Waco police: Some bikers may have been shot by officers

Landon Haaf, Tanya Eiserer, WFAA-TV, and John Bacon, USA TODAY | USA TODAY

Show Caption Hide Caption Police: Biker gangs put us on hit list after deadly shooting The more than 160 people arrested after a biker gang shootout in Waco, Texas could face capital murder charges for their role in the incident that left nine people dead and 18 injured. Police also say they've received threats against their lives.

WACO, Texas — A phalanx of law enforcement officers were combing a bloody, bullet-riddled crime scene Monday, trying to sort out who killed whom a day after a melee involving rival biker gangs left nine people dead.

Some of the dead and wounded may have been shot by officers responding to the bedlam at the Twin Peaks restaurant franchise, Waco police spokesman Sgt. W. Patrick Swanton said.

"They started shooting at our officers and our officers returned fire," Swanton said. Most of the dead and wounded suffered from gunshot and stab wounds, he added.

"It is a pretty gruesome scene," Swanton said.

How many bikers may have died from police gunfire is not yet known. Citing a law enforcement source, CNN reported that four of the dead bikers were shot by police.

But at a news briefing Monday evening, Swanton said that information "has not been verified by us, it has not been verified by autopsies or medical results as well."

"The autopsies have not been completed and that information may very likely be incorrect," Swanton said. "It is not coming from me or the Waco Police Department."

Investigators plan to finish collecting evidence at the crime scene Tuesday morning, he added.

Swanton said 170 people had been charged with engaging in organized crime resulting in death — a capital offense that could bring the death penalty in Texas.

Justice of the Peace W.H. Peterson ordered all to be held on $1 million bonds, and about one third had been had been booked into the McLennan County Jail by Monday afternoon, KWTX-TV reported.

Swanton said police had intelligence that the gang recruiting event Sunday at Twin Peaks restaurant could grow violent. Eighteen Waco and four state officers were in the area when the violence began, he said.

"They knew we were seconds away but it mattered not to them," Swanton said. "They were killing people and then turned their guns on officers."

Police said at least three of the dead were in the parking lot and four were in front of the restaurant. One other was dragged toward a building nearby. None of the dead had been identified as of Monday afternoon pending notification of family, but Peterson said all were Texans.

Close to 100 weapons were recovered from the scene, including brass knuckles, knives and clubs.

Swanton said that gang members had been threatening police overnight and that police have "credible intelligence" to believe that other bikers were coming to Waco to take revenge on police or rival gangs. He said the gangs had given a "green light" to target uniformed officers.

The local courthouse, hospital, jail, convention center and mall were all under heavy police protection, and officers armed with assault rifles were stopping motorists. The Interstate 35 exit to the restaurant and the area was closed, snarling traffic.

"We are on high alert," Swanton said. "We encourage those individuals not to bring criminal activity to Waco, but let it be known, if they do, we are ready."

In a statement Monday, Gov. Greg Abbott said Texas "will not stand for the type of lawlessness we witnessed in Waco yesterday." He said he was "committed to providing any and all resources" to the police and community.

A federal law enforcement official, who is not authorized to comment publicly, told USA TODAY that law enforcement at all levels had been generally aware that tensions were rising in the ranks of the Bandidos and Cossacks groups, which were at the center of Sunday's violence.

Those tensions were related to incidents in the past two months in which members had lashed out against each other in smaller-scale brawls. But the official said there was no indication that the groups were headed to the war that erupted Sunday.

A warning bulletin was even issued May 1 by the Texas Joint Information Center run by the Texas Department of Public Safety.

"Violence between members of the Bandidos OMG and the Cossacks MC has increased in Texas with no indication of diminishing," according to the bulletin. "The conflict may stem from Cossacks members refusing to pay Bandidos dues for operating in Texas and for claiming Texas as their territory by wearing the Texas bottom rocker on their vests, or 'colors' or 'cuts."

According to the bulletin, law officers had been actively trying to reduce tensions between the two groups and had met with them about it. They had been cautioned about the "unwanted attention a potential war would bring to both groups," the bulletin said.

At least five biker gangs were involved in the incident, some of which were fighting as allies, Swanton said. He declined to name them, saying they didn't deserve the publicity.

Investigators from multiple agencies were dealing with bodies, shell casings and other paraphernalia at the Central Texas Marketplace shopping center. Hundreds of cars and motorcycles are still in the parking lot, many of them awash in bullet holes. All bodies have been removed from the crime scene.

Managers of the local Twin Peaks franchise, which opened last August, issued a statement saying they were "horrified" by the violence.

"Our management team has had ongoing and positive communications with the police and we will continue to work with them as we all want to keep violent crime out of our businesses and community," said the statement posted on Facebook by operations manager Jay Patel. "We will continue to cooperate with the police as they investigate this terrible crime."

Swanton dismissed the statement as "an absolute fabrication," saying the managers had repeatedly ignored police warnings of trouble brewing at the restaurant.

The national chain said it had revoked the local owners of their franchise, saying in a statement the local owners "did not uphold the high security standards we have in place to ensure everyone is safe at our restaurants."

At the request of Waco police, the Texas Alcoholic Beverage Commission suspended the restaurant's alcohol license for seven days.

The Waco managers have not responded to either action.

Swanton said off-duty officers shopping at the outdoor mall jumped in to help during the firefight.

"They without a doubt did a hell of a job," he said.

Bacon reported from McLean, Va. Contributing: Kevin Johnson and Michael Winter.