Issue link: https://www.epageflip.net/i/573313
ByEmilySchmall The Associated Press FORT WORTH, TEXAS Evi- dence reviewed by The As- sociated Press confirms that police bullets hit bik- ers in the deadly shootout involving two rival motor- cycle clubs that clashed last spring outside a Waco res- taurant, though it isn't clear whether those rifle shots caused any of the nine fa- talities. The AP reviewed more than 8,800 pages of evi- dence, including police re- ports, dash-cam video, pho- tos and audio interviews related to the May 17 con- frontation. The material of- fers the best insight yet into how the shootout unfolded. Four months later, au- thorities have released lit- tle information about what sparked the fight or how the gunfire played out, and no one has been charged with any of the deaths. The trove of evidence was shared with criminal de- fense attorneys and is ex- pected to be presented to a grand jury. It includes video footage of people fleeing the scene while shots ring out, audio of police threatening to shoot people if they rise from the ground and pho- tos of bodies lying in pools of blood in the restaurant parking lot. The gunfire erupted shortly before a meeting of a coalition of motorcycle clubs that advocates rider safety. At least 20 people were treated for gunshot wounds and other injuries. Many witnesses, includ- ing bikers and waitresses at the Twin Peaks restaurant, told police that the shooting began after a Bandido rider hit a prospective member of the Cossacks with his mo- torcycle, according to the evidence. A fistfight ensued, followed by several minutes of shooting. Waco Police Chief Brent Stroman said in June that three officers fired a total of 12 shots, but police have never said whether those bullets struck anyone, fa- tally or otherwise. Officer George Vrail was assigned to a special detail to cover the meeting and wrote in a 724-page inci- dent report that he saw two officers during the shootout who "had multiple suspects down on the ground." The officers told him they had been "engaged" by gun- fire as they got out of their marked police car. Both of them returned fire and "struck multiple suspects with their patrol rifles." In his portion of the in- cident report, officer Keith Vaughn wrote that another officer spotted a man shoot- ing into the crowd and told Vaughn that he fired one round "to stop the individ- ual from shooting anyone else." Waco police spokesman Patrick Swanton declined to comment on the evi- dence the AP reviewed, cit- ing a gag order in the crimi- nal case of one of the bikers. According to the incident report, a separate Waco po- lice investigation into the police shootings is under- way. The Bureau of Alcohol, Tobacco, Firearms and Ex- plosives is conducting bal- listics analyses. ATF spokes- woman Nicole Strong de- clined to comment. Following the shoot- ing, 177 people were ar- rested and held for days or weeks on $1 million bonds on charges of engaging in organized criminal activ- ity. But no one has been in- dicted, and it remains un- clear whose bullets struck the dead and wounded. It's also unclear when the cases will be presented to a grand jury. After the shootout, bikers were taken to the Waco con- vention center for process- ing and were told on the way that they were going to be interviewed as wit- nesses, according to a 430- page Texas Department of Public Safety report that corroborates what arrested bikers have told AP. But prosecutors decided late that night to arrest the majority of those detained. District Attorney Abel Reyna and his staff told au- thorities at the convention center that anyone wearing a patch, clothing or insignia that indicated support for the Bandidos or Cossacks should be charged with en- gaging in organized crime, according to the report. Reyna did not return calls seeking comment. ASSOCIATED PRESS REVIEW Wa co p ol ic e bu ll et s hi t bi ke rs i n de ad ly M ay m el ee JERRYLARSON—THEASSOCIATEDPRESSFILE Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant in Waco, Texas. By Matthew Daly The Associated Press WASHINGTON The En- vironmental Protection Agency on Friday ordered Volkswagen to fix nearly 500,000 VW and Audi die- sel cars that the agency said are intentionally violating clean air laws by using soft- ware that evades EPA emis- sions standards. VW, which owns Audi, faces billions of dollars in fines, although amounts were not determined. The cars, all built in the last seven years, include a device programmed to de- tect when they are undergo- ing official emissions test- ing, the EPA said, adding that the cars only turn on full emissions control sys- tems during that testing. The controls are turned off during normal driving situ- ations, the EPA said. The EPA called the com- pany's use of the so-called "defeat device" illegal and a threat to public health. "EPA is committed to making sure that all auto- makers play by the same rules," said Cynthia Giles, assistant EPA administra- tor for enforcement and compliance assurance. The EPA called on VW to fix the cars' emissions sys- tems, but said car owners do not need to take immediate action. The violations do not present a safety hazard and the cars remain legal to drive and sell, the EPA said. The German automaker said in a statement it is co- operating with the investi- gation, but declined further comment. The EPA said VW faces fines of up to $37,500 per vehicle for the violations — a total of more than $18 bil- lion. No final total was an- nounced. California issued a separatecomplianceorderto VW,andofficialsannounced an investigation by the Cali- fornia Air Resources Board. Despite the seriousness of the violation, the EPA said VW will be given "a reasonable amount of time to develop a plan to com- plete the repairs," includ- ing both the repair proce- dure and manufacture of any needed parts. It could take up to a year to identify corrective ac- tions, develop a recall plan and issue recall notices, the EPA said. Environmental groups hailed the EPA and Califor- nia for moving aggressively to enforce clean air laws. "The charges here are truly appalling: that Volk- swagen knowingly installed software that produced much higher smog-forming emissions from diesel vehi- cles in the real world than in pre-sale tests," said Frank O'Donnell, president of Clean Air Watch, a Washing- ton-based advocacy group. O'Donnell accused VW of "cheating not just car buy- ers but the breathing pub- lic." He said the charges undercut industry rhetoric about "clean diesel" cars. The Volkswagens likely perform better with the emissions controls defeated than they do with them on, said Aaron Bragman, De- troit bureau chief for the Cars.com automotive shop- ping and research site. Oth- erwise, he said, there would be no reason to have a set- ting that turns on the con- trols for tests and turns them off for regular driving. "Obviously it's changing the way the engine operates somehow that may not be pleasing to consumers," he said. "It would follow that it would put it into a very dif- ferent feel in terms of oper- ation of the vehicle." But Bragman said other countries may allow differ- ent modes for testing and normal driving. The allegations cover roughly 482,000 diesel passenger cars sold in the United States since 2008. Affected models include: . Jetta (Model Years 2009 — 2015) . Beetle (Model Years 2009 — 2015) . Audi A3 (Model Years 2009 — 2015) . Golf (Model Years 2009 — 2015) . Passat (Model Years 2014-2015) POSSIBLE FINES EPA says VW intentionally violates clean air standards THE ASSOCIATED PRESS A Volkswagen logo is seen on the grill of a Volkswagen on display in Pittsburgh. SATURDAY, SEPTEMBER 19, 2015 REDBLUFFDAILYNEWS.COM | NEWS | 3 B