The Texas Court of Appeals has determined over the last week that officials had probable cause in only five of the 177 arrests following a shootout between two rival biker gangs and local, state and federal authorities outside of a Waco restaurant in May, with just over a dozen more cases set to be reviewed over the next two weeks.
Among those still facing charges are a Bandidos chaplain and a husband and wife. Officials also found probable cause against Bandidos members Marcus Pilkington, 36, and Reginald Weathers, 43, who ascertain they are “being illegally confined” and authorities lack sufficient evidence to prove they engaged in organized criminal activity the day of the shootout, the Waco Tribune-Herald reported.
Nine men were killed during the exchange of gunfire that day and another 20 were injured. Authorities confiscated more than 475 weapons, including 151 firearms. No other innocent civilians or law enforcement were injured during the shootout.
The incident remains under investigation, but a great deal of questions still remain, including who fired the fatal shots, which authorities have yet to disclose. However, Waco Police Chief Brent Stroman confirmed in June that a total of 12 rounds were fired by three Waco officers that day, leaving the remaining rounds at the hands of either the bikers or state and federal authorities.
At last count, 44 shell casings were recovered from the scene, including multiple .223 rounds, but ballistics evidence has not been made public at this time, despite the fact that autopsy reports were already released earlier this month, including vague descriptions of the injury-causing projectiles.