Author: John Carroll / Source: kwtx.com
WACO, Texas (KWTX) New McLennan County District Attorney Barry Johnson announced Tuesday his office has chosen to not prosecute the remaining 24 Twin Peak cases.
Shots rang out on May 17, 2015 outside the Twin Peaks Restaurant, at Interstate 35 and Loop 340 as motorcycle riders gathered there for what was supposed to be a meeting on legislative issues.
Within seconds nine bikers were dead, more than 20 were injured and shortly thereafter 177 were under arrest, each charged with engaging in organized criminal activity and each held in lieu of a $1 million bond.
Only one case ever made it trial and ended in a mistrial.
“This is a difficult decision which must be made base on the existing facts and evidence in accordance with the laws of this state and in the interest of justice, and not a decision that can be made based on emotions or personal feelings or preferences,” Johnson said in a press release.
In September 2018 KWTX reported, the total cost of the shootout has run into the solid seven figures and the state, at least so far, has little to show for its effort, all the while realizing the final cost is not yet calculated for the defendants and in some cases may never be.
McLennan County reported $1,317,835.96 in total identifiable costs related to Twin Peaks.
“I will not in the Twin Peaks matter, nor in the any case, instruct the excellent assistant district attorneys in my office to proceeds to trial on any case where I do not believe there is a strong likelihood of the evidence establishing the guilt of a person charged beyond a reasonable doubt,” Johnson said.
The 24 bikers were named in superseding indictments in May 2018 that replaced the original engaging in organized criminal activity indictments in which they were originally named.
The cases that Johnson dismissed Tuesday include those of Ray Allen, Jeffrey Battey and Glenn Allen Walker, who were named in indictments in May 2018 charging murder and riot, both first-degree felonies.
Johnson also dismissed the cases of Roy James Covey, who was re-indicted in May 2018 for tampering with or fabricating physical evidence, and Richard Luther, who was re-indicted for tampering with physical evidence
Johnson also dismissed riot charges against the remaining bikers including Christopher Jacob Carrizal whose trial on the original engaging in organized criminal activity charge ended in a mistrial in November 2017 after jurors reached consensus on one of three counts, but told the judge they could not agree on…
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