Wednesday, January 28, 2009

Chad Wilson, 33, of San Diego and John Midmore, 35,trial for conspiracy would amount to double-jeopardy.

Chad Wilson, 33, of San Diego and John Midmore, 35, of Valparaiso, Ind. were acquitted by a Minnehaha County jury Nov. 20 on charges that they tried to kill five people associated with the Outlaws Motorcycle Club. The parties decided before the trial that charges of conspiracy to commit murder would be handled later.But after the verdict, defense lawyers argued a trial for conspiracy would amount to double-jeopardy. Beadle County State’s Attorney Mike Moore, who helped prosecute the case, now says he is close to a plea agreement with both defendants.“We’re close to an agreement to resolve it,” he said Tuesday.Moore would not disclose the particulars of the deal, but said the plan is for Wilson and Midmore to return to state court in Sioux Falls to enter pleas on Feb. 4.

Tuesday, January 27, 2009

Three members of the Gypsy Jokers motorcycle gang who allegedly assualted another man

Three members of the Gypsy Jokers motorcycle gang who allegedly assualted another man outside a Gosnells nightclub in 2007 began their trial in the WA District Court today.The men - Dean Alan Adams, Peter Floyd Robinson and Gordon Edwin Rodgers - have been accused of intending to cause harm to as well as endangering the life of Petera Heta Haimona outside the Cactus Nightclub in the early hours of May 12, 2007.
State prosecutor James MacTaggart told the court that each of the accused inflicted several injuries on Mr Haimona by a "combination of kicking and punching" along with various objects such as a wheel brace, club and a piece of wood or metal approximately one metre in length."It was a brutal attack which occurred in a short amount of time," he said during his opening address."They punched, kicked or otherwise hit him with the objects I described with the intention to cause harm.
"His life, health and safety were likely to have been endangered during the attack."The prosecution also put forward an alternative charge of grievous bodily harm because of Mr Haimona's injuries.The court was told the attack occurred outside the nightclub in the car park a little before 4am when Mr Haimona - who was known as "Kiwi Pete" to nightclub staff - went to help out a friend who was involved in a scuffle.He was later chased by the three accused as he moved up a flight of stairs leading to the club.Mr MacTaggart said Robinson attempted to strike the victim with a club, but Mr Haimona kicked out at him, causing Robinson to fall down the stairs.
The court heard Rodgers and Adams then struck the victim with various objects.
Adams struck Mr Haimona "several times with a wheel brace to the head and upper body" and was also kicked in the head during the attack."It forced Mr Haimona to curl up on the ground to try to protect himself," Mr MacTaggart said."Mr Haimona was bleeding profusely from the wounds on his head and suffered bruising to his head and upper body."He also suffered abrasions and swelling to his left ear, a swollen nose and skin abrasions to the back of his torso."The injuries were likely to cause permanent damage," Mr MacTaggart told the court before describing Robinson as the "main participant" in the suspected attack."(Also) the appearances of the men were consistent with those on the security footage."This was an undoubted attack for which there was no lawful excuse."Rodgers' lawyer, Gary Massey, told the jury that although there was no denying the injuries suffered by the complainant, "what is in dispute however is whether or not Rodgers did it"."You must try the case on the evidence and not let any feelings of prejudice and sympathy sway your decision," he said.Jeremy Scudds - who is representing Adams - reminded the jury the "burden of proof" fell on the prosecution."Even reliable witnesses can be wrong," he said."The consistency in terms of appearance on the footage is not beyond reasonable doubt.
"It is a bogan's pub."There are a lot of goatees, beards and long hair at the Cactus Club - which would suggest many people who go there have very similar appearances."
Defence counsel for Robinson, Helen Prince, also raised doubts about the use of identification as evidence in the trial."The problem with identification is that honest people can be mistaken," she said.He said her client had been at that pub the previous lunchtime.The court was told he would call on witnesses during the trial to confirm that he was asleep at the time of the suspected attack "after a long day of drinking"."Robinson's DNA was not found on any weapons the State is referring to," Ms Prince told the court."Ten days after the attack, police went to his house and he looked the same."Surely he would have been expected to change his appearance had he done it."The trial, which is set down for a week before Judge Roger Macknay, continues.

Matthew Toerner told detectives that he shot John Marmo Jr. four or five times from the back seat of a rental car

Matthew Toerner told detectives that he shot John Marmo Jr. four or five times from the back seat of a rental car that was parked next to Marmo’s vehicle, according to a tape-recorded interview played to jurors Monday.Toerner is a co-defendant in the death of Marmo, who was shot once in the back in Camarillo as he was on his way to work early on the morning of Dec. 1, 2006.Marmo’s former wife, Rebecca Braswell, is also on trial for murder.The killing was a result of a bitter child custody dispute between Braswell and Marmo, prosecutors say.Another co-defendant, Shannon Butler, will be tried later this year. Braswell, 28, Toerner, 22, and Butler, 25, are former Navy Seabees.A fourth Seabee, Seth Hardy, 22, has been charged with trying to kill Marmo by putting two propane canisters under his vehicle on Oct. 14, 2006, and Oct. 28, 2006. He will be tried separately.The tape-recorded interview, lasting about 2 1/2 hours, was played to jurors. Detectives interviewed Toerner in Okinawa on Dec. 11, 2006.Toerner’s lawyer, Robert “Bobby” Schwartz, said his client shot Marmo to protect Butler, who had convinced him that Marmo was beating her and that Braswell had connections with outlaw motorcycle gangs and an Oxnard criminal street gang.Earlier, Toerner gave a detailed account of how he, Hardy and Butler talked about killing Marmo by putting the propane canisters under his vehicle. Toerner said he didn’t know Marmo and spoke to Braswell once briefly.Initially, Toerner told detectives Butler shot Marmo. Toerner said it was very early in the morning when Butler woke him up.“I heard the gate open. She had a gun in her hand,” Toerner told detectives, adding that she fired four or five shots.Toerner told detectives: “I told her no, don’t. I ended up curling up. I ducked down. I went into the fetal position. I was scared.”Toerner said they parked in the driveway next to Marmo’s car and drove off after the shooting.During the interview with Toerner, Ventura County Sheriff’s Department Detective Joe Evans asked that he walk them through the shooting.“We have Shannon. We have the gun. We have statements from everybody. We’ve got the whole deal,” Evans told Toerner.Evans abruptly stopped and said Butler told him Toerner shot Marmo.“I am not convinced that you are not the shooter,” Evans told Toerner.Evans then told Toerner he believed Toerner and Hardy were both manipulated by Butler, who was close friends with and briefly lived with Braswell at Naval Base Ventura County at Port Hueneme.Toerner later admits that he shot Marmo and fired four or five shots.“She said she was going to die if he wasn’t killed,” Toerner told Evans.“Young man, it’s my opinion that she orchestrated your work in this shooting from the beginning, from the get-go. She pegged you,” Evans said.Toerner said he wanted to throw up and began crying, saying that he was sorry.“We know that you’re sorry. We know. We can tell by looking at you,” Evans told Toerner.Under cross-examination, Schwartz first acknowledged Evans’ calm and fatherly approach in interviewing Braswell and Toerner.“Sir, I believe that you are the best in the business. I am ready to confess and I haven’t done anything,” Schwartz told Evans, eliciting laughter from some in the courtroom.Evans said it was his opinion that Butler manipulated Toerner and Hardy.

Monday, January 26, 2009

It's a sad day when Melbourne is now known as the holiday destination of choice for Australia's outlaw motorcycle gangs

Hells Angels, will ride into Melbourne on Saturday.Gang members are expected to party in the city's night precincts near where former member Christopher Hudson went on a shooting rampage in July 2007. Sources have told the Herald Sun up to 200 of the gang's members will be on the streets in its first show of force since Hudson shot three people, killing father of three Brendan Keilar. Bikies from NSW began arriving at a Preston hotel yesterday, ready for the event. Police Det-Supt Paul Hollowood said Angels East County branch sergeant-at-arms Peter Hewat had promised there would be no violence. Det-Supt Hollowood said it was not the main national run and a smaller convoy of riders was expected in the city. "If you're talking of numbers of upwards of 200, our understanding is it will be a run but not a large one," he said. "We are aware of what they are doing and where they are going.
"We have been given assurances it will be peaceful. It's during these runs that bikie groups behave at their best." He confirmed police would not be giving gang members an escort into the city, as the force did in October when the Bandidos rode in convoy from Geelong to the CBD. It's expected bikies will ride from the East County chapter in Craigieburn, around the peninsula and into the city. Dutch backpacker Paul de Waard, who was one of three people shot during Hudson's shooting rampage at the corner of William St and Flinders Lane in 2007, said he was not opposed to bikies descending on the city. "I know a lot of Australians must hate bikies because of what they do," he said. "But I know it was Chris Hudson who was the one who did it." Jim Douglas, the father of shooting victim Kaera Douglas, also said he did not care where the bikies rode. It is expected the gang will hit bars and strip clubs in the CBD but it is not known if they have booked a hotel in the city. It is also not known if any surveillance will be in place. Police Association secretary Greg Davies, who is opposed to police escorts for bikies, said large numbers of bikies were an intimidating sight. "It's a sad day when Melbourne is now known as the holiday destination of choice for Australia's outlaw motorcycle gangs," he said. "When the Hells Angels are given the keys to the city, just like their adversaries the Bandidos, you don't know what to expect. "An increased police presence is absolutely necessary. Whether numbers are available is another question. "We can only hope the police force has used all their intelligence resources to be ready for any eventuality that may arise." Bikie violence has escalated in the past three years. In the latest turf war break-out, Bandidos enforcer Ross Brand was shot dead outside their Geelong clubhouse last October 22. Three men have been charged with murder. The Angels are probably the most commercial outlaw bikie outfit in the world. They are widely credited with bringing amphetamines to Australia after Angel Peter John Hill brought back the recipe from club counterparts in Oakland, California, in the 1980s.

Greg ``Haystacks'' McDonald, a former sergeant-at-arms with the Gypsy Jokers biker gang, was shot dead while horseriding in Wetherill Park

TWO local murders remain unsolved rewards of up to $200,000 for information relating to numerous related cases.Greg ``Haystacks'' McDonald, a former sergeant-at-arms with the Gypsy Jokers biker gang, was shot dead while horseriding in Wetherill Park in 1991.On August 3, 2001, Ian Draper was seen leaving Mount Pritchard Community Centre. His white Ford sedan, registration ACD 45Q, was later found abandoned on Bringelly Road, Leppington on September 17, 2001. Mr Draper has been missing since.
Police believe these two cases are linked to the murder of Albert Perish, 93, and his wife Francis, 91, in their Leppington home in 1993. Mr Draper was believed to have witnessed one of Albert Perish's grandsons brutally bashing a man to death.
The grandson was suspected of his grandparents' murder, as was Terry Falconer, who was murdered in 2002 while out on parole for drugs charges.
Strikeforce TUNO is investigating these cases and more, and has now offered rewards for further information regarding:
Terry Falconer - $200,000;
Ian Draper - $100,000;
Attempted murder of a 30-year-old New Zealand national in Haymarket in 2002 - $100,000; and Albert and Francis Perish - $200,000.

Wednesday, January 21, 2009

28-year-old Mongols gang member Eric Gunner Lundin, was sentenced by Judge Dale Reinholtsen to three years in prison for felony charges

Four men arrested in connection to the non-fatal shooting of a suspected Hells Angels member in November were sentenced in Humboldt County Superior Court Tuesday afternoon to terms ranging from three years in prison to 180 days in jail.
All four men, three of whom were found to be card carrying members of the Mongols Motorcycle Club, pleaded guilty in a plea agreement offered during their preliminary hearing, after evidence surfaced that the victim -- Robert Thompson -- may have fired first.Deputy District Attorney Ben McLaughlin said although there are no current plans to charge Thompson as a felon in possession of a firearm, the matter is still under investigation. The accused gunman in the case, 28-year-old Mongols gang member Eric Gunner Lundin, was sentenced by Judge Dale Reinholtsen to three years in prison for felony charges of assault with a firearm and participating in a criminal street gang. Lundin's attorney, Glenn Brown, said his client will likely serve "a little over two years." Dustin Liebes, a 36-year-old who the prosecution named as the president of the area Mongols chapter, was sentenced to one year in jail with five years probation. Shasta County resident Eric Garcia, 28, was also given a one year jail sentence with five years probation. Both men had pleaded guilty to participation in a criminal street gang, and both were granted 110 days time served.

Wednesday, January 14, 2009

Troy L. Martin's shooting, which the county district attorney has labeled an "assassination,"

Troy L. Martin spent the last moments of his life with a longtime friend, Russell E. Samuels. 58, a Honey Brook man who witnessed Martin's murder, has had ties to the Pagans motorcycle club, according to news accounts and a law enforcement source.
And now authorities are exploring whether there is a link between that gang and the killing, the source said.Samuels was part of a Pagans/Amish drug ring that operated locally 10 years ago.Martin, 45, of Earl Township, in turn, had ties to Strong Arm Productions, a local motorcycle club that serves as a feeder or associate club of the Pagans, the source said.New Holland Police today declined to comment on whether Martin's shooting, which the county district attorney has labeledan "assassination," had anything to do with the Pagans.Martin was shot in the chest and abdomen late Saturday night as he got out of Samuels' car at his home, at the end of a dead-end street off Route 322 near Hinkletown.His mother, Suzanne, said earlier this week that Martin had been out on the town that night with Samuels, a longtime friend.
Police said a man in a red Ford SUV followed Samuels and Martin down Clearview Avenue to Martin's home. The man, who hid his face with an article of clothing, then shot Martin and fled.Sources said Martin was a member of Strong Arm Productions, a relatively new motorcycle club that has members in Lancaster City and eastern Lancaster County.Its members are known to frequent bars in the New Holland area, where they occasionally get into fights, said a law enforcement source familiar with the group.The club's emblem is a clenched fist and an upper arm flexing its bicep.
Strong Arm is known as a feeder club for the Pagans, a law enforcement official said. Strong Arm members sometimes ride with and associate with the Pagans and, if the chemistry is right, may be asked to join the club, a source said.Lancaster County has served as a base for the Pagans over the years. Its national secretary-treasurer, now in prison on drug and money laundering charges, formerly lived in West Hempfield Township. The Lancaster County chapter president, a longtime Lancaster postal worker, was killed in 2002 in a brawl between the Pagans and the Hells Angels in New York.The Pagans, along with the Sons of Satan, also maintained a clubhouse in Rapho Township for about 20 years, police said. The clubhouse was destroyed in a pipe bombing in 2002, during what police said may have been a gang feud.The U.S. Department of Justice, on its Web site, says the Pagans are one of the most prominent Outlaw Motorcycle Gangs in the Mid-Atlantic region, with an estimated 200 to 250 members in 41 chapters in 11 states.The Pagans have been tied to traditional organized crime groups in Philadelphia, Pittsburgh and New York and have engaged in criminal activities such as drug trafficking, arson, assault, bombing, extortion and murder, according to the Justice Department.Samuels, who did not return several calls for comment, is not a stranger to the club.He was among six members and Pagans associates who pleaded guilty in 1998 to distributing as much as $1 million in cocaine and methamphetamines to several Lancaster County Amish youths throughout Lancaster and Chester counties.According to federal indictments in the case, the Pagans obtained drugs and sold them to Amish people for distribution in Lancaster County at hoedowns — traditional gatherings for Amish and other teens and young adults.Samuels was identified by federal officials as a "Hang-Around" in the case. So-called "Hang-Arounds" or "Prospects" were allowed to associate and socialize with the Pagans, but had to go through a hazing period to become full members, federal authorities said at the time.Samuels pleaded guilty to conspiracy to distribute drugs and was sentenced to four years in prison. At his sentencing in 1999, he told a judge that before his arrest he had decided to change his lifestyle and become a Christian. He added that he was sorry for his mistakes and had made many positive steps toward a better life and was "getting old to start over again."
Samuels has an extensive criminal record in addition to the indictment in the Amish/Pagan drug ring.In 1988, he was charged with aggravated assault, resisting arrest and disorderly conduct, according to court records. He pleaded guilty to the latter two charges and was sentenced to two years of probation.In 1995, he pleaded guilty to receiving stolen property and was sentenced to two years of probation. The charge stemmed from a police search warrant at his home that turned up stolen motorcycle parts.Since his release from jail on the Amish drug ring charges, Samuels has had other problems with the law. In 2007, Samuels was charged with accidents involving death or personal injury, driving under the influence of alcohol and traffic offenses related to an accident outside a New Holland bar.
According to the criminal complaint, Samuels ran over a man with his Harley-Davidson motorcycle in the parking lot of The Pub on East Main Street in July 2007, and then drove away. A test showed Samuels' blood-alcohol level was 0.167, which is above the legal threshold for drunken driving, according to the criminal complaint.
Samuels told police there was a disagreement in the bar and he was trying to leave, according to the criminal complaint in the case.
Samuels said "he didn't know if he hit someone or something when he left," according to the complaint. Samuels said the incident was "all over (expletive)."
The alleged victim was treated at Ephrata Community Hospital for non-life threatening injuries.Samuels posted $5,000 bail and was released. A pre-trial conference on the case is scheduled for next month.Martin also had a history of criminal problems, involving assaults, a weapons charge and disorderly conduct.
His most serious offense was in 2004, when New Holland police charged Martin with aggravated assault, reckless endangerment, public drunkenness and a weapons offense after a fight at The Ritz on Main, 138 E. Main St., New Holland.According to newspaper records, the owner of the Ritz told police he had been assaulted by a patron, who had later been removed from the establishment.While searching for that patron, police heard popping noises from the rear of a nearby drugstore. They found Martin, who had a .32-caliber handgun and a switchblade on him.The suspect in the assault of the club owner told police that Martin chased him and fired a gunshot at him, according to newspaper records.Court records indicate Martin pleaded guilty to possessing an illegal weapon and reckless endangerment. He was sentenced to probation.Strong Arm Productions is listed on a Web site run by the Eastern Pennsylvania Federation of Clubs, a group that claims to help "abolish discrimination toward motorcyclists, and increase communications within the motorcycle communities."