• FILE - In this May 17, 2015 file photo, authorities investigate a shooting in the parking lot of Twin Peaks restaurant in Waco, Texas. Prosecutors have dismissed another 42 cases relating to the 2015 shooting in Waco involving rival biker gangs that left nine dead and 20 others injured. McLennan County prosecutors said Tuesday, May 8, 2018, they're dismissing the cases while focusing on "more culpable" defendants. Photo: Jerry Larson, AP / FR91203 AP
Photo: Jerry Larson, AP
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FILE - In this May 17, 2015 file photo, authorities investigate a shooting in the parking lot of Twin Peaks restaurant in Waco, Texas. Prosecutors have dismissed another 42 cases relating to the 2015 shooting in Waco involving rival biker gangs that left nine dead and 20 others injured. McLennan County prosecutors said Tuesday, May 8, 2018, they're dismissing the cases while focusing on "more culpable" defendants. less
FILE - In this May 17, 2015 file photo, authorities investigate a shooting in the parking lot of Twin Peaks restaurant in Waco, Texas. Prosecutors have dismissed another 42 cases relating to the 2015 shooting ... more
Photo: Jerry Larson, AP
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Jeff Battey, shown here in a 2015 mugshot, was indicted on murder charges on May 9, 2018, stemming from the deadly shooting at a Waco Twin Peaks. The shooting left nine dead and 18 injured.
Jeff Battey, shown here in a 2015 mugshot, was indicted on murder charges on May 9, 2018, stemming from the deadly shooting at a Waco Twin Peaks. The shooting left nine dead and 18 injured.
Photo: McLennan County Jail
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Ray Allen, shown here in a 2015 mugshot, was indicted on murder charges on May 9, 2018, stemming from the deadly shooting at a Waco Twin Peaks. The shooting left nine dead and 18 injured.
Ray Allen, shown here in a 2015 mugshot, was indicted on murder charges on May 9, 2018, stemming from the deadly shooting at a Waco Twin Peaks. The shooting left nine dead and 18 injured.
Photo: McLennan County Jail
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Law enforcement officers stand on top of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs at the restaurant apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Jerry Larson/Waco Tribune-Herald via AP) less
Law enforcement officers stand on top of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs at the restaurant apparently began with a ... more
Photo: Jerry Larson, Associated Press
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A law enforcement officer examine a motorcycle in a Twin Peaks restaurant parking lot Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Jerry Larson/Waco Tribune-Herald via AP) less
A law enforcement officer examine a motorcycle in a Twin Peaks restaurant parking lot Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a ... more
Photo: Jerry Larson, Associated Press
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A law enforcement officer photographs a vehicle in the rear parking lot of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Jerry Larson/Waco Tribune-Herald via AP) less
A law enforcement officer photographs a vehicle in the rear parking lot of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently ... more
Photo: Jerry Larson, Associated Press
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A police officer recovers a shotgun while sweeping through the parking lot of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs at the restaurant apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Jerry Larson/Waco Tribune-Herald via AP) less
A police officer recovers a shotgun while sweeping through the parking lot of a Twin Peaks restaurant Tuesday, May, 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs at the ... more
Photo: Jerry Larson, Associated Press
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Police investigators recover a weapon from a vehicle in the Twin Peaks parking lot Tuesday in Waco.
Police investigators recover a weapon from a vehicle in the Twin Peaks parking lot Tuesday in Waco.
Photo: Jerry Larson, MBO
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A Waco police officer and a city employee collect empty water bottles during an investigation at Twin Peaks restaurant, Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Rod Aydelotte/Waco Tribune Herald, via AP) less
A Waco police officer and a city employee collect empty water bottles during an investigation at Twin Peaks restaurant, Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival ... more
Photo: Rod Aydelotte, Associated Press
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Waco police officers walk along the perimeter of Twin Peaks restaurant during an investigation Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Rod Aydelotte/Waco Tribune Herald, via AP) less
Waco police officers walk along the perimeter of Twin Peaks restaurant during an investigation Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently ... more
Photo: Rod Aydelotte, Associated Press
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A Waco police officer collects empty water bottles during an investigation at Twin Peaks restaurant, Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Rod Aydelotte/Waco Tribune Herald, via AP) less
A Waco police officer collects empty water bottles during an investigation at Twin Peaks restaurant, Wednesday, May 20, 2015 in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs ... more
Photo: Rod Aydelotte, Associated Press
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A Waco police officer takes down crime scene tape, Wednesday, May 20, 2015, as they re-open Central Texas Market Place after Sunday's shooting in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. (Jerry Larson/Waco Tribune Herald, via AP) less
A Waco police officer takes down crime scene tape, Wednesday, May 20, 2015, as they re-open Central Texas Market Place after Sunday's shooting in Waco, Texas. A deadly weekend shootout involving rival ... more
Photo: Jerry Larson, Associated Press
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Law enforcement officers take a break from an investigation near their command post near Twin Peaks restaurant Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. One man was injured when a vehicle struck his foot. That caused a dispute that continued inside the restaurant, where fighting and then shooting began, before spilling back outside, Waco police Sgt. W. Patrick Swanton said. The shootout left nine people dead injured 18 wounded. (Rod Aydelotte/Waco Tribune-Herald via AP)

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Law enforcement officers take a break from an investigation near their command post near Twin Peaks restaurant Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs

... more
Photo: Rod Aydelotte, Associated Press
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Law enforcement officers use a dog to search parked cars located in part of the Central Texas Marketplace Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. One man was injured when a vehicle struck his foot. That caused a dispute that continued inside the restaurant, where fighting and then shooting began, before spilling back outside, Waco police Sgt. W. Patrick Swanton said. The shootout left nine people dead injured 18 wounded. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Law enforcement officers use a dog to search parked cars located in part of the Central Texas Marketplace Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs ... more
Photo: Rod Aydelotte, Associated Press
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Law enforcement officers take a break from an investigation near their command post near Twin Peaks restaurant Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. One man was injured when a vehicle struck his foot. That caused a dispute that continued inside the restaurant, where fighting and then shooting began, before spilling back outside, Waco police Sgt. W. Patrick Swanton said. The shootout left nine people dead injured 18 wounded. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Law enforcement officers take a break from an investigation near their command post near Twin Peaks restaurant Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs ... more
Photo: Rod Aydelotte, Associated Press
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Law enforcement officer uses a dog to search parked cars located in part of the Central Texas Marketplace Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs apparently began with a parking dispute and someone running over a gang member's foot, police said Tuesday. One man was injured when a vehicle struck his foot. That caused a dispute that continued inside the restaurant, where fighting and then shooting began, before spilling back outside, Waco police Sgt. W. Patrick Swanton said. The shootout left nine people dead injured 18 wounded. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Law enforcement officer uses a dog to search parked cars located in part of the Central Texas Marketplace Tuesday, May 19, 2015, in Waco, Texas. A deadly weekend shootout involving rival motorcycle gangs ... more
Photo: Rod Aydelotte, Associated Press
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Authorities search a vacant lot near the Twin Peaks restaurant Monday, May 18, 2015, in Waco, Texas. About 170 members of rival motorcycle gangs were charged with engaging in organized crime Monday, a day after a shootout at a Twin Peaks killed nine people and wounded 18. (AP Photo, Jerry Larson) less
Authorities search a vacant lot near the Twin Peaks restaurant Monday, May 18, 2015, in Waco, Texas. About 170 members of rival motorcycle gangs were charged with engaging in organized crime Monday, a day after ... more
Photo: Jerry Larson, Associated Press
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An armed guard stands outside McLennan County Jail on Monday, May 18, 2015, in Waco, Texas. Nine were killed Sunday and over a dozen injured in a motorcycle gang related shooting at a Twin Peaks restaurant. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond. (AP Photo/John L. Mone) less
An armed guard stands outside McLennan County Jail on Monday, May 18, 2015, in Waco, Texas. Nine were killed Sunday and over a dozen injured in a motorcycle gang related shooting at a Twin Peaks restaurant. ... more
Photo: John L. Mone, Associated Press
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Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond and authorities say charges of capital murder are expected in the wake of the Central Texas shooting. (AP Photo/Jerry Larson) less
Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 ... more
Photo: Jerry Larson, Associated Press
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Law enforcement officials stand at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
Law enforcement officials stand at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to ... more
Photo: Erich Schlegel, Getty Images
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Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond and authorities say charges of capital murder are expected in the wake of the Central Texas shooting. (AP Photo, Jerry Larson) less
Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where ... more
Photo: Jerry Larson, Associated Press
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Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond and authorities say charges of capital murder are expected in the wake of the Central Texas shooting. (AP Photo, Jerry Larson) less
Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where ... more
Photo: Jerry Larson, Associated Press
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Law enforcement officers investigate a shooting in the parking lot of the Twin Peaks Restaurant Sunday, May 17, 2015, in Waco, Texas. Waco police Sgt. W. Patrick Swanton told KWTX-TV there were “multiple victims” after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune Herald via AP) less
Law enforcement officers investigate a shooting in the parking lot of the Twin Peaks Restaurant Sunday, May 17, 2015, in Waco, Texas. Waco police Sgt. W. Patrick Swanton told KWTX-TV there were “multiple ... more
Photo: Rod Aydelotte, Associated Press
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Bikers congregate against a wall while authorities investigate a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Bikers congregate against a wall while authorities investigate a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after ... more
Photo: Rod Aydelotte, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Law enforcement officers talk to a man near the parking lot of a Twin Peaks Restaurant Sunday, May 17, 2015, in Waco, Texas, after a shooting involving rival biker gangs. Waco police Sgt. W. Patrick Swanton told KWTX-TV there were “multiple victims” after gunfire erupted between the gang members. (Rod Aydelotte/Waco Tribune Herald via AP)

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Law enforcement officers talk to a man near the parking lot of a Twin Peaks Restaurant Sunday, May 17, 2015, in Waco, Texas, after a shooting involving rival biker gangs. Waco police Sgt. W. Patrick Swanton

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Photo: Rod Aydelotte, Associated Press
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People stand as officers investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson)

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People stand as officers investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs

... more
Photo: Jerry Larson, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Bikers wait in a line as law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Bikers wait in a line as law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were ... more
Photo: Rod Aydelotte, Associated Press
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Emergency responders tend to a wounded person near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Emergency responders tend to a wounded person near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire ... more
Photo: Rod Aydelotte, Associated Press
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Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police on Monday announced the Texas Alcoholic Beverage Commission closed Twin Peaks for a week amid safety concerns. (AP Photo, Jerry Larson) less
Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police ... more
Photo: Jerry Larson, Associated Press
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Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police on Monday announced the Texas Alcoholic Beverage Commission closed Twin Peaks for a week amid safety concerns. (AP Photo, Jerry Larson) less
Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police ... more
Photo: Jerry Larson, Associated Press
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Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police on Monday announced the Texas Alcoholic Beverage Commission closed Twin Peaks for a week amid safety concerns. (AP Photo, Jerry Larson) less
Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police ... more
Photo: Jerry Larson, Associated Press
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Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police on Monday announced the Texas Alcoholic Beverage Commission closed Twin Peaks for a week amid safety concerns. (AP Photo, Jerry Larson) less
Law enforcement continue to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where 9 were killed Sunday and over a dozen injured. Waco police ... more
Photo: Jerry Larson, Associated Press
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A McLennan County deputy stands guard near a group of bikers outside the Twin Peaks Restaurant.
A McLennan County deputy stands guard near a group of bikers outside the Twin Peaks Restaurant.
Photo: Rod Aydelotte, MBO
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Authorities said hundreds of members of at least five rival motorcycle gangs met at the Twin Peaks Restaurant in Waco before a fight escalated in the parking lot that left nine dead and sent at least 18 to the hospital. less
Authorities said hundreds of members of at least five rival motorcycle gangs met at the Twin Peaks Restaurant in Waco before a fight escalated in the parking lot that left nine dead and sent at least 18 to the ... more
Photo: Jerry Larson, FRE
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Law enforcement officials stands at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
Law enforcement officials stands at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to ... more
Photo: Erich Schlegel, Getty Images
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The Twin Peaks restaurant, the scene of a motorcycle gang shootout, is seen May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
The Twin Peaks restaurant, the scene of a motorcycle gang shootout, is seen May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and ... more
Photo: Erich Schlegel, Getty Images
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The Twin Peaks restaurant, the scene of a motorcycle gang shootout, is seen May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
The Twin Peaks restaurant, the scene of a motorcycle gang shootout, is seen May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and ... more
Photo: Erich Schlegel, Getty Images
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Law enforcement officials sit at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
Law enforcement officials sit at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine ... more
Photo: Erich Schlegel, Getty Images
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Law enforcement officials stands at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to nine dead, many injured and 170 arrested. less
Law enforcement officials stands at the scene of a motorcycle gang shootout the Twin Peaks restaurant May 18, 2015 in Waco, Texas. A shootout between rival biker gangs began in the afternoon May 17, led to ... more
Photo: Erich Schlegel, Getty Images
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A McLennan County deputy stands guard near a group of bikers in the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
A McLennan County deputy stands guard near a group of bikers in the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were ... more
Photo: Rod Aydelotte, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Authorities investigate a scene near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Authorities investigate a scene near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between ... more
Photo: Rod Aydelotte, Associated Press
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People at the Central Texas MarketPlace watch a crime scene near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
People at the Central Texas MarketPlace watch a crime scene near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were ... more
Photo: Rod Aydelotte, Associated Press
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Authorities block an access road as an investigation continues near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Authorities block an access road as an investigation continues near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" ... more
Photo: Rod Aydelotte, Associated Press
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Bikers wait in a line as law enforcement officers investigate the parking lot near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Bikers wait in a line as law enforcement officers investigate the parking lot near a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were ... more
Photo: Rod Aydelotte, Associated Press
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Law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire ... more
Photo: Rod Aydelotte, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Law enforcement officers investigate the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire ... more
Photo: Rod Aydelotte, Associated Press
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A law enforcement officer walks past debris near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
A law enforcement officer walks past debris near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" ... more
Photo: Rod Aydelotte, Associated Press
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People leave a restaurant next to a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs near the restaurants. (Rod Aydelotte/Waco Tribune-Herald via AP) less
People leave a restaurant next to a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival ... more
Photo: Rod Aydelotte, Associated Press
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Bikers wait on a hill near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted between rival biker gangs at the restaurant. (Rod Aydelotte/Waco Tribune-Herald via AP) less
Bikers wait on a hill near the parking lot of a Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Waco Police Sgt. W. Patrick Swanton told KWTX-TV there were "multiple victims" after gunfire erupted ... more
Photo: Rod Aydelotte, Associated Press
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Police detain and watch members of various motorcycle clubs near a Twin Peaks restaurant in Waco, Texas, Sunday, May 17, 2015. A shootout among rival motorcycle gangs at the popular Texas restaurant left nine bikers dead and more than a dozen injured, a police spokesman said Sunday. (AP Photo/John L. Mone) less
Police detain and watch members of various motorcycle clubs near a Twin Peaks restaurant in Waco, Texas, Sunday, May 17, 2015. A shootout among rival motorcycle gangs at the popular Texas restaurant left nine ... more
Photo: John L. Mone, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Police detain and watch members of various motorcycle clubs outside the Twin Peaks restaurant in Waco, Texas, Sunday, May 17, 2015. A shootout among rival motorcycle gangs at a popular Texas restaurant left nine bikers dead and more than a dozen injured, a police spokesman said Sunday. (AP Photo/John L. Mone) less
Police detain and watch members of various motorcycle clubs outside the Twin Peaks restaurant in Waco, Texas, Sunday, May 17, 2015. A shootout among rival motorcycle gangs at a popular Texas restaurant left ... more
Photo: John L. Mone, Associated Press
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Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting in the parking lot of the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had ... more
Photo: Jerry Larson, Associated Press
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Authorities investigate a shooting near the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting near the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a ... more
Photo: Jerry Larson, Associated Press
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Authorities investigate a shooting near the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a meeting. (AP Photo/Jerry Larson) less
Authorities investigate a shooting near the Twin Peaks restaurant Sunday, May 17, 2015, in Waco, Texas. Authorities say that the shootout victims were members of rival biker gangs that had gathered for a ... more
Photo: Jerry Larson, Associated Press
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Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond and authorities say charges of capital murder are expected in the wake of the Central Texas shooting. (AP Photo, Jerry Larson) less
Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where ... more
Photo: Jerry Larson, Associated Press
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Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where nine were killed Sunday and over a dozen injured. About 170 gang members charged with engaging in organized crime are each being held on a $1 million bond and authorities say charges of capital murder are expected in the wake of the Central Texas shooting. (AP Photo, Jerry Larson) less
Waco Police Sgt. Patrick Swanton addresses the media as law enforcement continues to investigate the motorcycle gang related shooting at the Twin Peaks restaurant, Monday, May 18, 2015, in Waco, Texas, where ... more
Photo: Jerry Larson, Associated Press
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This file booking photo provided by the McLennan County Sheriff's office shows Glenn Walker, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. Walker, and two others, have been indicted on murder charges stemming from the 2015 shooting involving police outside the Waco restaurant, and the Wednesday, May 9, 2018, indictment marks the first murder charges in the Texas case. (McLennan County Sheriff's Office via AP, File) less
This file booking photo provided by the McLennan County Sheriff's office shows Glenn Walker, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. ... more
Photo: AP
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This file booking photo provided by the McLennan County Sheriff's office shows Ray Allen, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. Allen, and two others, have been indicted on murder charges stemming from the 2015 shooting involving police outside the Waco restaurant, and the Wednesday, May 9, 2018, indictment marks the first murder charges in the Texas case. (McLennan County Sheriff's Office via AP, File) less
This file booking photo provided by the McLennan County Sheriff's office shows Ray Allen, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. Allen, ... more
Photo: AP
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This file booking photo provided by the McLennan County Sheriff's office shows Jeff Battey, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. Battey, and two others, have been indicted on murder charges stemming from the 2015 shooting involving police outside the Waco restaurant, and the Wednesday, May 9, 2018, indictment marks the first murder charges in the Texas case. (McLennan County Sheriff's Office via AP, File) less
This file booking photo provided by the McLennan County Sheriff's office shows Jeff Battey, arrested during the motorcycle gang related shooting at the Twin Peaks restaurant in Waco, Texas on May 17, 2015. ... more
Photo: AP
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FORT WORTH, Texas (AP) — One of three bikers indicted on murder charges Wednesday stemming from a chaotic 2015 shooting outside a Texas restaurant is accused of killing a man who was also shot twice by police, according to ballistics evidence reviewed by The Associated Press.

The indictments against Glenn Walker and two fellow members of the Bandidos motorcycle club mark the first murder charges filed in connection to the melee that left nine bikers dead, 20 wounded and nearly 200 arrested outside a Twin Peaks restaurant in Waco.

Investigators say the shooting was sparked by rivalries between the Bandidos and Cossacks motorcycle clubs ahead of a biker meeting. Waco police monitoring the gathering said officers opened fire after fights and gunfire broke out in the parking lot.

Walker is accused of fatally shooting Richard Kirschner, a Cossacks member. An autopsy report shows Kirschner was shot three times: once in the buttocks with a pistol and twice with a rifle in the right thigh and left knee.

A pistol registered to Walker and a bullet it fired were recovered from the back of a police vehicle at the scene, according to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Kirschner's rifle wounds were traced to a Waco SWAT officer's .223-caliber rifle during a forensic firearms analysis conducted for police, according to police records previously reviewed by the AP.

The officer who used the rifle, Michael Bucher, said during an internal investigation that he saw Kirschner chasing another man with a big chain. Bucher said he fired one round and Kirschner fell, but then fired again after he saw Kirschner get up on one knee and swing the chain. The officer said Kirscher then stayed on the ground.

Kirschner later was pronounced dead at a hospital. The autopsy report said only that Kirschner died of gunshot wounds.

Walker's attorney didn't respond to messages seeking comment Wednesday.

A grand jury in September 2016 cleared the officer, along with the two other officers who fired their weapons. The police evidence reviewed by the AP showed that two people killed during the shooting were hit only by bullets from law enforcement weapons. Two others killed were hit from Waco SWAT rifles and other firearms.

The other Bandidos members charged with murder Wednesday — Jeff Battey, a local sergeant-at-arms with the motorcycle club, and Ray Allen, the president of the Denton, Texas, chapter of the Bandidos — are accused of fatally shooting Matthew Smith, a Cossacks member who died at the scene from gunshot wounds. Battey, a former Marine, and Allen were seen by officers "triangulated" over Smith, and a pistol was found in front of each man, according to Waco police records.

An autopsy determined Smith suffered gunshot wounds in the abdomen and back. The firearms analysis for police ruled out police rifles.

Battey's attorney, Seth Sutton, said Wednesday that prosecutors failed to provide a "full and complete picture of the evidence" to the grand jury.

"We believe that justice will prevail for Mr. Battey and that he will be acquitted of all wrongdoing," Sutton said.

Allen's attorney, Brian Walker, said Allen was acting in self-defense.

He said that when Allen and other Bandidos pulled into the parking lot, "they heard shots ringing out and they had no clue what was taking place. All of a sudden this young guy comes around the corner and starts shooting at them." Walker said Allen shot back.

Glenn Walker, Battey and Allen also face rioting charges. And more than 20 other bikers were re-indicted on new charges Wednesday ranging from rioting to tampering with evidence. The lesser charges came just eight days before the statute of limitations runs out on those crimes — and a day after more than 60 cases were dropped.

The county's district attorney, Abel Reyna, said in a statement Wednesday that the indictments were the result of a review of "numerous videos and other evidence."

Surveillance footage showed numerous bikers running from the scene and ducking for cover after gunshots rang out. A smaller number could be seen pointing and firing weapons or throwing punches.

Law enforcement officers recovered dozens of firearms, knives and other weapons from the restaurant and adjacent parking lot. Dash-cam video showed that officers indiscriminately piled many of the weapons on the pavement or tossed them in the back of a police vehicle.

All of the bikers arrested following the shooting nearly three years ago were charged with engaging in organized criminal activity, a felony, with the underlying offenses of homicide and aggravated assault. They were held on $1 million bonds in county jail, and Battey was among the first to bail out.

But prosecutors have dropped 154 of the initial 192 cases in the last four months, saying they wanted to focus on those who were "more culpable."

Only one biker — Jake Carrizal, a locomotive driver and the president of the Dallas chapter of the Bandidos — has been tried. His trial ended in a hung jury and a mistrial last fall, though he was among the bikers re-indicted on Wednesday. Carrizal is now facing a new charge of rioting.

Reyna said in February, when announcing the first round of disposed cases, that information gleaned during Carrizal's trial was "invaluable" in his office's decision to narrow the focus of its investigation.

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This story has been corrected to show that the statute of limitations applies to the lesser charges, not to the murder charges.