Attorneys for a man accused in a deadly gunfight in Waco, Texas, say a new indictment should be dismissed because of procedural problems.

In a motion filed Monday, Marcus Pilkington's attorneys say the state "ignored" procedures that would allow for amending the original indictment against him, which accused him of engaging in organized criminal activity.

The 2015 gunfire outside a Twin Peaks restaurant left nine bikers dead and dozens injured.

Pilkington's attorneys argued the state issued a new indictment last month with the same cause number as the original indictment, but charged their client with a different offense. This time, he's charged with riot.

Their motion says, "New charges require a new indictment, proceeding under a new cause number."

An official from the McLennan County district attorney's office declined to comment.