Case dropped against ex-biker accused in shootout
Waco prosecutors planning to target suspects they deem more culpable
Charges have been dismissed against a former motorcycle gang member arrested after the fatal shootout involving police and biker gangs in Waco in 2015, the latest in a series of dismissals as prosecutors say they are pursuing bikers accused of being more culpable.
Cody Ledbetter, a 28year-old diesel mechanic with no criminal record whose father was shot and killed in the melee, was facing life in prison after being arrested on charges of engaging in organized criminal activity and aggravated assault. He was a member of the Cossack biker gang, although his lawyer says he left the group.
Ledbetter was accused of being part of the gunbattle involving police and bikers from rival motorcycle clubs including the Cossacks and the Bandidos at the Waco Twin Peaks restaurant on May 17, 2015. The massive shootout — after which more than 150 weapons were recovered — resulted in the deaths of nine people, with 20 more hospitalized and 177 arrested.
McLennan County District Attorney Abel Reyna dismissed Ledbetter’s case Monday, saying probable cause existed for the arrest and prosecu-
tion, but the office wanted “to focus on its efforts and resources on co-defendants with a higher level of culpability,” according to court records.
Ledbetter’s dismissal joins another more than a dozen other cases recently dismissed against bikers in the case, as federal and state prosecutors untangle what happened during the midday shootout.
A federal racketeering trial has revealed transcripts of a lengthy wiretap operation against former Bandidos vice president John Portillo, evidence that helps prove the theory that members of the Bandidos traveled to Waco to confront members of the Cossacks, Reyna said during a press conference in February.
In an interview with the Houston Chronicle after the shootout, Ledbetter said the Cossacks were not anticipating a fight, and after the fight broke out, the motorcycle gang was not expecting a shootout.
Ledbetter’s attorney, Paul Looney, took the opportunity to blast Reyna and Waco law enforcement for the mass arrest of all the bikers and lengthy stays in jail, some on bail as high as $1 million.
“The things that happened to these people only happen in third-world countries. We have to find a way to learn the lessons necessary to make sure innocent people are not tormented by runaway prosecutors like what happened in McLennan County,” Looney said. “We must have a check and balance system that currently doesn’t exist because this can never be the case again.”
Ledbetter’s father, Daniel Boyett, was shot and killed in the gunbattle. Ledbetter, whose right arm was in a sling following a motorcycle accident a week before, ran for cover when the first gunshots were fired. He had no weapon with him and drove a rental car to Twin Peaks.
“I can finally put this behind me,” Ledbetter said in a written statement issued by his attorney. “This takes a lot of weight off of me.”