WacoTrib by Tommy Witherspoon 4/22/2019
Biker Jeff Battey thought that after the McLennan County District Attorney’s Office dismissed charges against him and the remaining Twin Peaks defendants, it was not too much to ask to have all records of his 2015 arrest destroyed so he could move on with his life.
It appears that won’t happen. Now Battey, a former Marine who still has a bullet in his arm from the May 2015 Twin Peaks shootout, is threatening to sue the DA’s office for malicious prosecution, his attorney said.
Waco attorney Seth Sutton, said a district attorney’s office representative recently told him that the office would oppose Battey’s motion to expunge records pertaining to his arrest after the Twin Peaks shootout on May 17, 2015.
Of the 24 remaining Twin Peaks cases that District Attorney Barry Johnson inherited when taking office in January, only three defendants were charged with murder and rioting: Battey, of Ponder; Glenn Walker, of Copperas Cove; and Ray Allen, of Krum.
The three-year statute of limitations has expired for prosecuting rioting and other possible charges stemming from the melee — except for murder, which has no statute of limitations.
Johnson said Monday his office opposed Battey’s expunction request in case some additional evidence surfaces “down the road†and they can file murder charges.
More:
https://www.wacotrib.com/news/courts_and_trials/da-won-t-scrub-arrest-record-of-injured-biker-in/article_92fc0c6e-1286-535f-a372-de2afb29606f.html
