He got a Texas court to agree that the cookie cutter accusation contains probable cause, and that inference can be used to get there. Judges like the "sort it out at trial" approach, it's more work and income for the judges. Generally, they don't care if there is probable cause, in fact. They'll manufacture it if necessary.
Reyna has a similar motive that the judges do - once there is a legal event that can be made to look like arrest without probable cause (and absence of indictment in the 180 day window after accusation and arrest looks like that), it opens the barn door for civil rights claims against the government. That can't be allowed, and as usual, the judges and DA are on the same team.
An unsealed indictment has to be floating around somewhere. Still haven't found a link to one.
Reyna said the grand jury handed down indictments in all of the 106 cases presented. Of those, nine were sealed pending arrests.
106 bikers indicted in Waco, Texas, restaurant shootout - UPI.com - Updated Nov. 11, 2015 at 9:02 AM
Thanks for all the great stuff you bring on these threads.