Wrongful Arrest Exposed: The Whataburger Homicide Case

In 2020, On Call Investigative Solutions, LLC was assigned to investigate a murder that occurred at a Whataburger in Waco, Texas. From the outset, our Criminal Defense Investigation Team identified major flaws in the Waco Police Department's investigation.

The only evidence tying our client, M.W., to the homicide was a call from a confidential informant identifying him as the suspect. There was no physical evidence, no DNA, and no eyewitnesses — just the word of a C.I. who our investigators believed was a member of a rival gang connected to the victim. Despite the lack of corroborating evidence, Waco PD acted on this tip alone and arrested M.W.

M.W. spent the next four years in the McLennan County Jail awaiting trial. In that time, he lost his full-ride scholarship, missed years with his children, and watched his future slip further away with each passing day.

The Break in the Case

In 2024, our investigators were working an unrelated murder case, preparing for an upcoming trial. While reviewing the evidence, one of our investigators came across a recorded interview between a McLennan County Assistant District Attorney, a District Attorney's Investigator, and a co-defendant in that case.

During the interview, the co-defendant confessed to the 2020 Whataburger shooting — the same murder M.W. had been sitting in jail for — and stated that this shooting was what set off the wave of gang-related shootings across Waco that followed. Neither the ADA nor the DA's investigator connected this confession to M.W.'s pending case.

Our investigator immediately flagged the discovery to M.W.'s defense attorney, who took swift action. As a result, M.W. was released from jail and his case was dismissed.

The Twist

To date, the person who confessed to the murder has never been charged.