WACO (CBSDFW.COM) – Only three months in as the McLennan County District Attorney, Barry Johnson has decided not to prosecute the remaining 24 Twin Peak cases involving bikers.

“This is a difficult decision which must be made base on the existing facts and evidence in accordance with the laws of this state and in the interest of justice, and not a decision that can be made based on emotions or personal feelings or preferences,” Johnson said in a press release.

On May 17, 2015, a brawl between rival motorcycle clubs took place at the Twin Peaks Restaurant, at Interstate 35 and Loop 340. The fight quickly turned into a deadly shootout resulting in nine deaths and 20 injuries. Only bikers were killed or injured, no law enforcement or other patrons were harmed. 

Here are the names of the bikers who died that day:

  • Richard Vincent Kirshner Jr, 47 — Richardson
    Cause of death: Gunshot wounds
  • Jacob Lee Rhyne, 39
    Cause of death: Gunshot wound of the neck
  • Wayne Lee Campbell, 43 — Rowlett
    Cause of death: Gunshot wound of the head into the trunk
  • Daniel Raymond Boyett, 44
    Cause of death: Gunshot wounds of the head
  • Charles Wayne Russell, 46
    Cause of death: Gunshot wound to the chest
  • Jesus Delgado Rodriguez, 65
    Cause of death: Gunshot wound to the head and trunk
  • Richard Matthew Jordan II, 31
    Cause of death: Gunshot wound to the head
  • Manuel Issac Rodriguez, 40 — Allen
    Cause of death: Gunshot wounds
  • Matthew Mark Smith, 27 — Keller
    Cause of death: Gunshot wounds to the trunk

♦♦♦ See The Mugshots Of Some Of The Suspects In The Waco Gang Shootout ♦♦♦

Approximately 200 members of rival motorcycle gangs and their support groups, as well as some independent bikers, were involved in the incident at Twin Peaks. A majority were members of either the Banditos or Cossack motorcycle gangs.

At the direction of the prior District Attorney, 177 bikers were arrested as members of criminal street gangs. One-hundred-fifty-five were later indicted for the offense of engaging in organized criminal activity. All but 24 of those indictments were dismissed before Johnson took office on January 1, 2019.

I agree that there was reasonable suspicion to support the detention, and sufficient evidence to provide probable cause to support the arrest and the grand jury’s subsequent indictment of the 155 persons for the offense of engaging in organized criminal activity. It is after the initial indictment of the 155 individuals that I disagree with the manner in which the prior District Attorney handled this matter,” said Johnson in a statement. 

Only one case ever made it trial and ended in a mistrial.