Posted on 08/17/2018 5:31:30 PM PDT by Elderberry
A McLennan County judge on Friday denied a motion from Twin Peaks defendant Marcus Pilkington to quash the May rioting indictment against him on procedural grounds.
Judge Matt Johnson of Waco's 54th State District Court, who conducted a hearing July 27, issued his ruling in a brief order Friday, saying only that the motion is denied.
Pilkington, 40, a Bandido from Mexia, was among 155 bikers initially indicted on engaging in organized criminal activity charges in the May 2015 shootout that left nine bikers dead and 20 injured.
Prosecutors sought re-indictments May 9 against 24 bikers on new charges, including murder, riot, tampering with evidence and weapons charges and have said they do not intend to pursue the organized crime charges.
Of those 155 cases, all but 27 have been dismissed. Three of the cases are being handled by special prosecutors appointed after District Attorney Abel Reyna recused his office. One defendant, Jacob Carrizal, has gone to trial, which ended in a hung jury and mistrial in November.
Pilkington's attorney, Paul Looney, of Houston, alleged in his motion to throw out the indictment that the manner in which the state sought the riot indictment violates accepted procedures. Looney charged that prosecutors should have dismissed the original indictment and then sought a new indictment under a new cause number. Instead, Looney argued, prosecutors improperly obtained the new indictment under the same cause number and did not indicate which charge they intend to pursue.
Prosecutors countered that they have followed the same procedures in this county for at least the past seven years and that higher courts have affirmed the practice.
(Excerpt) Read more at wacotrib.com ...
Seems like they have a plan, will wait and see what develops, appear to think they have past actions on their side even though appears to not be legal. Thanks for updates
Seems like they have a plan, will wait and see what develops, appear to think they have past actions on their side even though appears to not be legal. Thanks for updates
Sorry for double post, no one to blame but myself. lol
There continues to be a rancid stench wafting out of McClennen county.
One hundred percent of the plan will involve posturing and twisting and turning to try to cadjole a plea bargain.
They will not release all of the balistics and video as required by law to the defense.
The beat goes on.
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