Mistrial declared in Bandidos biker beating case

Bandidos Motorcycle Club (Photo: Courtesy El Paso Police Department)

A mistrial was declared Friday in the trial of an El Paso Bandidos member accused in the beatings of two rival motorcycle club members.

A jury was unable to reach unanimous decision in the trial of Thomas Decarlo.

The jury of seven women and five men deliberated for more than eight hours over two days before telling 205th District Court Judge Francisco X. Dominguez at about midday Friday that they were unable to agree on a verdict.

Decarlo is facing one count of engaging in organized criminal activity-aggravated assault with a deadly weapon. He is facing up to 99 years or life in prison if he convicted on the charge.

More: Bandido could face life in prison if convicted in El Paso biker battle (link is external)

Decarlo was arrested in connection with the beatings of Ernesto Delgado and Gared Quesada on Aug. 3, 2016, outside Hot Chicks Wing House at 2281 N. Zaragoza Road. Bandidos El Paso chapter president Juan Martinez and sergeant-at-arms James Heredia were arrested in connection with the beatings.

Martinez died Aug. 3, a year after the beating, after he and three other men were shot four days earlier during an unrelated biker gang fight allegedly involving the Bandidos and Kinfolk Motorcycle Club members at Mulligan's Chopped Hog bar on George Dieter Drive in the far East Side. Heredia’s case is still pending in district court.

State prosecutors Patrick Sloane and Karla Munoz alleged throughout the trial that the Bandidos members were retaliating against the Los Traviesos motorcycle club. The two victims were allegedly members of Los Traviesos.

More: Rift over funds for child with cancer possibly led to fight, officer says in Bandidos case (link is external)

The alleged retaliation against Los Traviesos members involved a dispute over funds raised during a charity event for a child dying from cancer, prosecutors claimed. Los Traviesos left a motorcycle coalition ran by the Bandidos after Bandidos members allegedly demanded 10 percent of the $9,000 raised for the child and his parents.

Prosecutors also alleged that Decarlo had previously acted as an enforcer for the Bandidos and was “honor bound” to join the other men in beating the two rival motorcycle club members.

Defense lawyers Rene Flores and Wes Navidomskis countered that prosecutors had no evidence that Decarlo was at the scene of the beating. Videos of the brawl do not show Decarlo, according to testimony. He was only identified as a suspect by the alleged victims, defense lawyers argued.

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