Defense attorneys ask for dismissal of second indictment against Twin Peaks biker

Two defense attorneys representing Twin Peaks defendant Marcus Pilkington filed a motion asking a McLennan County District Judge to dismiss the recent indictment against him for a riot on Monday.

According to the motion to quash and objection to the amendment of the indictment, the McLennan County District Attorney's Office issued a new indictment that had the same cause number than the original indictment for engaging in an organized criminal activity.

Defense Attorneys Paul Looney and Mark Thiessen said new charges require a new indictment and a new cause number. They said it did not happen in this case.

WacoTrib

In seeking the new charges, prosecutors won new indictments but filed them under the original cause numbers. They did not dismiss the charges of engaging in criminal activity but have said those charges will not proceed.

Looney and Thiessen claim such methods violate the Texas Code of Criminal Procedure.

“An indictment cannot be ‘supplemented’ or superseded by way of a new indictment,” the motion claims. “There is nothing in statute, rule or law that allows the state to do what they have attempted to do herein. New charges require a new indictment, proceeding under a new cause number.

“Once a case has been initiated by indictment, the indictment can be amended, but such amendments can only be made pursuant to Tex. Code Crim. Proc. Arts 28.10 and 28.11. These procedures were wholly ignored by the state, and therefore the indictment issued on May 9, 2018, in this case is improper as a matter of law and must be quashed and dismissed,” the motion states.

Of the 192 bikers arrested after the melee, the DA’s office has dismissed or declined to prosecute all but those who were re-indicted May 9.

The attorneys argue that those charged with riot now cannot be tried on that charge. They cite a three-year statute of limitations on riot charges that expired last month and say the indictments were not returned properly.

“We are of the opinion that the second indictment was unlawfully obtained and cannot now be lawfully obtained,” Looney said Monday. “Just when it was beginning to look like the McLennan County District Attorney’s office had discarded the ‘Book of Waco’ and chosen to follow the Code of Criminal Procedure, we found that they are still making their own rules and have now made an inexcusable blunder.”

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