropriately.

As we pulled up on scene, the shooting at individual bikers from bikers turned towards us. Our officers took fire and responded appropriately returning fire.

The number of shots, who shot who and all of that will be part of our investigative process, it won't be released right away. I can tell you we had 18 Waco officers and four DPS officers that were here on scene and were involved in the gunfight within a matter of seconds from the initial indication there was a disturbance inside. Those officers quickly gained control of a very violent scene and proned out or tool numerous biker individuals into temporary custody. They called for additional backup and we had numerous law enforcement agencies that responded to assist.

If you can name an agency in McLennan County, they were here with us yesterday, that include local, state, federal and county officers. We had counties from our neighboring counties have assisted as well in this entire investigation. All of those agencies are still here today and are still providing manpower and support to us. And to that, we are extremely thankful for that.

We've had a huge outpouring of support by our community, by our business members, and by our citizens, whether it was bringing officers or I'm sorry -- whether it was bringing officers water or food or sending us prayers via e-mail or our Facebook, or personal messages to the individual officers here. We are proud of our Waco community. And make no mistake about it, we are here to serve and protect them and that happened yesterday with a huge contingent of law enforcement officers.

Once we were able to get the scene under control, I mentioned to some of you that we had off duty officers that were here shopping, those officers responded as well, putting their selves in harm's way even without the proper equipment to protect their selves, they saw officers and citizens in need, and they didn't second guess. They came straight to us and helped.

We had officers coming in from off-duty, trying to provide support that they could. We had businesses bringing us items are we were here all throughout the night. Once we got the scene under control, we called in some various organizations to assist us with transport, we took over 170 individuals to our convention center where they were detained. And the investigation continued there. We had another large contingent of officers providing security at our convention center as we had threats for that area as well.

I will tell you that area has now cleared, the convention center is no longer a processing center for us for individuals who we had detained. There is a lot of work yet to be done. I said in initially this morning that we had arrested 192, I am correcting that number. It is a little bit lower. At last count, we have a 170 individuals that we have arrested and are booking or have been booked into the McLennan County Jail.

[12:40:10] Those individuals are being charged with engaging an organized crime in reference to the shooting at Twin Peaks which is a capital murder. It's a capital murder because of the number of victims that were killed in one episode here. Those individuals have all been transported. It will be a little bit of a process, obviously a little bit of a logistical process for the county to get them all booked in. You can obtain mugshots through the McLennan County SO. I would assume at some point that they will release an entire list of names of individuals that are being booked in as well.

The scene behind us today is pretty secured. I think you all were here last night with us and throughout the day saw a huge contingent of officers. You still see that today.

There earlier were officers up on top of Twin Peaks providing security. I had some individuals who are asking me why is there officers up on the overpasses? They were providing security so we didn't have people having high ground on us. That has been started to slow down a little bit. We feel a little more secure here.

This parking lot is still secure for only media and law enforcement personnel only. There's still is a large contingent of SWAT officers here on scene providing protection for you all and providing protection for the detectives that are still processing the scene.

All right, what's going on now? We are continuing to process a lot of evidence from our crime scene. I just talked to our crime scene sergeant, the unit supervisor, he has told me that we are using various agencies and their equipment as well as ours. We are on the process of diagramming every piece of evidence, every vehicle, every bloodspot, every body that was there. The bodies have all been removed and sent away for forensics and for autopsy results.

Our crime scene unit is working with the FBIs, with ATF, with DPS, with all of the local organizations, and at this point, what they'll do is they're going to go through piece by piece and process evidence in that scene.

They are working on the diagramming part of that now, which means if there's a bullet here, they diagram it and they measure it. If there's a blood splatter three feet away, they diagram and measure it. Obviously that's going to take a while. They told me once that process is done, they're going to start towing vehicles away from the scene.

There are probably 100 plus motorcycles that are involved in this. There are probably another 50 to 75 private vehicles that are involved in that. Some of those are suspect vehicles. Some of those are biker member vehicles and some of them will be towed for evidence and some of them will remain here as seen as they're not evidence-value to us. You'll see that start at some point later in the afternoon.

I asked the crime scene sergeant for a time on how long he thought we would be here today. He's best guess that that he could give us was we will be here till dark processing that scene still. I think at some point this evening, we may be able to move away from that and we'll have gather everything we can.

Again, we're not in a rush. This is our scene, its secure. We'll take the necessary time. We don't want to miss anything. This is obviously a very large investigation involving numerous agencies and organizations and we're going to get it right.

The McLennan County District attorney office was here early on yesterday. TABC was here early on yesterday, and those individuals have been instrumental in helping us obtain warrants and arrest 170 individuals. That is the count that I had as of coming up here to brief you. That number is going to be flexible. You have to understand that we had a large amount of people being processed and involved. Some of those names were the same, same last names, so that will give and take a minute amount.

TABC has informed us that they have developed a prior or had the process implemented here where there is a seven-day shut down of Twin Peaks for liquor sales. Somebody asked me earlier if they would be open to the general public. They will be opened for food sales. I hope that they have the courtesy and respects for our citizens and the dead individuals there that they will use this as a cooling off period and not be open for business. That is not our call. It is our desire they do that. It will be up to the management here whether they do that or not. We can't tell you that they will not be allowed to have any liquor sales. And they will not be allowed to move any liquor in or out of that establishment for seven days.

[12:45:21] TABC will continue their investigation in additional things maybe applicable as they go through their process. You will have to contact them for additional information on what they may or may not do, all right?

We -- with out a doubt, we want to make sure that we mention the media assistance that we had here yesterday was very good in getting information out quickly to our public. There was a significant danger here yesterday because the amount of violence that occurred behind us here.

We got worried out through the media who shared that with their public, their viewers, their readers, their Twitter and Facebook followers. And we started evacuating people from an entire mall -- outdoor mall shopping area in a very short amount of time. A lot of that was contributed what you all did.

The law enforcement presence that we've had here today has been -- we just can't brag on it enough. We have folks that are providing us whatever we need, whether it's resources, manpower, equipment or just helping us out with mundane task such as providing water or running intel back and forth from the scene. I think that kind of bring us up-to-date. You won't see a whole lot more here from the scene today other than towing of vehicles. This will most like be my last presser from here. I would ask you if I don't have you on my mail out list for press releases, if you will go on our Facebook page, you will get the press releases there that are the same ones going out to my local media that I have their e-mails for.

It would be difficult for me to try to get everybody's e-mail. So if I don't have you already, keep up with my Facebook, sometimes you will get that faster than it goes to the e-mail folks, all right?

Again, at this point I think that catches us up one everything. And I'm going to start and work this way with questions. And I would try to repeat the questions as we go. Yes sir?

UNIDENTIFIED MALE: (inaudible) with ABC. Can you just try and I know that the (inaudible) who shot who when, but can you just give us a timeline about when the first -- when the brawl took place about and when the first shot was -- were delivered by this (inaudible), and possibly the last shoot that law enforcement sent to stop the (inaudible).

SWANTON: His question is can I give a timeline in the shots fired inside the business from the biker gang members and then from law enforcement.

I will tell you it happened very fast. Can I give specific timelines? No, sir. I can tell you that we were there within seconds, seconds meaning within probably 30, 45 seconds, we were on scene and responding, trying to protect ourselves and citizens. I'm moving around, yes sir?

UNIDENTIFIED MALE: Some of these gangs have put a green light in the lives of police officers, what are you doing to keep yourself safe or what you're trying to keep this area secure?

SWANTON: You see the contingent of officer behind us, what you're not seeing because you're here is the officers that are on outer perimeter. We have layers here, if you will, of protection.

The first layer is our patrol officers, they're out there outer perimeter watching. And then the inside layer is officers that are milling around through parking lots. The tactical officers that are here behind me and those include lots of various organizations.

His question was, what are we doing to protect everybody here? Layers of protection, Numerous officers still here. Yes, there was a green light put out on law enforcement as our understanding from last night. We're aware of that threat and we have the appropriate response if we have to face that. Chris (ph)?

CHRIS (ph): Can you speak on some -- which gangs (inaudible). I mean a lot of different (inaudible) pieces here...

SWANTON: Yes. CHRIS (ph): ... do you have a breakdown of which gangs...

SWANTON: I do. I would tell you this. We have five known gangs that were involved here. I am not about to give them the respect of mentioning their names. You will not hear that from Waco Police Department. We don't care what their names are and we're not going to give them publicity.

I would tell you there are five gang members that -- five active bike gang members that were involved in this. You won't hear their name from us, here today, nor will you throughout the end -- remainder this investigation, yes sir?

[12:50:00] UNIDENTIFIED MALE: You mentioned 170 arrested (inaudible) individuals. (inaudible). Is there any way you guys could (inaudible) what the 170 will be charged with? Can you guys figure out (inaudible)

SWANTON: The question in walk -- bringing back through this, the question was...

(OFF-MIKE)

SWANTON: A hundred and seventy individuals have been charged with engaging in organized crime in reference to a capital murder case at Twin Peaks -- that basically says that 170 people have been involved in capital murder.

The D.A. will probably be better able to answer those legal questions on that. But I can tell you a 170 individuals are being booked in process if that's not already complete for engaging an organized crime that the organize crime is capital murder at the Twin Peaks restaurant.

Was there another part of that that I missed?

(OFF-MIKE)

SWANTON: Obviously the investigation will continue. There are a lot of parts to it, will we glean more information as the days and weeks come through, absolutely. Yes ma'am?

UNIDENTIFIED FEMALE: Where were the body found, shoot there.

SWANTON: Scattered everywhere. I can tell you the shooting started inside the majority of bodies when I did my walkthrough yesterday. I know that there were at least three dead individuals in the immediate parking lot directly behind us.

It's my understanding, another four where around the front of Twin Peaks. And then an additional victim had been dragged over behind the other restaurant behind us. So the bodies that were still here were all scattered around the Twin Peaks parameter.

(OFF-MIKE)

SWANTON: Yes ma'am. Olivia (ph).

(OFF-MIKE)

SWANTON: Absolutely we saw it last night. We have been slowed down. We have not seen as much activity today coming in to the Waco area. We did see a heavy presence of bikers coming in to Waco yesterday.

It was our intelligence that told us there were headed this way and we're trying to get some pay back whether it was against us or rival bike members we don't know.

We considered that a reliable threat to be appropriate actions. And I can confirm that were numerous members of other bike gangs that were coming here as well.

(OFF-MIKE)

SWANTON: Yes ma'am.

(OFF-MIKE)

SWANTON: Yes ma'am. The question was where the initial officers that responded where they in uniform?

Yes, they were. These were officers that were full dress uniform. There were some that were in tactical garb as far as the large vest. Well marked police. No doubt about it that were officers. When they came in they were in mark units as well, some of the marking et cetera, there still have bullet holes in them. Some of them were what we call our ghost marked units which were subdued units.

(OFF-MIKE)

SWANTON: Yes, these officers were not undercover. We wanted our presence to be known by the bikers that were here. There was no doubt they knew we were out here. That was a large contingent of officers in police vehicles sitting, driving, going through the parking lot we were well seen.

I said yesterday or earlier this morning they could care less whether we here or not, that's the violence that we were dealing with yesterday.

They knew we were seconds away and we're going to respond it mattered not to them. They were still killing individual and in turn they gun fired us when we got here.

(OFF-MIKE)

SWANTON: Correct they were all outside. Yes ma'am.

(OFF-MIKE)

SWANTON: I don't, I have not heard that. And I can't confirm that.

(OFF-MIKE) SWANTON: No. I can tell you this is all been shared state wide. We have a great intelligence officer here that was a reason we had a S.W.A.T. team here yesterday morning.

We knew that, we knew that the chance for violence was significant. We shared that information with our local agencies and with our county agencies. There has been a heavy increase of that over the past couple of months because of the activity here.

[12:55:09] The question was, are we sharing intel? Absolutely. Will we continue to share that intel without a doubt we will.

(OFF-MIKE)

SWANTON: Yes sir.

(OFF-MIKE)

SWANTON: I will get back to that.

(OFF-MIKE)

SWANTON: Not yet. So our understanding that they are local and they are far reaching as well. I'm going to go back to that question, it's important we address this. What do we think other communities can learn from this?

The first and most important lesson is, if you have a police department and asking for your assistance as a business, you out to pay attention to that. If you don't bad things can happen as example here today.

Number two is that Waco Police Department and the local agencies around here did a hell of a job in a response to a very critical deadly scene. And I can't say that enough and count their efforts enough.

The sharing of intelligence from local agencies, the movements by the operators that moved up into active shooter scene were incredible. The amount of officers that were off duty in coming to help that touts and speaks volumes for our community. And what are officers will do to protect them.

For our community one thing that we want them to know is Waco you are safe. You got a good police force here, whether it's local, county or state, you've got good officers here protecting you and we're going to do what we can to do that.

BANFIELD: All right, so Patrick Swanton is wrapping up his news conference in Waco and perhaps the biggest, great to come out of this the information that there's a 170 people who's been charged under the organized crime statute.

And he said it, they'll face capital murder. This is a very big development. Capital murder in Texas carries with the potential of eight death penalty sentence as well. I want to bring in my legal expert here, Danny Cevallos and Joey Jackson. A couple of other things he said. The police officers took fire as well. Not only that but it's five known gangs he refused to name who they were.

Hundred motor cycles plus and other vehicles still to be cleared away, 170 people guys. How do you charge a 170 people in organize crime with capital murder, does that mean each and every one of them is eligible for the death penalty?

DANNY CEVALLOS, CNN LEGAL ANALYST: Well in Texas it's a little confusing but there are two separate crimes at play here. There is capital murder, the murder -- the kind of murder that makes you eligible for the death penalty.

There is also engaging an organized crime activity which is a separate offense although the underlying predicate crime could be capital murder.

So you can charge a defendant with engaging an organize crime which is a very serious felony and with the underlying crime being a capital murder. And then separately charge them with capital murder.

So from what the police have told us so far it's -- I'm not entirely certain who's been charge with which section of what.

BANFIELD: And they didn't say, but one.

JOEY JACKSON, HLN LEGAL ANALYST: Yeah, prosector, yes the prosecutor certain will have to tend factually and determine which one engaged in what.

But very important things to remember, two things very important, the first thing is remember what he said during the press con, the police were onto some activity occurring here as a result of that they may have very good intelligence as the who was doing what.

Police were on that scene and we don't know they also have mentioned they were undercover officers that were involved. So the police may have, police testimony which further behind it.

BANFIELD: Well its very important because we actually had Billy Queen on earlier today who said that would not be surprise, he did undercover work with by gangs. He was one, he actually got his patch while he was undercover. And he said he wouldn't be surprise that were cover officers in that whole (inaudible).

JACKSON: Absolutely. And then you have the conspiracy charge because with regard to the engaging organize activity, you just have to conspire to, what is that mean? You have to have the intention to agree to commit the act.

And so that something the prosecutors...

BANFIELD: Yeah, but hey one of the periscope, followers who's watching us right now asked a great question, 170 different trials? CEVALLOS: Well that depends on how they, you know, the court will give great difference to the prosecutors choice of how to charge, charging all those people together.

That does not mean that the defense wouldn't move to separate those trials. That is almost always in the sound discretion of the trial court and is always a case by case analysis.

JACKSON: But you can, you cannot try 170 people at a time. There are instances Ashleigh where we have separate juries doing multiple defendant trials and they're evaluating the conduct at each separate group but impossible from an administrative perspective.

BALDWIN: It just -- let me wrap this up guys. Every vehicle, everybody, every bullet, every bloodspot is all being diagramed right now, the FBI, the ATF, the Department of Public Service, the local organizations all on the scene.

And this sergeant seems to think they're going to be able to wrap up this crime scene by dark. But that is a massive job and as he said they want to get it right. It's a big job with very serious charges that could affect those who've been arrested and are processed as we speak.

Danny Cevallos, thank you. Joey Jackson, thank you as well. And thank you everyone for watching it's been great to have you with us today.

I'm going to turn he helm over Wolf Blitzer, who's going to start right now.