LAST PERSON STILL JAILED IN WACO BIKER SHOOTING TO BE RELEASED

More than 430 weapons were recovered from the crime scene, including 151 firearms

By Emily Schmall

Associated Press
November 2, 2015

FORT WORTH, Texas — The last person jailed in connection with a deadly shootout among bikers and police outside a Waco restaurant was poised to be released from jail Saturday, more than five months after authorities rounded up 177 people from the crime scene and initially held them on $1 million bonds on charges of engaging in organized criminal activity.

A Waco jail this weekend was processing the release of Marcus Pilkington, 38, on a $50,000 bond but his attorney says he may not be released until Monday. His bond would be a sharp contrast with the first biker to be released, Jeff Battey, 51, who posted $1 million three days after the shooting. Both men were injured in the melee.

Nine people died and 20 were injured during the shooting, which authorities say arose from an apparent confrontation between the Bandidos and the Cossacks motorcycle clubs.

More than 430 weapons were recovered from the crime scene, including 151 firearms.

The gunfire erupted shortly before a meeting of a coalition of motorcycle clubs that advocates for rider safety.

Dashboard video of the scene shows people fleeing as shots ring out. Audio reveals police threatening to shoot people if they rise from the ground and photos of bodies lying in pools of blood in the restaurant parking lot.

The Associated Press on Saturday published surveillance video and photos from the Twin Peaks restaurant where the shooting occurred. CNN first aired the video Thursday. The video shows one biker pointing a gun while others crouch behind restaurant tables and crawl on the floor to escape the gunfire.

The release comes nearly six weeks after AP reviewed more than 8,800 pages of evidence related to the May 17 confrontation, including police reports, viewed dash-cam video and photos and listened to audio interviews, which together offer the best insight yet into how the shootout unfolded. Some of this evidence, also including photos of weapons recovered at the scene, is expected to be presented to a grand jury.

Investigators have offered scant details about what sparked the fight or how the gunfire played out, and no one has been charged with any of the deaths.

In a 430-page Texas Department of Public Safety report reviewed by The Associated Press, Pilkington told investigators interviewing the injured that he did not fire a gun.

Battey, who was shot in the arm, said "I may have fired a gun, I don't know."

On Friday, Battey's attorney, Seth Sutton, filed a motion to have the ex-Marine's ankle monitor removed and the condition that he not speak with any bikers lifted.

According to the motion, Battey's attacker first fired his gun at Ray Allen, who was among those killed, before pointing his gun and firing at Battey's chest. Battey raised his arm to deflect the bullet.