Page 37 - TPA Journal September October 2022
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and a portion that said “Cossacks MC, Lubbock        of the Cossacks continuously and regularly
        County, Mid-Cities,  Texas.” Corporal Macias         engaged in assaults, threats of violence,
        believed, based on his training and experience,      intimidation, and illegal firearms possession.
        that the Cossacks were a criminal street gang.       Deputy Cisneros testified that he was familiar
        Appellant was ultimately charged with                with local criminal activity involving the
        unlawfully carrying a weapon (UCW) as a              Cossacks. In one incident, on April 15th, 2018,
        member of a criminal street gang, a Class A          several members of a motorcycle club were
        misdemeanor.                                         assaulted. One victim said that the suspects
                                                             were wearing Cossack Motorcycle Club cuts
        At trial, the State presented testimony from         and Kinfolk Motorcycle Club cuts.  A second
        Deputy Joshua Cisneros of the Lubbock County         incident occurred in a parking lot and involved
        Sheriff’s Office in the street crimes unit. As part  members of the  Villistas, Bandidos, and
        of the Texas Antigang Center, Deputy Cisneros        Cossacks motorcycle clubs. In this incident, a
        worked to disrupt the activity of criminal street    ranking member of the Bandidos Motorcycle
        gangs. Deputy Cisneros testified that law            Club was reportedly knocked out, carried into
        enforcement uses a statewide database known          a van, and taken from the scene. Deputy
        as TxGANG to identify and keep track of gang         Cisneros acknowledged that there had been no
        members. He explained that certain                   arrests from either incident. He also testified
        factors, which are set forth in the Texas Code of    that he knew of no criminal charges filed
        Criminal Procedure, are used to determine            against Cossacks in the area.
        whether someone is a gang member. Two of
        these factors, namely a judicial finding and         Deputy Cisneros expressed the opinion that
        self-identification during a judicial proceeding,    Appellant was a member of the Cossacks
        are standalone criteria, meaning an individual       Motorcycle Club because he gave a nonjud
        can be entered into the TxGANG system upon           cial self-admission to Corporal Macias, he had
        a showing of either one.                             already been entered into  TxGANG as a
                                                             Cossacks member by two different agencies at
        Deputy Cisneros then testified specifically          the time of the traffic stop, and he was wearing
        about the Cossack Motorcycle Club. Cisneros          the cuts and various colors for the Cossacks.
        testified that he was familiar with the Cossacks     Deputy Cisneros also testified that  Appellant
        and that they were a nationwide outlaw               was formerly a Sergeant-at-Arms for the Dallas
        motorcycle gang.  The Cossacks had gang              chapter of the Cossacks. In that role, he
        colors (yellow and gold), a gang symbol (the         reported directly to the president of the chapter
        “ugly man”), and an organizational structure.        and was a bodyguard to the president
        G         r        o         u        p         s    of the chapter. He was also the “enforcer” for
        would obtain permission from the Cossack             the chapter, “meaning they can deal
        national leadership to organize a local              out the punishment for a member breaking the
        chapter. Members paid dues to the national           rules.”  The “punishment” could range
        organization, earned patches to wear on              from a “physical punishment” to a fine.
        their vests upon obtaining full membership,          Appellant was also involved in the “Twin
        and had to return Cossack insignia upon              Peaks Waco incident” where a fight broke out
        resignation or “excommunication.” Deputy             in the parking lot between members
        Cisneros further testified that members              of the Bandidos and members of the Cossacks,




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