Thirty-nine of the bikers who were originally charged following the deadly melee at a Twin Peaks restaurant in Waco, Texas, last May are no longer facing charges at this time.
Houston-based attorney Paul Looney, who is representing William and Morgan English of Brenham, explained the charges were dropped against the more than three dozen bikers because they were not indicted by the midnight Thursday deadline. Essentially, the charges simply “timed out,” Looney said.
But while Looney insisted it is time to “pop the champagne,” the district attorney’s office warned that at this point no formal dismissals have been filed either. Amy Kuzniarek, spokeswoman for the district attorney’s office, said the investigation is continuing and ongoing and that although the deadline was missed, another grand jury could still indict the 39 bikers. Looney does not appear to believe that will happen, noting that the judge would be required to sign an order to keep those cases active, but has not.
“If they didn’t present anything to the grand jury in all this time, I can’t imagine they ever will,” Looney said, according to reports from the Associated Press.
Nine were killed and two dozen injured in the clash between at least two biker gangs and local and federal law enforcement. Immediately following the incident, 177 bikers, including the Englishes, were arrested for engaging in organized criminal activity and held on massive $1 million bonds. Others were later arrested and altogether, more than 150 have been indicted.
However, the Englishes contend they had no part in the violence that day and arrived, in a Nissan Sentra, just about two minutes before the gunfire erupted. The couple, who is now expecting their first baby, according to the Waco Tribune-Herald, are part of a small local group known as the Distorted Motorcycle Club, and were originally facing up to life in prison. Other than a recent driving under the influence charge against William, the couple had no prior criminal history.
The couple also said the bikers at the restaurant that day were there to participate in a meeting regarding changes in the law and motorcycle safety. They dismiss the claim that the melee broke out over a turf war between the Cossacks and the Bandidos.
Looney said the couple has been emotionally traumatized over the entire ordeal, but hopes they can now regain their lives.
Don Tittle, a Dallas attorney representing a dozen of the bikers who have also failed to be indicted, said his clients plan to file wrongful prosecution lawsuits, but are hesitant at this point, fearing retaliation if they move forward with the claims.