WACO, Texas — A federal judge is questioning whether the Texas district attorney prosecuting the bikers arrested in last year's deadly shoot out outside a Waco restaurant has a conflict of interest.

U.S. District Judge Sam Sparks says the prosecutor has a “substantial interest in the case” because he is being sued by some of the 154 bikers who were indicted.

The gunfire between bikers and police outside a Twin Peaks restaurant left nine people dead and 20 others injured.