He's the one who gets gunned by Costner around the end along with Tyree, and also says "He's getting out" (referring to Tyree). I'm saying this based on his actions and mannerisms, he just doesn't have that evil aura to him. Watch him closely and you'll see what I mean.
"You're from the 60s! Peace love dope! Back, back to the 60s! No place for you in the future!"
Eh, he's what you would call "the quiet type." Doesn't say or do much but is always there anyway. He's also, I think, one of the ones who used to ride with Cobb and Tyree along with Paden.
And regardless of whether or not he acted evil, he was still present when Emmit was getting run over by a horse, and also tried to sneak up on Jake in the bar when he was in an argument with Tyree about Tyree's girl, and at the end he was clearly intending to help Tyree kill Jake.
I think they made him so quiet and passive as a contrast to Tyree.