On Tuesday morning, the McLennan County District Attorney's Office rested its case in the first trial over the Twin Peaks shootout after alluding the defendant fired first shot outside the Twin Peaks restaurant more than two years ago.
Christopher Jacob Carrizal, who is the president of the Dallas Chapter of the Bandidos, was indicted on charges of engaging in organized criminal activity and directing activities of a criminal street gang. Nine bikers died and dozens were injured following the shootout.
With their witnesses, prosecutors have tried to prove the shootout stemmed from a turf war between the Bandidos and the Cossacks.
During a qualifying hearing for an expert witness before testimony started, prosecutors alluded Carrizal fired the first shot outside the Twin Peaks restaurant on May 17, 2015.
When Prosecutor Michael Jarrett asked El Paso Officer Francisco Valderrama whether he had seen evidence that showed Carrizal was leading the Bandidos and was the only one wearing a yellow helmet the day of the shootout, he replied yes.
Last week, former Twin Peaks restaurant employee Shaniqua Corsey took the stand, testifying she saw a man wearing a yellow helmet fired the first shot.
"I saw him arguing or talking to the guy and then his hand goes up and then it comes down, and he looks this way and then he looks back and he comes up again, he pulls out this long, dirty hairy, pistol," Corsey said.
On Tuesday morning, prosecutors showed Carrizal's brother, Chuck, the helmet to confirm it belonged to his brother.
Chuck said it did. However, prosecutors did not make a clear connection to the jury regarding the helmet and the previous testimony.
During Chuck's testimony, the Sergeant at Arms of the Dallas Bandidos, he confirmed when the defendant texted a message to support club members that stated "bring tools" to Waco, he meant bring your guns.
At first, Chuck told Jarrett, the text message sent two hours before the shootout meant tools for their motorcycles but he changed his testimony when Defense Attorney Casie Gotro asked him about the same subject.
When she told him: the truth is not going to hurt [Christopher Jacob Carrizal]. You understand your brother meant guns by tools?, he replied yes.
According to Chuck, a gunfight was not expected.
"I don't think they anticipated anything would happen at the COC meeting, just be careful on the road," said Chuck.
He also said if he would've known there would be a fight, he would've not been at work that day.
"I wouldn't want anything bad to happen to them," Chuck said.
Chuck got emotional when testifying his father and uncle got shot and his brother got arrested after the shootout.
Toward the end of his testimony, he agreed the Bandidos knew about the ongoing conflict with the Cossacks when the shootout happened. However, when first asked him about it, he told Jarrett differently.
"I wouldn't call it a conflict. They were the ones out harassing us. We didn't have a problem with them," Chuck said.
The defense is expected to start calling in their witnesses tomorrow at 1 p.m.
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