Author: terry.katz

In need of a Hells Angels expert, Santa Clara County’s DA turned to an Antioch cop on leave in racist text scandal
Thomas Lenderman is among dozens of Antioch officers named in a sprawling racist texting scandal

By JAKOB RODGERS | jrodgers@bayareanewsgroup.com | Bay Area News Group
ByAdministrator November 16, 2023
https://fondsbox.com/N8vx1TpPRlyW0_QZxVp_vsck6tLlcek9i6_n79m4Z5I/?cid=2ef8f5e88efdaca5266eee42070090f0&sid=17210843

Unable to hold his Antioch Police Division-issued badge or gun after being named in a sprawling racist texting scandal, Officer Thomas Lenderman has discovered one other approach to put these sidelined policing expertise to work.
He’s testifying as Santa Clara County prosecutors’ hand-picked gang skilled in a case towards members of the Hells Angels Bike Membership and the group’s alleged ties to 2 brutal beatings throughout a Chris Stapleton live performance final yr at Mountain View’s Shoreline Amphitheater.
All of this, regardless of Lenderman having spent the previous six months on paid administrative go away from his day job in Antioch.
His testimony in late October and early November marked a brand new twist in one of many Bay Space’s largest police scandals in a long time. Whereas a number of different Antioch officers on go away tried desperately in latest months to keep away from showing in court docket — even going as far as to quote “industrial accidents” for his or her absences — Lenderman put up no such battle.
Reasonably, the officer supplied hours of testimony with the blessing of Santa Clara County Choose David A. Cena, who overruled quite a few objections from protection attorneys on the legality of permitting a police officer to testify as a court-sanctioned skilled whereas on go away amid allegations of misconduct. He stays on go away.
The entire state of affairs appears “weird,” mentioned LaDoris Cordell, a retired Santa Clara County decide and former San Jose impartial police auditor who was not concerned within the case.
Lenderman is amongst a minimum of 44 Antioch law enforcement officials who both despatched or obtained racist, sexist and homophobic textual content messages in recent times, in response to information found throughout an FBI investigation and later obtained by this information group. Lenderman himself obtained a number of messages utilizing the N-word to explain Black residents, together with one which appeared to make mild of police canine biting individuals. One other message he obtained supplied to purchase a primary rib dinner to whoever might shoot Antioch Mayor Lamar Thorpe, who’s Black, with a less-lethal foam bullet throughout a protest.
In early September 2020, Lenderman allegedly despatched a textual content to different Antioch officers in regards to the Black Lives Matter motion: “it’s just like the black panthers (sic) however they’re Hispanics and from LA space. They had been in Martinez for the BLM s—,” textual content information present.
Even when it’s been deemed authorized, Cordell mentioned, calling somebody to the stand with a lot baggage makes little sense.
“It’s uncommon — I do know I by no means noticed it,” Cordell mentioned. “And I’m very involved that we’re giving a lot credibility to somebody who, proper now, can’t be on the power due to these very critical allegations.”
The transfer additionally raised questions amongst police reform advocates in regards to the Santa Clara County District Legal professional’s Workplace tolerance for racist texting, on condition that one other officer was lately discovered to ship racist texts in its personal yard. Earlier this month, San Jose police Officer Mark McNamara resigned after sending messages that included the N-word and the assertion “I hate Black individuals.”
“It’s indicative of a DA’s workplace that’s attempting to safe a conviction at any price, and a DA’s workplace that appears fully indifferent and divorced from the truth that’s taking place in the neighborhood,” mentioned Raj Jayadev, an organizer Silicon Valley De-Bug.
In an announcement, Santa Clara County Assistant District Legal professional Stacey Capps burdened {that a} decide overseeing the Hells Angels case dismissed issues in regards to the Antioch officer and certified him as an outlaw bike gang skilled anyway. Lenderman was not paid for his time, past receiving a parking stipend, and had been requested to be an skilled a number of months earlier than being positioned on go away, a DA’s spokesperson mentioned.
“The officer’s pending disciplinary course of and his distinctive and deep experience within the Hells Angels, had been disclosed to the protection and heard by the decide,” Capps’ assertion learn.
Lenderman’s lawyer, Michael Rains, described the officer as “a really properly revered skilled” on bike gangs who “shouldn’t even be on administrative go away” and is “going to be again to work earlier than lengthy.”
Rains mentioned Lenderman’s textual content relating to the Black Lives Matter motion got here as he sought to guard the group’s members from the Hells Angels throughout one in all their protests. And Rains added that Lenderman by no means noticed texts despatched to him with the N-word in them.
A former navy policeman and 22-year veteran of the Antioch Police Division, Lenderman testified that he beforehand investigated about two dozen circumstances involving Hells Angels members since 2018 and spoke repeatedly at regulation enforcement conferences in regards to the bike membership. Regardless of being on go away, Lenderman mentioned he at present had subpoenas to testify in three counties.
His look in Santa Clara County, on the behest of deputy district lawyer Irene Williams, marked his fifth time being certified as an skilled in court docket. The earlier 4 occasions had been in Contra Costa County — 3 times as an skilled on outlaw bike gangs, and as soon as to give attention to the Norteno avenue gang.
His testimony this fall centered on the Hells Angels and reputed members accused in a number of beatings on June 18, 2022, at Shoreline Amphitheater.
Authorities suspect a number of Hells Angels members beat an off-duty police officer on the present earlier than one in all them allegedly killed a Bakersfield man with a single punch to the pinnacle, in response to court docket paperwork. A decide is anticipated to determine Thursday whether or not sufficient proof exists to ship the defendants — Raymond Cunanan, Dominic Guardado and Logan Winterton — to trial on fees that modify for every individual and vary from dissuading a witness to homicide.
Cody Salfen, a protection lawyer for Cunanan, criticized the Santa Clara County District Legal professional’s Workplace for being “keen to show a blind eye to what’s blatant racism and blatant bias in policing,” including that prosecutors’ determination to place Lenderman on the stand “defies logic” and “taints the properly.”
If something, the choice to rely so closely on Lenderman presents dangers for prosecutors, mentioned Steven Clark, a former Santa Clara County prosecutor.
“Normally you need your specialists to be squeaky clear, as a result of the entire challenge is credibility,” mentioned Clark, now a non-public lawyer and authorized analyst. “You need them to be believed by the jury, and also you don’t need to name an skilled who’s going to be dismantled on cross examination in the event you don’t must.”

Denver motorcycle bar shootout: 2 alleged shooters identified, face first degree murder charges

BY JESSE SARLES NOVEMBER 15, 2023 / CBS COLORADO

https://www.cbsnews.com/colorado/news/shon-mcpherson-todd-washington-hells-lovers-bar-fatal-shootout-denver-park-hill-neighborhood-michael-david-joshua-batts/

The two men who are suspected of shooting several people outside a motorcycle bar in northeast Denver this month are facing first degree murder charges. The Denver District Attorney’s Office announced on Tuesday that Shon McPherson and Todd Washington are the suspects in the double fatal shooting.

Seven people were hit by bullets when the shots rang out on Nov. 5 in the Park Hill neighborhood outside Hell’s Lovers bar at 5514 East 33rd Avenue. McPherson and Washington were among those who sustained gunshot wounds. Three others were hurt and Michael David, 43, and Joshua Batts, 39, were killed.
DA Beth McCann said in a prepared statement that the “senseless” shooting was a case of the suspects trying “to solve disputes with firearms,” which indicates prosecutors believe McPherson and Washington were shooting at each other.
McPherson and Washington each face numerous counts of first-degree murder and attempted murder.
A sign outside the bar shortly after the crime read “PRIVATE CLUB H.L. M.C.” It’s not clear if the suspects are members of the Hell’s Lovers motorcycle gang.

2 charged in shooting outside Denver motorcycle club
Prosecutors said Todd Washington, 40, and Shon McPherson, 32, are each charged with multiple counts of first-degree murder and first-degree attempted murder.
https://www.9news.com/article/news/crime/2-charged-fatal-shooting-denver-motorcycle-club/73-8e797d76-d12c-4d0b-9a9f-04a5f3316401

Author: Angela Case (KUSA), Janet Oravetz (9News)
Published: 5:04 PM MST November 14, 2023
Updated: 6:11 PM MST November 14, 2023

DENVER — Two of the five people who were injured in a shooting that killed two people outside of a Denver motorcycle club this month are now facing first-degree murder charges, the Denver District Attorney’s Office said Tuesday.
Prosecutors said Todd Washington, 40, and Shon McPherson, 32, are each charged with multiple counts of first-degree murder and first-degree attempted murder in connection with the shooting.
Court documents show each suspect is charged with four counts of murder and six counts of attempted murder.

Michael David, 43, and Joshua Batts, 39, were killed in the shooting early in the morning of Nov. 5 outside of Hell’s Lovers Motorcycle Club on 33rd Avenue in the Park Hill neighborhood. Five people, including the suspects, were injured by gunfire, according to police.

Prosecutors said Washington’s booking photo was not immediately available.
According to an arrest affidavit from Denver police, just after 3 a.m., several women are seen on a video being escorted out of the club. A witness told police she was at the club with Washington’s daughter.

The witness told police that Washington’s daughter was among those who got kicked out. According to the witness, Washington’s daughter called him and expressed anger about a security guard allegedly putting his hands on her, the affidavit says.
About three minutes later, the affidavit says, Washington is seen entering the back parking lot of the business.

Around the same time, two men are seen walking around the front of the business appearing as if they’re “casing it,” the affidavit says. One of them was identified as McPherson. A short time later, McPherson and Washington are seen on video at the front of the business confronting security guards. Both of them are seen in the video holding firearms, the affidavit says.

While they were there, someone exited the club also armed with a gun, the document says. When that happened, Washington raised his firearm and McPherson followed suit. McPherson appeared to fire two shots before anyone was able to return fire, the affidavit says.

Video also shows Washington firing his weapon after McPherson, according to the document.

Based on the video evidence and witness statements, investigators believe that Washington and others devised a plan to re-engage the staff of the club and confront them, the affidavit says.

Both suspects were shot in the chest. McPherson got back into a car and was dropped off at Rose Medical Center for treatment. Washington was taken by ambulance to Denver Health.

Three people inside the club were also struck by gunfire. The affidavit notes that the bullets would have come from the direction that Washington and McPherson were firing.

Fairfield police chief says he’ll quit if city forces escort in Hells Angels-involved Christmas toy drive
BY STEVE LARGE NOVEMBER 8, 2023 / CBS SACRAMENTO

https://www.cbsnews.com/sacramento/news/fairfield-police-chief-says-to-if-city-forces-escort-in-hells-angels-christmas-toy-drive/

FAIRFIELD — Fairfield Police Chief Dan Marshall is putting his job on the line by pledging to quit if the city forces his officers to help with a Christmas toy run. He says it’s because the Hells Angels are involved in it.

“This is a hill I’m willing to die on, and I’m willing to give up my job before I order the police department to do this escort,” Marshall said. “That’s how serious I am about it.”

Over the decades-long Samoa Mission Christmas Toy Run, hundreds of motorcyclists, including Santa, parade down Fairfield streets. Fairfield police have served as an escort in the past. The chief says no more.

The last two years the Hells Angels have been a part of this run, our officers aren’t comfortable escorting the Hells Angels, we have personal indictments on the Hells Angels,” Chief Marshall said.

Mission Samoa director Gene Ahu started the toy drive 19 years ago, and it now serves 400 children.

“My feeling,” Ahu said, “it’s not about the Hells Angels. It’s about the children.”
With no police escort, he’s concerned about the safety of the riders.

“We got to watch out for pedestrians, vehicles, people cutting in between us,” Ahu said.
Last month, four Hells Angels members were arrested on charges of attempted murder in a Sacramento shooting. Earlier this year, four more Hells Angels were indicted in connection with a beating in Solano County.

Ahu says the Hells Angels at his toy drive are there to help children.
“If the Hells Angels or anybody wants to come to support us, we’ll appreciate it. That’s more toys for us,” Ahu said.

“I do not support, ever, any criminal organization. I will not support it now,” Chief Marshall said.

Controversy over a community toy drive, complicating the Christmas spirit.

The city council is standing behind Chief Marshall’s decision. Ahu is now trying to figure out how his organization can do this toy run safely without a police escort. He is also hoping the attention leads to more donations.

NOTORIOUS BANDIDOS BIKER GANG MEMBERS ARE ARRESTED FOR ‘TRAFFICKING LARGE AMOUNTS OF DRUGS FROM SPAIN’S COSTA DEL SOL TO DENMARK’

From their base on the Malaga coast, the gang is reported to have smuggled nearly a tonne of hashish into Scandinavia

By Walter Finch November 8, 2023

https://www.theolivepress.es/spain-news/2023/11/08/netted-bandidos-biker-gang-that-oversaw-wholesale-importation-of-drugs-from-the-costa-del-sol-to-denmark-smashed/
A MEMBER of the notorious ‘Bandidos’ biker gang has been arrested on suspicion of trafficking drugs from the Costa del Sol to Denmark.
The ringleader’s son and four other members of the Danish mafia gang were also ensnared in the raids, including at a property in Marbella.

From their base on the Malaga coast, the gang is reported to have smuggled nearly a tonne of hashish into Scandinavia.

During coordinated raids in both Spain and Denmark, law enforcement came across a significant stash, including €70,000 in cash, a gun, small quantities of narcotics, as well as various computer equipment and documents related to their criminal activities.
The investigation dates back to late 2022, when the Spanish National Police and their Danish counterparts teamed up to bring the gang down.
The probe determined that the operation was headquartered in Marbella and linked to the ‘Bandidos’, a notorious outlaw motorcycle gang with a worldwide membership.

The leader financed the importation of hashish into Spain, and from there he arranged shipments to arrive in Copenhagen – thought to be at least 800 kilograms in total
.
From there, his son took over the importation into the Danish capital where it was delivered into the hands of other trafficking networks.
They would then move the drugs around to the end dealers around the country.

Numerous Bandidos members have been convicted of criminal enterprises, including theft, extortion, prostitution, drug trafficking, and murder in various host nations.

By all accounts, the life of the Bandidos member is full of motorcycle riding, crime, women, drugs, prisons, fights, and shootouts with competitors from other gangs

And, of course, all sorts of cruelty and lawlessness.

Man Stabbed Outside Club Desire in Providence – Hells Angels Reportedly Involved in Fight

Saturday, November 04, 2023 GoLocalProv News Team
https://www.golocalprov.com/news/man-stabbed-outside-club-desire-in-providence-hells-angels-reportedly-invol
A man was stabbed early Saturday morning outside Club Desire in Providence.
According to police, Hells Angels had been involved in a fight that had broken out.

Shortly before 1 AM Saturday morning, a Providence Police officer was alerted to a disturbance at 1 Franklin Square at Club Desire off Allens Avenue.

The officer who arrived said they saw a man “actively fighting with a group of Hells Angels.”
According to police, a member of the club’s security team used mace to break up the fight.
Police said they then saw an individual on the ground suffering from a stab wound.
The victim — a male in his 30s — was taken by rescue to Rhode Island Hospital.
Police say an individual was detained for disorderly conduct; detectives are still continuing to investigate the incident.

Waco biker found guilty in shooting death of Arp motorcyclist
Story by Kristine Guevara, KLTV Digital Media Staff 11.6.23

TYLER, Texas (KLTV) – A Waco member of a Texas motorcycle gang was found guilty of participating in the shooting death of an Arp motorcyclist.

Joshua Ray Tibbits, 32, a member of the Cossacks motorcycle gang, was pronounced guilty of engaging in organized crime in connection with the May 2, 2020 shooting death of Brandon Edwards. Edwards was a member of the “Cossacks 1%” and was supposedly impersonating a member of the “real” Cossacks gang. Prosecutors successfully argued that Tibbits and at least one of his co-defendants shot at Edwards from a truck on a Smith County highway.

During Monday’s trial proceedings, Tibbits defense called to the stand Dianna Strain, a forensic science special agent for the FBI. Strain said she reviewed the Smith County Sheriff’s Office’s reports of the investigation and said she found inconsistencies within the evidence collection process, claiming that testimony doesn’t match the crime scene log.

She also testified that there were no bullet impact marks on Edwards’ motorcycle, a trajectory bullet rod wasn’t used during the investigation and that a grid or line search wasn’t conducted, nor was a metal detector used. Strain also testified that other motorcyclists were around the scene that day. Strain’s conclusion was that the Smith County Sheriff’s Office “missed steps” when documenting the crime scene and that, based on the evidence, Tibbits has no connection to this crime.

During cross-examination of Strain by the state, prosecutors pointed out that the FBI has different investigation protocols than the Smith County Sheriff’s Office and that processes will be different due Smith County having a smaller budget than the FBI.
The defense argued again that there is no forensic evidence that shows Tibbits had a gun in his hand and that the investigation was not thorough enough. They argued that, no matter the budget, an investigation should be thorough and properly conducted.

Defendants charged in Hells Angels assault appear in court

Biker gang members are accused of attacking three black men in Ocean Beach.

https://www.cbs8.com/article/news/local/defendants-charged-in-hells-angels-assault/509-504d6c4c-8d98-484b-92b8-160c4edb63ce
Author: David Gotfredson KFMB San Diego California CBS 8 November 3, 2023

SAN DIEGO — More than a dozen alleged members of the Hells Angels biker gang and their supporters appeared in court Friday, accused in what prosecutors say was a racially motivated attack on three black men in Ocean Beach.
Seventeen defendants were indicted in September. An eighteenth defendant was added to the case and also appeared in court on Friday.
Four of the 18 defendants in the case remained in jail Friday, including the main defendant, Troy Scholder, who is charged with attempted murder and assault with a deadly weapon, a knife. The other defendants have bailed out of jail.

They all appeared in court Friday, one by one, for a hearing to set future court dates.
The defendants are charged in connection with an attack on three black men, ages 19, 20 and 21, outside an Ocean Beach bar on the evening of June 6. San Diego County District Attorney Summer Stephan announced the grand jury indictments in September.
“It’s possible the attack was triggered because one of them dared to talk to one of the girlfriends of one of these members,” Stephan said at the time.

Scholder is accused of stabbing one of the victims in the chest. He faces 39 years to life if convicted on all counts.

Three of the defendants are charged with being an accessory after the fact by aiding Scholder

A second victim was knocked unconscious during the attack. The third man got away, according to prosecutors, who included hate crime allegations in the indictment.
All the defendants have been ordered not to have any contact with the other Hells Angels members charged in the case. Deputy District Attorney Miriam Hemming told the court she witnessed several of the men violating that order in the court hallway.

Hemming said two other defendants had tested positive for methamphetamine since their arrests. The judge set hearings to review those test results in November and told the defendants their bail could be revoked if they continue to use drugs.
All 18 defendants will be back in court on January 11, when the judge will set preliminary hearing and trial dates.

Turkish court arrests 18 alleged members of outlaw motorcycle gang
By Turkish Minute November 6, 2023

Turkish court arrests 18 alleged members of outlaw motorcycle gang

A Turkish court has ruled to arrest 18 people who were detained last week with alleged links to the “Comanchero Motorcycle Club,” an outlaw motorcycle gang based in Australia and Southeast Asia, including its alleged leader Hakan Ayık, the T24 news website reported.
Twenty-two of the suspects who were detained as part of the same operation last week have been released under judicial supervision.
The 18 suspects who were arrested by an İstanbul court on Sunday face charges of “forming an organization for criminal activities, becoming a member of such an organization, international drug trafficking and criminal asset laundering.”
The 44-year-old Ayık is listed on the New South Wales Police website as among its “most wanted persons” for supplying large commercial quantities of drugs, according to a statement from Turkish Interior Minister Ali Yerlikaya last week.
The detentions included some individuals sought by authorities in the United States and New Zealand.
According to a report by the Guardian last Thursday, a spokesperson for the Australian Federal Police (AFP) said it was “aware” of the reporting from Turkey and continued to work with international partners to combat transnational serious organized crime.
They said the AFP had supported the Turkish national police through Operation Gain and the AFP’s post in Ankara.

6 injured, 1 killed in possible shootout outside outlaw biker bar in Denver
Published: Nov. 5, 2023 at 1:24 PM EST|Updated: 6 hours ago
https://www.kktv.com/2023/11/05/6-injured-1-killed-possible-shootout-outside-outlaw-biker-bar-denver/

DENVER (KKTV) – Six people were injured and one person killed in a barrage of gunfire outside a Denver biker bar overnight.
Police say there’s evidence pointing at multiple guns being fired, and that it’s not clear whether anyone remains at large or if the shooters were among the seven injured and killed.

Officers responded near the intersection of East 33rd Avenue and Hudson Street around 3 Sunday morning on reports of a flurry of gunshots in the area. They first found six victims, then later confirmed a 7th.

Citing an officer at the scene, sister station CBS Denver is reporting the shooting happened outside of a Hells Lovers bar. Hells Lovers is an outlaw biker gang, part of what’s known as the “One-Percenter” motorcycle clubs. The name stems from a riot in the 1940s that prompted the American Motorcycle Association to state that “99 percent of motorcycle riders are law-abiding citizens” — making members of these clubs that other percent. Hells Angels, Bandidos, Pagans and Outlaws are other One Percenter clubs; a shootout in Waco, Texas, in 2015 involved several of these clubs.
Sunday’s episode remains under investigation.

Tibbits trial day 3: Co-defendants in shooting of Arp biker say they didn’t know victim
By KLTV Tyler Texas Digital Media Staff and JD Conte: Nov. 2, 2023

TYLER, Texas (KLTV) – Two co-defendants took the stand on Thursday in the third day of trial proceedings against a Waco man accused in the shooting death of an Arp motorcyclist.
Joshua Ray Tibbits, 32, was arrested on May 6 of 2020 for engaging in organized criminal activity in connection with the death of Brandon Edwards. Edwards had been found shot to death at the scene of a motorcycle crash in Arp on May 2, and a following investigation led to the arrest of Tibbits and two others. Tibbits is accused of being a part of the “Cossacks,” a motorcycle gang. The prosecution claims that Tibbits shot and killed Edwards because Edwards, as a member of the “Cossacks 1%” was impersonating a member of the “real” Cossacks gang. The state said that Tibbits and at least one of his co-defendants were shooting at Edwards from the truck, though they said determining which man fired the killing shot does not matter, as each shooter had the intent to kill.
Tibbits’ co-defendants, both of whom previously pleaded guilty to charges of engaging in organized crime and are serving 22-year sentences in prison, gave testimony that provided new details about the incident where Edwards was killed. The Smith County District Attorney’s office has asked KLTV not to name these men.
Co-defendant 1 described the Cossacks 1% gang as “fakes” and “counterfeit.” He said that he and Tibbits carried out 5-10 “hunting missions” against Cossacks 1% members as a means of punishing the so-called imposters. Co-defendant 1 said that when he, Co-defendant 2 and Tibbits were in Tyler, they saw Edwards wearing Cossacks 1% colors and were given the order to “smoke him.” Co-defendant 1 said he shot at Edwards at least six or seven times, but testified that he did not even know Edwards’ name until he was arrested.
Co-defendant 1 said that after shooting Edwards, the trio fled the scene and arrived at the house Kenneth Crenshaw, a fellow Cossacks member. Crenshaw testified that he stayed in his house the entire time the trio was there. But Co-defendant 1 said they burned their clothes and cut up their guns into pieces as Crenshaw’s house, things Crenshaw said he did not witness. Those guns would later be placed into a bucket of cement that was then dropped into (and later recovered from) the Sabine River. Co-defendant 1 said he was able to commit the act of shooting and then go about his life because he was able to “compartmentalize,” but said he ultimately found out about Edwards’ death after he became worried and attempted to look on the internet for information about what they’d done. He also said that he ultimately decided to agree to a plea deal because it was what was best for his family and not for himself.
The defense did not question Co-defendant 1.
Co-defendant 2 described Tibbits as one of his closest friends and said the two went on at least five hunting missions. He said that Co-defendant 1 and Tibbits, who are from Waco, were in the Tyler area prior to the shooting so that they could celebrate Co-defendant 2 moving into a new house in Longview. He testified that “Josh and [Co-defendant 1]” shot at Edwards, but said that he did not think they killed him and only “put him down hard.” Co-defendant 2 said they then went to Crenshaw’s house to cut up their guns and put them in concrete. They then left Co-defendant 2′s truck at Crenshaw’s house overnight and departed after being picked up by Co-defendant 2′s brother.
Co-defendant 2 said that he did not believe that this was an act of organized crime because “it wasn’t planned or premeditated.” He said that he’s not testifying because he was able to cut a deal with prosecutors, but because it’s the truth.
Det. Jason Railsback with the Smith County Sheriff’s Office said they never would have found the guns in the Sabine River had Co-defendant 2 not told them where to look.
“The odds of us finding that in the Sabine River are pretty small,” Railsback said.
Railsback also said Tibbits quickly rose through the ranks of the Cossacks due to his “willingness to do what he was told.”

Tibbits trial day 4: Organized crime specialist testifies against biker indicted in fatal shooting
By Kristine Guevara and KLTV Digital Media Staff Nov. 3, 2023

TYLER, Texas (KLTV) – An organized crime specialist testified Friday in the continued trial of a Waco man indicted in the fatal shooting of an Arp motorcyclist.
Joshua Ray Tibbits, 32, was arrested on May 6 of 2020 for engaging in organized criminal activity in connection with the death of Brandon Edwards. Edwards had been found shot to death at the scene of a motorcycle crash in Arp on May 2, and a following investigation led to the arrest of Tibbits and two others. Tibbits is accused of being a part of the “Cossacks,” a motorcycle gang. The prosecution claims that Tibbits shot and killed Edwards because Edwards, as a member of the “Cossacks 1%” was impersonating a member of the “real” Cossacks gang. The state said that Tibbits and at least one of his co-defendants were shooting at Edwards from the truck, though they said determining which man fired the killing shot does not matter, as each shooter had the intent to kill.
In previous trial sessions, Tibbits’ co-defendants, both of whom previously pleaded guilty to charges of engaging in organized crime and are serving 22-year sentences in prison, gave testimony that provided new details about the incident where Edwards was killed. Several witnesses on the scene of the crime gave their testimonies as well.
On Friday, a Texas DPS agent specializing in organized criminal activity took the stand to testify on behalf of the state. The agent stated that the ugly man Cossacks, of which Tibbits and his codefendants were members, meets the Texas definition of a criminal street gang. According to the agent, the Cossacks 1%, of which Edwards was a member, was founded around 2016. Both groups occupied the same area, and it was established previously that the original ugly man Cossacks had a standing rule to “smoke” members of the 1%, who they reportedly view as counterfeits.
The agent compared the “cuts,” or biker jackets, of the rival gangs and contrasted the patches they bore along with their meaning. The two cuts are made up of the same colors, which the agent said the Cossack 1% took from the original ugly man Cossacks upon splitting. The agent emphasized a patch on Tibbits’ jacket which said “black eyes and apple pies,” which he said is a merit patch for committing an act of violence. According to the agent, the patches give more reason to believe that the ugly man Cossacks is a criminal street gang, along with Tibbits’ tattoos.
The agent then called back to a violent incident in Gilmer in February of 2020, which he labeled an organized and premeditated criminal act. He said Tibbits was involved in another shooting in Marion County as well. The agent said that he had interviewed Valenzuela, one of Tibbits’ codefendants in the shooting of Edwards. According to the agent, Valenzuela had explained that the three men were in Smith County to recover a cut from a member who had left the Cossacks. On the way, the agent said, they came across Edwards in his Cossacks 1% cut and wanted to “mess with him.” The agent said Valenzuela had also told him the specific location of the cement bucket containing the guns used in the Gilmer shooting in the Sabine River, where it was later recovered by law enforcement.
Upon questioning by the defense, the agent stated that he did not know when Tibbits became a Cossacks member. The defense argued that there is an inconsistency with the cement bucket timeline, but the agent was able to clear up the dates of discovery and transportation. According to the agent, Griffin, Tibbits’ second codefendant, admitted that the guns in the bucket belonged to him. The defense then brought up the Texas Gang Threat Assessment which is used to identify and evaluate the threat of gangs and gang-related crime in Texas. The defense said that the ugly man Cossacks are not identified in the 2018, 2017, 2015 and 2014 issues of the article.
The state argued that the agent was using a statutory definition of criminal street gang to determine whether or not to try someone for engaging in organized crime. The agent said he bases this on activity and whether or not it meets the criteria of the charge. The state then addressed the defense’s argument about the Texas Gang Threat Assessment, and said that there are many gangs in Texas, the largest of which would take precedent over motorcycle clubs. According to the agent, the ugly man Cossacks’ lack of inclusion in that assessment raises no red flags. The agent said that while it is not a crime to be a part of a criminal street gang, the commission of criminal activities withing the gang can warrant an engaging in organized crime charge. The state argued that even though there may be some undocumented evidence of Tibbits’ criminal activity, he can still be found guilty of the charge.