Twin Peaks Attorney files motion against prosecutors

Posted at 6:52 PM, May 17, 2016
and last updated 2016-05-17 20:59:47-04

A criminal defense attorney filed a motion on Tuesday, the one year anniversary of the Twin Peaks shooting, to disqualify three prosecutors for their participation in the Twin Peaks shooting case.

The prosecutors named in the motion are McLennan County District Attorney Abel Reyna, First Assistant District Attorney Michael Jarrett and Mark Parker.

Attorney Abigail Anastasio is representing Ray Nelson, one of the 154 bikers indicted for engaging in organized crime in the May 17, 2015, shootout at Twin Peaks.

"If someone could tell me exactly what my client, you know, is alleged of done, I would like that," said Anastasio in a press conference on Tuesday. 

The motion, filed in the 54th District Court, claims that members of the district attorney's office started directing law enforcement on how to proceed with the investigation when they arrived on scene.

It's the first motion of it's kind to be filed in the Twin Peaks cases.

"This is an extraordinary case. There has been nothing like it that I've seen," said Anastasio. "And so extraordinary circumstances call for extraordinary motions. I believe that this motion does have merit."

The motion alleges that when members of the district attorney's office arrived at the Waco Convention Center after the shooting, they made a decision that "upon interviews with any of the individuals, if it was learned that they were with members of the Bandidos or Cossacks; that they would be charged with engaging in organized crime."

The motion claims that the DA's office changed the scope and course of the investigation following the shooting.

"The decisions involved were not made by the law enforcement officers," the motion alleges. "But by the above prosecutors (and possibly others within that office. The affidavit supporting arrest was not written according to the facts noted by any individual officer, but by the district attorney's office."

Anastasio said she is hoping to get a hearing for the case and the motion approved so she can put members of the district attorney's office on the stand during trial.

As of Tuesday, no hearing was scheduled. 

News Channel 25 reached out to the McLennan County District Attorney's office for comment, but did not receive a reply. 

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