Nine dead. Eighteen wounded. 170 arrests. 106 indictments. 1418 days.
All remaining criminal cases will be dismissed from the 2015 Twin Peaks biker shootout that left nine dead and 20 injured, prosecutors said Tuesday, ending a four-year prosecutorial fiasco that resulted in zero convictions.
McLennan County District Attorney Barry Johnson said he will dismiss the remaining 24 criminal cases to “end this nightmare that we have been dealing with in this county since May 17, 2015.”
Johnson’s decision means no one will be held accountable for killing and injuring bikers or for engaging in a chaotic battle in a shopping center parking lot in front of a Sunday lunchtime crowd.
“There were nine people who were killed on that fateful day in Waco, Texas, and 20 injured, all of whom were members of rival motorcycle clubs/gangs, and the loss of life is a difficult thing,” Johnson said. “But after looking over the 24 cases we were left with, it is my opinion as your district attorney that we are not able to prosecute any of those cases and reach our burden of proof beyond a reasonable doubt.”
Johnson inherited the Twin Peaks cases when he took office in January, and said he has spent 75 percent of his time since then with a team of prosecutors and investigators trying to determine how to resolve the remaining cases.
About 200 bikers were arrested after the shootout on identical charges of engaging in organized criminal activity and held on $1 million bonds each. Former McLennan County District Attorney Abel Reyna sought indictments against 155 bikers on those identical charges and chose to try Jacob Carrizal, the Bandidos Dallas county chapter president, first.
Carrizal’s case, tried in Waco’s 54th State District Court, ended in mistrial in November 2017, with most of the jurors in his case favoring acquittal. No other defendant has been tried since.
Johnson’s campaign hammered Reyna for his handling of the Twin Peaks cases, and he won the March 2018 Republican primary by 20 percentage points. After the primary, Reyna dismissed all but 24 of the remaining Twin Peaks cases.
Johnson probably made the right call here, as Reyna cocked things up so badly by refusing to charge individual bikers with individual crimes, choosing instead to charge almost every biker arrested with “conspiracy,” evidently operating on an unconstitutional theory of collective guilt. At least some of the dead appear to have been killed by police rifles, and there are reports of law enforcement officials failing to render aid to the wounded.
Thanks to Abel Reyna, multiple people got away with murder, while over a hundred people got arrested, and had their lives destroyed, not for actually committing any crimes, but simply for wearing the wrong colors and being in the wrong place at the wrong time.
More background here if you haven’t been following the story from the start.
(Hat tip: Dwight.)