WACO, Texas - The new trial for Christopher Jacob Carrizal will start on April 2, 2018, according to the court coordinator of the 54th District Court.
This comes after Judge Johnson declared a mistrial in the Carrizal case after the jury announced it could not come up with an unanimous decision.
This followed several notes sent from the jury to Judge Johnson, who pressured jury members to reach a conclusion on the charges against Jacob Carrizal.
At one point, Judge Johnson gave the jury what is called an Allen charge.
He asked the jury to continue deliberations because there is little hope that another jury would receive new information if a mistrial is declared and a new jury is seated.
Carrizal's attorney, Casie Gotro, objected to the Allen charge.
She says a second trial would allow her to better use evidence she says was unavailable to her during this trial.
Judge Johnson overruled her objection and gave the Allen charge to the jury.
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The jury in the trial of Christopher Jacob Carrizal Trial is now deliberating his fate.
In closing statements, defense attorney Casie Gotro told the jury Carrizal did what he had to do the day of the Twin Peaks shootings, and that the state can’t prove Carrizal has done anything against the Cossacks in the past.
District Attorney Abel Reyna told the jury Carrizal rode right into Twin Peaks knowing what was bound to happen, and to “provoke it.”
He said if law enforcement has such a misunderstanding about the Bandidos, why not let them join? He reminds the jury of Carrizal’s testimony when he says the Bandidos exclude law enforcement
On Wednesday morning, Carrizal was back on the witness stand, with Jarrett back at him.
Jarrett showed a text between Carrizal and his dad from March 2015. They spoke about the brother getting safely through Waco - saying the brother had his gun and extra magazines.
Carrizal said the Bandidos were concerned about going through Waco after their brother/Bandido member got jumped near Lorena prior to March 23, 2015.
Carrizal read text messages Jarrett said was from an argument between him and his fiancé Valerie on May 3, 2015.
Carrizal finished reading the text messages and says he remembers “some of them”.
Carrizal confirmed he slapped someone at a bar and Valerie got mad. He said he’s good friends with this man now.
A picture showed Carrizal and his uncle David Martinez riding into Twin Peaks. Carrizal said around 20 bikers were following.
Carrizal said he believes he was the only one wearing a yellow helmet when riding to Twin Peaks. He said he didn’t realize it was Cossack bikes near the patio of Twin Peaks, claiming that’s why he passed up vacant parking spots.
Carrizal said he didn’t know cops were at Twin Peaks. He said he only had four bullets - two in the gun and two extra - but he claims he never had the chance to reload.
Carrizal said he wouldn’t lie, do a crime, or lose his integrity for his Bandido brothers.
Jarrett called out Carrizal on his lies - saying he lied about having a gun. Carrizal agreed. He also acknowledged he lied about taking his helmet off to an officer.
Carrizal said he doesn’t believe he or his Bandidos club is a target any longer. He said after Twin Peaks he got the “Expect No Mercy” patch - saying he got it because he was going to be tried for the shooting. But Jarrett says he hadn’t even been indicted yet, so that’s a lie.
Not every Bandido at Twin Peaks got the “Expect No Mercy” patch.
Carrizal said he got his new cut sometime after Twin Peaks. He said he got a new Harley Davidson bike after Twin Peaks, which was painted red and gold. Now he has a black and white bike.
Jarrett showed the jury a picture of Carrizal in Bandido attire, riding with a support club member, violating bond conditions after hiring Gotro as his attorney.
Carrizal explained why he has a “Lucky M.F.” patch, saying because he was shot at multiple times at Twin Peaks and survived.
After a morning recess, Carrizal was back on the stand.
Carrizal said they don’t start fights, they finish them. Jarrett asked if they finished it on May 17, 2015 after the Cossacks beat up a Bandido two months prior. Carrizal said they are two separate incidents.
The state passed the witness, and the defense started examining.
Carrizal said he doesn’t think there is anything funny about the people who lost their lives on the day of the Twin Peaks shootout. He said he lost a good brother that day.
Gotro asked Carrizal about the incident where he slapped someone at a bar Valerie worked at. He said he and Valerie were outside bickering and when they walked inside, he thought a man was “hackling” him so he slapped him. He said another day he saw the man again sober and apologized, and now they are friends. There was never a fight.
Carrizal said he violated the bond conditions because being with his brothers helped him get through everything, and since they also experienced the Twin Peaks shootout they understand him. He said he feels “normal.”
Jarrett called out Carrizal for wearing his cut riding with his brother in Waco recently. Carrizal said he continued to violate his bond conditions.
Before stepping down from the stand, Carrizal says he wants to die as a Bandido.
The defense rested, and the state called out two rebuttal witnesses.
Keith Stepka took the stand. He was at the Don Carlos restaurant wearing a blue shirt. Stepka was seen multiple times in videos scratching or tapping his head at one point.
Stepka said he was not signaling anyone when scratching/tapping his head. He said he was at Don Carlos to make a reservation for his girlfriend’s grandfathers birthday when he noticed things happening at Twin Peaks.
Stepka said he ran as soon as he heard gunshots. He said his girlfriend picked him up and he couldn’t retrieve his truck until four days later.
Stepka stepped down from the stand, and there was a lunch recess.
After the recess was over and the jury walked back into the courtroom, the state played a recorded testimony from Bandido Jack Smith. Smith is the president of the Tyler, Texas Bandido chapter.
Smith said they fine Bandidos $100 if they act up. He said he would’ve been at Twin Peaks if he could have been. He was out of the state when the shootout happened.
Smith said the “Expect No Mercy” patch means they gave blood and got injured defending a club member.
Smith made a shirt for the Bandido’s Birthday Run with a Mexican standing on a flag or mat saying “CMC”. Jarrett asked if it stands for Cossacks Motorcycle Club. Smith replied, "probably".
FOX44 will send out an alert through our mobile app when the jury reaches a decision.
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