At least one biker killed in the May 2015 shootout at Twin Peaks was shot by two Waco police officers, while a second biker was shot by an officer and at least one other biker, a forensics lab supervisor testified Monday.
Forensic evidence about firearms and autopsies dominated testimony Monday in the trial of Jacob Carrizal, the first of 154 bikers indicted in the clash between Bandidos and Cossacks to stand trial.
Carrizal, 35, president of the Dallas Bandidos chapter, is on trial in Waco’s 54th State District Court on charges of directing the activities of a criminal street gang, engaging in organized criminal activity with the underlying offense of murder and engaging in organized criminal activity with the underlying offense of aggravated assault with a deadly weapon.
Court officials said Monday evening that prosecutors could rest their case against Carrizal on Tuesday, the 15th day of testimony.
Carrizal’s attorney, Casie Gotro, said she will be ready to present evidence when the state rests, which she said will include officers not called as witnesses thus far by the state.
April Kendrick, supervisor of the firearm and tool mark section at the Southwestern Institute of Forensic Sciences in Dallas, testified she analyzed the three rifles used by members of the Waco police SWAT team to engage bikers after the fight between rival biker gangs turned into a deadly shootout.
She said she analyzed two Bushmaster rifles and a Colt M-16, all of which fire .223-caliber bullets, and compared them to shell casings, projectiles and shell fragments found at the scene and retrieved from bikers’ bodies and clothing. Many of the fragments were unsuitable for comparison, she said, while others were determined to be inconclusive.
Two of the officers, Michael Bucher and Heath Jackson rode in the same car, and 11 of the 12 shell casings were found in and around the area where the car was parked, about 50 yards from the Twin Peaks patio area in the Don Carlos restaurant parking lot.
Seven of the rounds were fired by Bucher, while four were fired by Jackson, Kendrick said. One round was fired from a different location by officer Andy O’Neal, who has not testified at Carrizal’s trial.
All three officers were cleared in the shootings by a Waco police internal investigation and by a McLennan County grand jury.
Kendrick said bullet fragments from Jackson’s weapon were found in Daniel Boyett’s neck, while fragments from Bucher’s rifle were found in Boyett’s head and abdomen. Richard Kirshner, who also was killed, was shot in the hip and thigh by Bucher but also was shot by a large-caliber weapon that was too large to have come from police rifles, Kendrick said.
Fragments from Bucher’s weapon also were found in Richard Lockhart, who was not killed, and in Jacob Rhyne’s abdomen. Rhyne, who was killed, was also shot in the neck, but those fragments were not suitable for comparison, she said.
Fragments from Jackson’s bullet also were found in Wayne Campbell’s esophagus, Kendrick said.
Kendrick eliminated the officers’ weapons in the shootings of William Richardson, Clifford Pearce, Reginald Weathers, Christopher Julian Carrizal, Charles Wayne Russell, Jesus Rodriguez, Richard Jordan, Manuel Rodriguez and Matthew Smith because the caliber of bullets each was shot with was too large to be a .223.
In other testimony, Dr. Reade Quinton, deputy chief medical examiner for the Dallas County Medical Examiner’s Office, reviewed autopsy reports on the nine dead bikers, accompanying his testimony with graphic photos.
Manuel Rodriguez, the lone Bandido who died in the gun battle, was shown wearing a black shirt that said, “Respect This Patch or You’ll Fear it.” He was shot in the right eye and the right side of the back.
Richard Jordan, a Cossack who was shot in the back of the head, was wearing a vest with two lightning bolts, or an SS insignia, and a shirt that said, “Social Outcast. Crazy White Boy.”
Others killed were Wayne Campbell, Matthew Smith, Charles Russell, Daniel Boyett, Jacob Rhyne, Richard Kirshner and Jesus Rodriguez.