Mistrial in Waco biker case leaves 154 suspects in limbo
2015 clash between rival motorcycle clubs killed 9
The first trial stemming from a bloody biker gunfight at a Waco restaurant that left nine people dead and 20 wounded has done little to determine the fate of more than 150 people indicted in the complex and controversial Texas case.
A judge on Friday declared a mistrial in the case of Jake Carrizal, president of the Dallas Bandidos motorcycle club, who could face life in prison if he ultimately is convicted on three counts stemming from the melee on May 17, 2015.
The jury deliberated for 14 hours before telling Judge Matt Johnson it was hopelessly deadlocked. McLennan County District Attorney Abel Reyna declined to comment after Johnson declared a mistrial, so it was not clear whether Carrizal would be retried. All the defendants were charged with engaging in a criminal activity leading to the deaths.
The shootout took place at the local Twin Peaks restaurant, where scores of members of the Cossacks motorcycle club had gathered when the Bandidos arrived. The two clubs have long been at odds for reasons as seemingly insignificant — to outsiders — as the use of a similar image on their identifying patches.
Details on how the fight began differ. Video from the restaurant shows bikers shooting, running and ducking for cover as waitresses scramble for the exits.
Prosecutor Michael Jarrett, in his closing argument last week, said the Bandidos “controlled the state of Texas in the biker world.” He said robbery, drug dealing and violent crime were standard procedure among the group’s members.
“This was destined to happen. There was going to be a war,” Jarrett said. “The Bandidos are in fact a criminal street gang.”
Carrizal testified that the Cossacks were lying in wait, that they “swarmed” him before he even dismounted from his Harley. His father was among the injured, and Carrizal admitted fighting and firing two shots from a small derringer he drew in the fracas.
Law enforcement officers, tipped that a confrontation was brewing, were at the scene before the brawl began, and they quickly joined the fray. Reyna invoked the state’s organized-crime statute and indictments came rolling in, the prosecutor’s theory being that even those who didn’t punch, kick or shoot were guilty by showing up and adding to their side’s show of force.
Defense lawyers said Reyna was charging their clients without any evidence other than their attendance.
Seven of the nine people who died were members of the Cossacks, authorities say. Carrizal’s father was among the wounded. More than 300 weapons were recovered, including guns, brass knuckles, knives and clubs.
Carrizal was the test case. A conviction would have put the other defendants on notice that prison was a real possibility. Acquittal would have put pressure on Reyna to start dropping charges. Now, even if Reyna decides to retry Carrizal, other cases likely will come to trial first.
His lawyer, Casie Gotro, in her closing argument, said the bikers were victims of profiling. Gotro dismissed the prosecutorial position that all the Bandidos were “criminals or cowards.”
“You are going to carve out room for something in the middle,” she told the jury.
But in the end, the jury couldn’t decide. The next move is up to Reyna. Now 21⁄ years later, the bad blood between the clubs remains.
“I know you are blaming us for this event, but I don’t blame us,” Carrizal testified. “I don’t blame the cops for it. (I blame) the club that surrounded us that day, that had no business being there.”