Murder Charges Filed in 2015 Biker Shooting in Waco - NBC4 Washington
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Murder Charges Filed in 2015 Biker Shooting in Waco

The indictments mark the first murder charges in the case

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    Jerry Larson/AP, File
    In this May 17, 2015, file photo, authorities investigate a shooting in the parking lot of the Twin Peaks restaurant, in Waco.

    Three members of the Bandidos motorcycle club were indicted on murder charges Wednesday stemming from a chaotic 2015 shooting that involved police and members of another biker club outside a restaurant in Waco.

    The indictments mark the first murder charges in the case and come just eight days before the statute of limitations runs out. More than 20 other bikers were re-indicted on new charges ranging from rioting to tampering with evidence.

    Police arrested nearly 200 bikers following the shooting at a Twin Peaks restaurant that left nine people dead and 20 injured. Investigators say the incident was sparked by rivalries between the Bandidos and Cossacks motorcycle clubs. Waco police officers monitoring the gathering also fired on the bikers.

    The murder charges were filed against Jeff Battey, a local sergeant-at-arms with the Bandidos, and two other club members: Ray Allen and Glenn Walker. Their attorneys didn't immediately return messages seeking comment Wednesday from The Associated Press.

    Video Captures Shootout at Waco Twin Peaks

    [NATL-DFW] Video Captures Shootout at Waco Twin Peaks
    Surveillance video acquired Thursday by NBC 5 shows the shootout that left nine people dead and injured 18 at a Waco Twin Peaks restaurant in May.
    (Published Thursday, Oct. 29, 2015)

    Battey, a former Marine, and Allen were seen "triangulated" over Matthew Smith, a Cossacks member who later died at the scene from gunshot wounds, according to Waco police incident reports reviewed by the AP. Ballistics evidence also suggests Walker fired his weapon.

    Law enforcement evidence reviewed by the AP also showed that police officers killed at least two bikers. A grand jury cleared the officers of wrongdoing.

    Surveillance footage showed numerous bikers running from the scene and ducking for cover after gunshots rang out. A smaller number could be seen pointing and firing weapons, slinging a chain or participating in fistfights.

    Law enforcement officers recovered dozens of firearms, knives and other weapons from the restaurant and adjacent parking lot. Dash-cam video showed that officers indiscriminately organized many of the weapons into piles on the pavement and in the back of a police vehicle.

    All of the bikers arrested following the shooting were charged with engaging in organized criminal activity, a felony, with the underlying offenses of homicide and aggravated assault. But prosecutors have dropped 154 of those cases in the last four months, saying they wanted to focus on those who were "more culpable."

    Only one biker -- Jake Carrizal, a locomotive driver and the president of the Dallas chapter of the Bandidos -- has been tried. His trial ended in a hung jury and a mistrial last fall, though he was among the bikers re-indicted on Wednesday. Carrizal is now facing a new charge of rioting.

    Surveillance Video Records Waco Biker Shooting

    [NATL-DFW] RAW: Twin Peaks Surveillance Video Records Waco Biker Shooting
    NBC 5 in Dallas-Ft. Worth obtained surveillance video of a shootout between biker clubs and Waco police officers that left nine people dead and injured 18 at a Waco Twin Peaks restaurant last May.
    (Published Thursday, Oct. 29, 2015)

    The county's district attorney, Abel Reyna, didn't return messages seeking more details about the indictments from the AP.

    Reyna said in February, when announcing the first round of disposed cases, that information gleaned during Carrizal's trial was "invaluable" in his office's decision to narrow the focus of its investigation.