Two defense attorneys representing Twin Peaks defendant Marcus Pilkington filed a motion asking a McLennan County District Judge to dismiss the recent indictment against him for a riot on Monday.
According to the motion to quash and objection to the amendment of the indictment, the McLennan County District Attorney's Office issued a new indictment that had the same cause number than the original indictment for engaging in an organized criminal activity.
Defense Attorneys Paul Looney and Mark Thiessen said new charges require a new indictment and a new cause number. They said it did not happen in this case.
According to the motion, it is not entirely clear whether the state intends to replace or supplement the first indictment with the new one, which has not been formally dismissed.
In the motion, attorneys also explain the new charges prejudices the defendant's substantial rights.
Central Texas News Now reached out to the McLennan County District Attorney's Office on Monday and is waiting for a response.
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