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Feral hogs shoot each other in Texas town. by maryjane
Started on: 05-18-2015 12:08 PM
Replies: 85 (1636 views)
Last post by: williegoat on 06-18-2015 04:25 PM
dennis_6
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Report this Post05-23-2015 10:29 AM Click Here to See the Profile for dennis_6Send a Private Message to dennis_6Edit/Delete MessageReply w/QuoteDirect Link to This Post
Just How Badly Are Authorities Screwing Up The Arrest Of 170 Bikers In Texas?
By Tamara Tabo
19 Comments / 109 Shares

/ May 22, 2015 at 3:30 PM

Righteous-IndignationOn Sunday afternoon, an enormous biker gang brawl broke out at a Twin Peaks restaurant in Waco, Texas. Authorities claim that when members of several motorcycle gangs, including the Bandidos and Cossacks, gathered to hash out an ongoing turf war, the meeting turned bloody. When the scene quieted, a reported nine people were dead, at least 18 seriously wounded, and 170 or so in police custody.

Bikers can be some bad mothers f*ckers. The state of Texas identifies gangs such as the Bandidos as serious organized crime syndicates, deeply entangled with Mexican drug cartels and other ne’er-do-wells, every bit as nasty as notorious groups like the Bloods and Crips.

So, why should civil libertarians care what happens to 170 or so bikers in Waco? A closer look reveals how authorities arrested too many, set bail too high, and charged with too much. The results not only infringe on the civil liberties of many of those arrested, but will create a disaster for the criminal justice system in and around Waco.

Here’s why.

It’s Not Obvious That Everyone There Was Breaking The Law

Waco police spokesman Sgt. W. Patrick Swanton told the Associated Press on Thursday that all those killed or injured were part of five criminal motorcycle gangs. “They were not here to drink and eat barbecue,” Swanton said earlier this week. “They came here with violence in mind.”

However, loved ones of some of the bikers claim that law-abiding members of motorcycle clubs were gathering for a meeting of motorcycle enthusisasts, with no violent intentions. The family of one of the victims, Jesus Delgado Rodriguez, a man with no criminal history and a Purple Heart from Vietnam, say he was not affiliated with a gang. One of those arrested was himself a retired detective from the San Antonio Police Department. The AP reports that “more than 115 of the 170 people arrested in the aftermath of a motorcycle gang shootout outside a Central Texas restaurant have not been convicted of a crime in Texas.”

While there’s a first time for everything, there’s also good reason to think that some of the men and women picked up on Sunday might actually have gathered to, well, drink and eat barbecue.

What About The Weapons?

Earlier this week, police told the press that they expected to recover 1,000 weapons from the scene. Yesterday, they revised that number to 318, 118 of which were handguns. Police also confiscated knives, brass knuckles, and items like chains with padlocks.

How many of the items are actual weapons? How many of the actual weapons are actually illegal?

Chapter 46 of the Texas Penal Code makes clear that not all knives are “illegal knives.” It’s not yet clear how many of the knives seized at the scene in Waco fall into the latter category.

Even some of the firearms confiscated could be legal. Holders of Texas concealed carry permits would not necessarily be violating the law by having guns on their person at the time the brawl broke out. Permit holders would only be violating Texas law if they were drunk while carrying, even if they were drinking.

In the state of Texas, all retailers of alcoholic beverages must post one of two signs announcing the status of firearm possession in the establishment. So, a bar will typically post a “51% Weapons Warning Sign” indicating that so much booze flows on those premises that no one, not even folks with valid concealed carry permits, is allowed to possess a concealed weapon. Restaurants will typically post a blue TABC Weapons Warning Sign warning folks of the penalty for people without a license. A blue sign means that someone with a CHL can carry on the premises. A 51% sign means they can’t.

The Twin Peaks restaurant where the shooting took place was not a 51% sign establishment, according to the TABC database.

Did any of those arrested on Sunday have CHLs? We don’t currently know because information on who is licensed to carry a concealed handgun in Texas is confidential and not subject to requests under the Public Information Act.

$1 Million Is Certainly “Excessive Bail” For Many Of Those Arrested

Justice of the Peace W.H. “Pete” Peterson set bonds for more than 174 gang members charged with engaging in organized criminal activity at $1 million each. Even if this amount is appropriate for some of the defendants, it certainly counts as excessive for many.

When setting bail, the court must take into account the person’s ability to pay. One million dollars bond translates to a defendant’s family or friends coughing up $100,000 in cash. Few bail bondsmen in the vicinity of Waco would even be able to cover the amount needed to spring one of the bikers from jail. Even if a few bondsmen can, how likely is it that 170-plus will?

Why set such a high amount for everyone? Justice of the Peace Peterson told press that “I think it is important to send a message. We had nine people killed in our community. These people just came in, and most of them were from out of town. Very few of them were from in town.”

Texas Code of Criminal Procedure 17.15 sets the rules for fixing the amount of bail. “Sending a message” is not among them. Bail is intended to ensure that the defendant will return for future court proceedings, not to punish people who haven’t yet been convicted of a crime.

The court’s decision to set bail so high for every defendant may turn out to doubly offensive to justice. For the average defendant, $1 million bond has the same effect as setting no bond at all. They simply won’t be able to pay it. Who will might manage to post bond? Gang leaders supported by the drug cartels and criminal syndicates. So, the people the authorities should most want to keep in jail are most likely to get sprung, while the folks who are least likely to have been serious criminals may be left to wallow.

The Costs

An avalanche of bond reduction hearings — and appeals — is virtually guaranteed. Defendants can challenge the initial amount whether through a motion for bond reduction or through an application for a writ of habeas corpus. If the court denies a habeas application, the defendant can immediately appeal. So, the courts may have to process interlocutory appeals if the bond isn’t reduced.

So far, all of the bikers arrested are being held for the offense of engaging in organized criminal activity leading to capital murder. That’s going to be tough to prove for most of the people arrested, many of whom will require state-funded defense counsel.

No one has yet been charged with capital murder (not that that fact matters for a conspiracy charge to stick). Given the high cost of prosecuting capital cases, though, McLennan County may end up not charging anyone with a death-eligible offense.

All of this amounts to a lot of money from public coffers, as well as massive headaches for an already burdened criminal justice system. Even if the people arrested in Waco on Sunday don’t deserve our sympathy, perhaps the court system now faced with processing and prosecuting nearly 200 defendants does.

http://abovethelaw.com/2015...170-bikers-in-texas/
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dennis_6
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Report this Post05-23-2015 11:27 AM Click Here to See the Profile for dennis_6Send a Private Message to dennis_6Edit/Delete MessageReply w/QuoteDirect Link to This Post

dennis_6

7196 posts
Member since Aug 2001
First they came for the Weavers, and I did not speak out—
Because I was not a Weaver.

Then they came for the Branch Davidians, and I did not speak out—
Because I was not a Branch Davidian.

Then they came for the Bikers, and I did not speak out—
Because I was not a Biker.

Then they came for me—and there was no one left to speak for me

I can't swear to the accuracy of the following article, though i know some of it is accurate. It is impossible to know at this point, who killed who. This is the other side of the story though.
-----------------------------------------------------------------------------------------------------------------

Waco “Twin Peaks” Shooting Updates: 14 Police Officers Fired “thousands of rounds” on 200 Bikers Killing 9, Wounding 18 – Two Thirds Of Those Arrested Had No Prior Criminal History…
Posted on May 21, 2015 by sundance
IRONY – The death toll from the “Twin Peaks” shootout was greater than the total number of homicides Waco police investigated in all of 2014 – And all of the “Twin Peaks” dead were shot by police.

waco 8Previously Waco Police Spokesman W. Patrick Swanton stated 22 members of law enforcement were present prior to the outbreak of the shooting. Including 10 members of the Waco SWAT unit, 2 sergeants, 1 rookie, the Asst. Police Chief and 4 state troopers.

Newly released information today includes the Waco Police stating 14 Waco PD officers were involved in firing shots which killed 9 bike club members and wounded 18 more.

The 14 officers involved in the gun battle are all now on administrative leave, which is standard protocol in officer-involved shootings, Swanton said. (link)

In addition Sgt Swanton previously stated that all of the 170 arrested bikers were known “criminal gang members”. However, a review by the Associated Press of court records finds at least 115 of the 170 had no police records:

waco 24 mugshots

Waco police have said that all those arrested after the shooting belonged to criminal motorcycle gangs. Most of them were being held on $1 million bonds Thursday, charged with engaging in criminal enterprise. Nine people were killed in Sunday’s shootout.

Records searched by The Associated Press show more than 115 of the 170 people arrested in the aftermath of a motorcycle gang shootout outside a Central Texas restaurant have not been convicted of a crime in Texas. (link)

After previously saying he had not watched the CCTV video from the restaurant/bar yesterday (Wed) -which was reviewed by Associated Press reporters- Swanton now says he has watch the CCTV video.

He said he has viewed surveillance videos of the violence, and said they tell a different story from the some of the accounts being spun online.

“We can’t wait to show you what truly happened,” he said. (link)

Which is a disingenuous statement at best because all they need to do is authorize the restaurant to release the video, and the public can decide for ourselves.

waco 11

One of the bikers the police killed, Jesus Delgado Rodriquez (65), was a purple heart recipient.

Family members of a man killed in a biker shootout at a Texas restaurant say he was not part of an outlaw motorcycle gang. That contradicts police claims that all nine bikers who died were members of criminal gangs.

The son of 65-year-old Jesus Delgado Rodriguez, of New Braunfels, told the San Antonio Express-News that his father did not lead a life of violence. An Associated Press review of court records and a database maintained by the Texas Department of Public Safety found no criminal history in Texas for Rodriguez.

Family members said Rodriguez had belonged to two now defunct motorcycle clubs but was not part of any club when he was shot and killed at Twin Peaks restaurant in Waco.

Waco police spokesman Sgt. W. Patrick Swanton told the AP on Wednesday that all those killed were members of the Bandidos or the Cossacks. Swanton did not immediately return a message Thursday. (link)

In addition from a lawsuit filed against Twin Peaks by the neighboring restaurant Don Carlos it is claimed the police fired “thousands of rounds” toward the bikers; striking not only bike club members but also Don Carlos customer vehicles.

Summary and personal thoughts: It is entirely possible that some of the bikers were criminals; and it is also entirely possible that twitchy police responded excessively and overreacted to a perceived threat. These two possibilities are not mutually exclusive.

Who shot at whom first; who did or did not pull the trigger; and what might have spurred the 14 police officers to fire “thousands of rounds” at a group of 3 to 5 potentially armed bikers when the downrange backdrop was a patio filled with hundreds of unarmed bikers is not yet known.

Look closely at this picture:

waco 11

You can see bullet holes in the customer vehicles in the Don Carlos parking lot.

♦ NOTE: Direction of fire from Don Carlos toward Twin Peaks.
♦ NOTE: The downrange backdrop of that fire (for the bullets that miss their target) is the patio of Twin Peaks.

However, apparently pointing out a strong possibility for an overreaction by twitchy police is now considered “Conspiracy Theory”, or something. A radio broadcast today calls our previous outline (which quoting MSM information) as conspiracy theory. [Listen at 8:15]

I find it interesting how intelligent people cannot bring themselves to believe the police may have influenced, initiated, created and/or worsened the events with their militarized (SWAT) presence at a bike club meeting.

Ruby Ridge?… How about M.O.V.E (Philadelphia)? … Or maybe Waco 1.0? … or perhaps more recently “Baby Bou-Bou” ringing any bells? Cops make mistakes too !!

stun grenade 1stun grenade 2

Doesn’t anyone else find it curious that an Asst. Police Chief was on scene at Twin Peaks along with the SWAT unit, presumably as scene commander prior to the shootings, and yet no-one has heard from him/her?

Doesn’t anyone else find it curious that initial police statements claimed they had “an active intelligence operation” on the “Bike Gang” which customarily would include monitoring (camera’s, video, etc) and yet the police release NO VIDEO to support their “we were under fire” claims?

A previous comment by J.D. sums up the strange sniff of it all nicely:

I’m former law enforcement for over 20 years. I have ridden with 2 different LEMC clubs. I worked undercover back in late 80’s and have dealt with 1% clubs many times. I have friends in 1% clubs.

I’m pro law enforcement but have a funny feeling that there is lots of horseshit in the story that Waco PD is telling.

I have family living and Working in that area. They have had interaction with the clubs and never felt scared or intimidated. Always felt safe.

Now are we going get the truth or more bullshit? I’m tending on believing the bikers sides on this deal more with every day that passes. Too many people arrested and charged with RICO that were just spending time at TP.

I think LE has overstepped it’s authority on filing these type charges on most these people. $1,000,000 bonds??? BS…

Even if you find reasonable excuses for all the LEO contradictions (fight in bathroom, shots inside, all killed were inside/dragged out etc.); even if you ignore all the misleading statements by law enforcement spokesman Patrick Swanton (100 weapons, 50 weapons, 1000 weapons etc); even if you ignore the lack of willingness to produce factual data to support their claims, ….you are still left with a ridiculous assertion that 170 non-criminal people deserve a million dollar bond because they rode a motorcycle last Sunday to a meeting, and possibly witnessed what happened.

The total number of bikers on scene, according to Swanton, was 200. 170 are arrested, 18 were wounded, 9 were killed, that totals 197. So only 3 people were non-conspirators?

This nonsense about weapons found in vehicles etc. is just that, nonsense.

If you go to a Waco Texas Wal-Mart on Sunday, rope off the parking lot, arrest the first 200 people you see and search their pick-up trucks, suv’s and various vehicles you’ll probably come up with a similar set of statistics.

50 out of 200 people captured at Wal-Mart with prior arrest records; some with pocket knives, chains, handguns, and even rifles in their vehicles etc.

shocked2bbaby

So what? None of that is illegal or unlawful. Ridiculous. Go to a Bass Pro shop on Saturday and you’ll probably find even better stats if that’s the goal.

Another factor which makes it all the more curious is these are the ACTUAL talking points Sgt. Patrick Swanton is relying on to justify the shooting. This innocuous nonsense is what they are focused on. That itself indicates -to a reasonably discerning person- there’s something uncomfortable about the narrative the LEO responders are trying to avoid.

That’s not conspiracy, that’s just common sense.

It is not conspiracy theory the incident occurred at 12:24pm Central Time (1:24 pm Eastern) and in around 90 minutes, 2:04pm CST (3:04pm EST) this press conference was held, giving the specifics of 9 dead and 18 wounded and a restaurant owner who needs to be shut down for non-compliance.

http://theconservativetreeh... or-criminal-history/

[This message has been edited by dennis_6 (edited 05-23-2015).]

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dennis_6

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Looks like one of the bikers are speaking, and at least one of the dead were killed by bikers...
http://www.washingtonpost.c...83234d281_story.html
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Report this Post05-23-2015 06:38 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Edit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by dennis_6:

Looks like one of the bikers are speaking, and at least one of the dead were killed by bikers...
http://www.washingtonpost.c...83234d281_story.html


 
quote
The bulletin warns that Bandidos who serve in the U.S. military may be “supplying the gang with grenades and C4 explosives” to target officials and their families with car bombs, the network reported.


That's seriously disturbing, if true. What a great way to make all veterans look like potential terrorists.
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maryjane
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Report this Post05-23-2015 08:43 PM Click Here to See the Profile for maryjaneSend a Private Message to maryjaneEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by dennis_6:

Looks like one of the bikers are speaking, and at least one of the dead were killed by bikers...
http://www.washingtonpost.c...83234d281_story.html


More than one, according the LA Times:
http://www.washingtonpost.c...83234d281_story.html

(The article is lengthy with a lot of background information most of us are already familiar with, I'll post only the relative parts of the article--not the long running history--just events that day and what led to the meeting of the 2 groups. Brackets will indicate what I have added)

 
quote
WACO, Tex. — Richie was the first to die, then Diesel, then Dog.[All Cossack members]
[lead-in info to the article:]
Whatever else they were in life, the men with the biker nicknames were Cossacks, loud and proud and riders in a Texas motorcycle gang. And that’s what got them killed, shot to death in a brawl with a rival gang in the parking lot of a Texas “breastaurant” that advertised hot waitresses and cold beer.

“I saw the first three of our guys fall, and we started running,” said their brother in arms, another Cossack, who said he was there May 17 when the shooting started at the Twin Peaks restaurant in Waco. Nine bikers died, 18 were wounded and more than 170 landed in jail.

The Cossack, president of a North Texas chapter of the motorcycle gang, asked not to be identified because he is now in hiding and said he fears for his life. He is a rare eyewitness speaking publicly about the Waco massacre, one of the worst eruptions of biker-gang violence in U.S. history.

In several interviews in recent days, the Cossack rider offered a different story. He said that the Cossacks were invited to the Twin Peaks patio that day — by a Bandido leader, who offered to make peace in a long-running feud between the two gangs. That invitation was a setup for an ambush, though, according to the Cossack. That’s why the dead included six Cossacks, one Scimitar (an ally of the Cossacks) and only two Bandidos.

The biker’s story could not be independently verified; most of those involved in the shootout are still in jail. But significant parts of his account square with police statements, as well as security camera videos obtained by the Associated Press.

When a biker from the Bandidos, the oldest gang in Texas and one of the largest in the world, ran into a young Cossack in the Twin Peaks parking lot last Sunday, everyone knew what was coming. First words, then fists, then guns. Within seconds, Richie, Diesel and Dog were dead.

It started with a phone call. [and past extortion demands]

About a week before Sunday’s gunfight, according to the Cossack, a leader of the Bandidos, a man named Marshall from the Longview area in East Texas, contacted Owen Reeves, the “nomad,” or leader, of the Cossacks’ Central Texas region.

The Bandidos wear their claim to the Lone Star State on their backs. Their vests say “Bandidos” across the shoulders, just above their logo, a caricature based on Frito-Lay’s Frito Bandito. At the bottom, the word “Texas” is stitched boldly in an inverted crescent.

That crescent, the “Texas rocker,” has long belonged to the Bandidos, and they consider it a provocation if someone else wears it without permission — which is exactly what the Cossacks did.

“We don’t claim any territory, but the reason that the Bandidos have such an issue with us is that we wear the Texas rocker on our back, but we don’t pay them $100 a month per chapter to do it,” the Cossack said. “When you’ve got 100 chapters. That’s a lot of money.”

After all that, the phone call from Marshall was a welcome olive branch, the Cossack said.

Marshall invited the Cossacks to Twin Peaks on Sunday when the Texas Confederation of Clubs and Independents was scheduled to hold a major meeting. Those meetings are generally about bikers’ rights, safety and other administrative issues. The Bandidos dominate that organization; the Cossacks are not members.

Marshall said that the Bandidos “wanted to get this cleared up,” according to the Cossack, who was relating what he said Reeves told him. “He said, ‘Bring your brothers, hang out, and let’s get this fixed and we can all leave in peace and be happy.’ He was talking to our chater in Waco. That’s where the heat has been at. The leader of our Central Texas chapter said, ‘Okay, I’m going to make this happen.’ ”

The Cossack continued: “Anybody who is a Cossack knows this call was made because the Nomad called everyone and said, ‘We have an opportunity to make this right. I think we should take a risk.’ And everybody agreed.”

On a beautiful sunny Sunday, about 70 Cossacks on Harley-Davidsons rolled into a commercial shopping mall, past Jo-Ann Fabrics and Cavender’s Boot City, and into the parking lot of the Twin Peaks restaurant.

The Cossack said he and the others congregated on the outdoor patio and started ordering food and drinks. They chatted with other bikers from smaller “mom and pop” bike clubs, who were already well into their burgers and beers and margaritas ahead of the 1 p.m. confederation meeting.

“[Some of us Cossacks were armed] But not all of us,” he said. “We had no reason to believe that this was going to go that way.”

The parley with the Bandidos had been set for 11 a.m., the Cossack said, but the Bandidos didn’t arrive until about 12:15, when about 100 of them pulled into Twin Peaks in a long, loud line of Harleys.

Trouble started almost immediately, he said: One of the Bandidos, wearing a patch that identified him as a chapter president, ran his bike into a Cossack standing in the parking lot. The Cossack who was hit was a “prospect,” a man in his mid-20s who was “striving to become” a full member of the club.

“They came up really fast, and the prospect turned and faced the bikes,” the Cossack chapter president said. “He fell backward into other [parked] bikes. The guy who hit him stopped and got off of his bike and said, ‘What are you doing? Get . . . out of my way. We’re trying to park.’ ”

Cossacks quickly jumped to the prospect’s defense, he said: “Guys were saying, ‘You’re disrespecting us,’ or, ‘We’re not backing down.’ ”

In a blink, it started, he said: “Two punches: One from them, one from us.”

A Bandido with a patch identifying him as sergeant-at-arms of the same chapter threw a punch at Richard Matthew Jordan II, 31, known as “Richie,” who was from Pasadena, Tex. Jordan punched the guy back.

“At that point in time, the sergeant in arms shot Richie point-blank,” the Cossack said.

Police said Jordan died of a gunshot wound to the head.

“Then all the Bandidos standing in the parking lot started pulling guns and shooting at us,” he said. “There were maybe 60 or 70 of us in the parking lot. . . . We took off running. We scattered. Three of our guys went down instantly. They caught a couple more that tripped and fell, and Bandidos were shooting at them.”

He said that the second man to die was Daniel Raymond Boyett, 44, known as Diesel, a “road captain” in the Cossacks from Waco. Police said that Boyett died from gunshot wounds to the head.

The third man down was “Dog,” whose real name is Charles Wayne Russell, 46, of Winona. Russell’s cause of death was listed as a gunshot wound to the chest.

The Cossack said that he believes the Bandidos had no intention of making peace that day. It was a setup from start to finish.

What the police say
The Cossack’s story has been impossible to verify, but it is largely consistent with what police have said about how the brawl began.

Swanton, the Waco police spokesman, told reporters the shooting started in the parking lot with a confrontation over a “parking issue.” A leader of the Bandidos, who goes by the name Gimmi Jimmy, told the New York Times that there had been no incident in the parking lot but that he had heard there was a fight in the restaurant bathroom. Jimmy did not respond to numerous e-mails.

The Cossack’s account is also consistent with a Twin Peaks security video viewed by the Associated Press. The wire service reported that the video shows the shooting started in the parking lot at 12:24 p.m. and that panicked bikers started running into the restaurant to flee the shooting — including several who ran into the men’s room to take cover.

The wire service reported that the video shows one shot being fired, but it did not say who fired the shot.

[interesting, that the Cossack didn't mention any deaths caused by law enforcement.]

[This message has been edited by maryjane (edited 05-23-2015).]

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williegoat
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Report this Post06-18-2015 04:25 PM Click Here to See the Profile for williegoatClick Here to visit williegoat's HomePageSend a Private Message to williegoatEdit/Delete MessageReply w/QuoteDirect Link to This Post
An update and some new details as to what led up to the Waco incident:

Vehicle forfeiture documents reveal new details about deadly biker shootout
 
quote
Documents supporting the seizure of 27 vehicles from those reportedly involved in the May 17 Twin Peaks shootout reveal new details of the escalating turf war between rival biker gangs and their support groups that clashed with deadly results after a motorcycle association meeting was moved from Austin to Waco.

Prosecutors filed notices Tuesday of their intent to seize and forfeit 17 motorcycles, eight pickup trucks and two SUVs, alleging the vehicles are contraband used during the commission of the noon-hour incident that left nine bikers dead, 20 wounded and 177 jailed on engaging in organized criminal activity charges.

Of those arrested, 131 have been released from jail and many were able to get their motorcycles and vehicles back from impound after posting reduced bonds.

The article goes on to describe six events going back to 2013 that led up to the Twin Peaks incident.
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