Jurors in the Jacob Carrizal Twin Peaks trial watched more surveillance video from the fatal shootout Thursday as prosecutors continued trying to build their case against the Bandidos Dallas chapter president.
Carrizal, 35, is on trial in Waco’s 54th State District Court on charges he directed the activities of a criminal street gang and two counts of engaging in organized criminal activity. If convicted, he faces a minimum of 25 years in prison on the first count and a maximum of life in prison.
Department of Public Safety investigator Chris Frost returned to the witness stand for the second day Thursday to describe video of a portion of the Twin Peaks shootout captured by a hidden pole camera he installed that morning.
Judge Matt Johnson recessed the trial around noon Thursday. Prosecution testimony will resume at 9 a.m. Friday.
Prosecutor Amanda Dillon picked up the DPS video where Frost’s testimony ended Wednesday, about 12:26 p.m. on May 17, 2015, after the shooting and fighting that left nine bikers dead and dozens injured stopped.
The video showed Jesus Rodriguez, a biker not affiliated with either of the warring Bandidos or Cossacks, lying dead near the Twin Peaks sign and a biker Frost identified only as “Bear” lying on the ground writhing in obvious pain after being shot in the back.
A biker walks by holding his right arm, while bikers walked into the picture with their arms raised, responding to police commands.
One man walks over and sits down on the curb, holding his face. Other bikers are lying on the ground, also responding to police orders.
A group of Cossacks appear to be trying to give medical attention to Bear and can been seen carrying him away after a minute or two. The man with the face wound is allowed to walk toward officers for treatment.
Frost and other officers testified that ambulance crews will not enter what police call “hot zones,” staying back until dangerous situations can be stabilized.
During cross-examination, Carrizal’s attorney, Casie Gotro, said the police investigation started out as a capital murder probe into Rodriguez’s death. The incident later was expanded into criminal conspiracy cases after McLennan County District Attorney Abel Reyna showed up at the scene and consulted by telephone with then Waco Police Chief Brent Stroman, who was out of the state.
Frost said the roles of DPS investigators and Waco police SWAT officers on the scene were different, saying DPS officers were there to gather intelligence on the motorcycle groups while Waco police officers were there to create a visible law enforcement presence in hopes of being a deterrent to violence.
“We did not believe there would be violence like there was at a strip mall on a Sunday afternoon,” Frost said.
In other prosecution testimony Thursday, Peter Caldwell, general manager at Don Carlos Mexican Restaurant, helped prosecutor Michael Jarrett narrate video from one of the restaurant’s 16 surveillance cameras. Don Carlos is next to the Twin Peaks location.
The video, showing mostly the front parking lot and sidewalk leading to the restaurant, did not capture the shooting. But it was obvious when the gunfire erupted because people could be seen running and officers could be seen using vehicles for cover as they advanced toward the area of Twin Peaks.
“While everyone else is running away, these officers are going toward the violence,” Jarrett said.
Caldwell agreed with Jarrett that none of the officers in the video, who were walking with guns drawn, were firing their weapons.