WACO, Texas (KWTX) District Judge Matt Johnson on Monday dismissed the case pending against Cody Ledbetter, 28, of Waco, who was charged in the aftermath of the Twin Peaks restaurant shooting.
Later in the day, Johnson also dismissed the case against George Bergman, 50, of Balch Springs.
Houston attorney Paul Looney said Johnson dismissed the case barely two weeks after he set a trial date for Ledbetter on April 2, though at midday Monday Looney said he had not yet received a copy of the order.
“He (Ledbetter) is a totally free man and is able now to live his life as he wishes after three years of prosecutorial misconduct,” Looney said.
Ledbetter, whose father Daniel Boyett was among the nine bikers killed at Twin Peaks on May 17, 2015, was charged with engaging in organized criminal activity.
Two dozen others were injured, including Ledbetter.
Ledbetter, a 28-year-old diesel mechanic with no criminal record, on the day of the shootout was injured and had his arm in a sling, Looney said.
He was not armed and only ran for cover when the gunfire started, Looney said.
Ledbetter would have been only the second defendant tried of the more than 150 defendants indicted in the case, several of which already have been dismissed.
Had Ledbetter been found guilty of the charge he could have faced up to life in prison.
District Attorney Abel Reyna announced February 8 he would seek dismissals in 13 cases and would refuse to prosecute 24 more, which leaves about 100 cases still under investigation when a few individual dismissals and the 27 un-indicted cases are accounted for.
The first Twin Peaks trial ended in mistrial after a jury could not decide on Christopher Jacob Carrizal’s guilt.
Carrizal’s trial is set to begin on the same date, April 2, the court’s docket shows.
Looney took the opportunity Monday to speak his mind about the way the Twin Peaks initially were handled.
“I’m 63 years old and I’ve been a lawyer for a long time and this ranks as the most egregious abuse of prosecutorial power in the history of this country,” Looney said.
“We have to figure out how this happened and make sure it never happens again anywhere,” he said.