Prosecutors were stunned when the jury deadlocked in the first trial of the Waco Twin Peaks shootout.
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.
So despite having over two years to prepare, and hundreds of thousands of taxpayer dollars at their disposal, the defense was able to convince a few members of the jury by claiming Carrizal and the other Bandidos acted in self defense.
Prosecutors bought The Carrizal case first because they felt a conviction would show the remaining 149 defendents that prison was a possibility and to induce them to plea bargain.
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."
Defense attorneys countered with testimony from the defendant that the rival 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.
"At the end of the day they couldn't, there wasn't enough evidence that the Dallas Chapter, and specifically Jake Carrizal, had committed any violence against any person that wasn't self-defense,” Carrizal’s defense attorney Casie Gotro in response to Friday’s ruling.
Prosecutors charged 150 people in the brawl by invoking the state's organized crime statute. 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.