Jury started deliberating in the first trial over the Twin Peaks shootout before 1 p.m. on Thursday this after both parties gave their closing statements.
After several hours of deliberation, the jury sent a note to McLennan County District Judge Matt Johnson around 9:30 p.m. saying that they were deadlocked on all three charges.
In addition, that note stated: "Mr. P indicated he had personal experience with the Cossacks and his opinion will not change because of it."The judge told them to continue deliberating but ultimately sequestered them until Friday morning at 9 a.m.
That decision was made after the jury sent another note to the judge requesting to allow them to continue deliberations on Friday after some jurors had become animated on Thursday night.
First Assistant to McLennan County District Attorney Michael Jarrett told the jury both Bandidos and Cossacks are equally responsible for what he referred to as the "Twin Peaks massacre." Nine bikers and dozens were injured after the shooting outside the Waco Twin Peaks restaurant on May 17, 2015.
"The Cossacks are gang members too. I will not to stand here, Mr. Reyna won't stand here and say somehow the Cossacks are innocent in this," Jarrett said. "Each one of the participants in the Twin Peaks massacre, and that's what it is, is guilty of engaging in organized criminal activity."
Christopher Jacob Carrizal is the first biker to stand trial over the deadly incident is the president of the Dallas chapter of the Bandidos. He faces up to life in prison if convicted in any of three charges. He was indicted on one count of directing activities of a criminal street gang and two counts of engaging in organized criminal activity.
"Nine families will never be the same and your lives will never be the same," Jarrett told the jury. "This man has earned every guilty verdict."
Jarrett said Carrizal prosecutors proved the first count he is charged with by showing defendant was part of an identifiable leadership structure because he was the vice president of the Dallas Chapter of the Bandidos at the time. In addition, he said Carrizal instructed support club members to bring guns to Waco.
"There was going to be a war and it was going to pop off. It eventually happened, unfortunately here in Waco, TX," Carrizal said.
He also referenced the testimony of a former Twin Peaks employee who said that a man wearing the yellow helmet was the one who fired first shot. During his testimony, Carrizal admitted he wore a yellow helmet that day but he said he wasn't the only one.
Defense attorney Casie Gotro started her closing arguments stating this case has been about prosecuting Bandidos. She asked the jury to remember the defendant testified even though "he was scared out of his mind."
She said the turf war between the Cossacks and Bandidos that prosecutors have tried to prove is false.
According to Gotro, her client is not a criminal, but a courageous person who didn't leave his group members and family members behind. His uncle, the president of his chapter, and father were also at Twin Peaks with him.
"Some men don't leave brothers, uncles and fathers behind. Those are good men," Gotro said.
Gotro called the incident a trap and an ambush by the Cossacks.
"That was an ambush and there were men, Cossacks that showed up with murder on their mind. I'm not saying all of them," Gotro said.
In addition, she said that police have been profiling motorcycle clubs for a while
"In this country, today, right now, police are targeting motorcyclists that are wearing the wrong color. It's called profiling. And it has reached fever-pitch," Gotro said.
She finished her closing arguments by asking jurors to find him not guilty, not guilty of all charges.
"Tell them no that the community, you live in, there is room for courage, there are enough cowards in the world. Certainly enough criminals," Gotro said.
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