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Expert says Bandidos and Cossacks equally responsible for Twin Peaks shooting in day four of trial

(Source: KXXV) (Source: KXXV)
WACO, TX (KXXV) -

Day four of the Twin Peaks trial for Christopher Jacob Carrizal wrapped up with one expert putting the responsibility of the Twin Peaks incident on two groups referred to as outlaw criminal street gangs.

On Monday morning, Federal Task Officer Doug Pearson, who had been testifying on Thursday, said he believed both the Cossacks and Bandidos are equally responsible for what happened outside of the Twin Peaks restaurant on May 17, 2015. Nine bikers died and dozens were injured after the shootout.

He said he saw text messages Carrizal sent to support groups mentioning "bring tools," "don't travel alone," "this the life we've chosen," and "don't tolerate disrespect." Pearson elaborated all of these messages are indicative of gang membership.

Defense attorney Casie Gotro said the message of don't travel alone because Bandidos were being targeted. She also said the Cossacks were the ones wearing bulletproof vests, not the Bandidos.

Pearson said from reviewing the evidence the Bandidos knew there would be a fight. In addition, he said he had not seen any evidence that showed they were scared of the Cossacks or that they were trying to prevent any confrontation. 

At the end of Pearson's testimony, Gotro tried to strike Pearson's testimony but the judge denied that request.

Throughout the rest of the day, four people who worked for Waco Police when the shootout happened testified about retrieving phones from the scene and information once they were taken into evidence. One of the phones mentioned belongs to Marshall Mitchell who is a leader of the Bandidos.

Daniel Harper with Waco Police said he was at the Convention Center where bikers were initially detained to collect property.

"They all lined up and like I said earlier, we took one of them 'come here. Which one is your property?' and they would say those are my boots. This is my stuff and we would go through it, cataloging what we took," Harper said.

He said officers would document date, birth date and write that information on the bag and it went to a table where detective filled formal property bag.

James Owens, a retired Waco Police employee who is now retired explained how the data was extracted from phones. Owens whose specialty is on computer forensics said some of them had erased data.

He explained to Gotro he obtained search warrants for each phone before it was looked at.

"I needed a search warrant to search it if that's what you meant unless they were deceased," Owens said.

Gotro inquired about the search warrants after Marissa Brosch, a Waco Police Crime Scene technician, testified collecting evidence from the scene but the didn't reference a search warrant. She said she was following orders from other law enforcement members who pointed out to her the phone she should collect. 

Both parties had several objections throughout the day and were called into the judge's chambers several times.

The trial will resume at 9 a.m. on Tuesday.

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