A motion was filed Monday morning in the McLennan County 54th District Court by two defense attorneys handling a number of Twin Peaks cases to quash and object the re-indictment of defendant Marcus Pilkington.

Pilkington was re-indicted on a riot charge in connection to the case where nine people died and 23 others were hospitalized from the May 17, 2015 Twin Peaks shooting in Waco.

Houston criminal defense attorneys, Paul Looney and Mark Thiesan filed the motion based on research done by Waco criminal attorney Robert Callahan.

Looney said they “are of the opinion that the second indictment was unlawfully obtained and cannot now be lawfully obtained.”

“Just when it was beginning to look like the McLennan County District Attorney’s office had discarded the ‘Book of Waco’ and chosen to follow the Code of Criminal Procedure, we found that they are still making their own rules and have now made an inexcusable blunder,” Looney said.

Callahan said the problem with the re-indictments is the district attorney’s office filed cases without dismissing the original indictment.

The correct method of filing the riot charge, for instance, would have been to indict it as a new case with a new cause number. They could have had the two charges running parallel. Now, instead, the second indictment is of no legal import at all and is voidable which means the riot statute of limitations has run on all the new indictments and they are stuck with the “engaging” charges they initially used.

The Houston attorneys said in a statement dismissals on all but 25 defendants were filed in early 2018 with them being reindicted on charges including riot, murder and riot, tampering with physical evidence, and unlawful possession of a firearm by a felon.

The following re-indicted cases are below:

1. Ray Allen – murder and riot

2. Jeff Battey – murder and riot

3. Mitchell Bradford – two counts of riot

4. Richard Cantu – riot

5. Aaron Carpenter – riot

6. Jake Carrizol – riot

7. Nathan Champeau – two counts of riot

8. Roy Covey – tampering with or fabricating physical evidence

9. William Flowers – two counts of riot

10. John Guerrero – riot

11. Jeremy King – unlawful possession of firearm by felon

12. Richard Lockhart – riot

13. Rich Luther – tampering with physical evidence

14. David Martinez – riot

15. Wesley McAlister – two counts of riot

16. Tom Mendez – riot

17. Marshall Mitchell – riot

18. Jerry Pierson – riot

19. Marcus Pilkington – riot

20. Jacob Reese – two counts of riot

21. Owen Reeves – two counts of riot/habitual

22. Timothy Satterwhite – two counts riot/enhanced/unlawful possession firearm by felon

23. Kyle Smith – two counts riot/tampering with evidence

24. Glenn Walker – murder and riot

25. Reginald Weathers - riot

Looney has invited all defendants to use their work in this motion in any manner that is helpful.

Read the motion below:

Motion to Quash and Objection to Amendment of Indictment by Brandon Gray on Scribd