Jury selection starts in Custer State biker shooting trial

By Carson Walker, The Associated Press | Wednesday, November 05, 2008

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Jury selection started Monday in the trial of two Hells Angels bikers charged with a 2006 shootout at Custer State Park that injured five rivals.

During jury selection, several prospective jurors expressed concern about possible revenge.

Prosecutors accuse Chad Wilson and John Midmore of trying to kill five Outlaws Motorcycle Club members, but defense lawyers argue their clients acted in self-defense.

Wilson, 33, of Lynnwood, Wash., and Midmore, 35, of Valparaiso, Ind., pleaded not guilty to five counts of attempted first-degree murder and one count of commission of a felony while armed. A conspiracy charge will be handled separately.

Wilson is a Canadian citizen and member of the Dago Chapter of the Hells Angels in San Diego. Midmore has dual citizenship in Canada and Australia and is a prospect of the Haney Chapter of the Hells Angels in British Columbia, Canada.

The Aug. 8, 2006, shooting happened at Legion Lake Resort in Custer State Park, where the Outlaws gathered for the Sturgis motorcycle rally 70 miles north.

Wilson and Midmore were arrested that evening after telling an off-duty park ranger their pickup broke down and they needed a ride.

Their attorneys filed motions over the weekend to delay and dismiss the trial on grounds prosecutors did not turn over some evidence soon enough.

Judge Gene Paul Kean denied both requests, saying the issues could be dealt with during cross examination.

"We are now almost 27 months into this," he said of the case that has been delayed several times, including once for an appeal to the state Supreme Court that led to his appointment.

The first panel of possible jurors was approved Monday after less than two hours of questioning that led to several people being dismissed.

One woman cried and after a long pause said she knew of a young man who died as a result of gang activity. One young man was dismissed because he's a student. Another man was excused because he's handling with his late brother's estate. One woman was let go because she felt she couldn't judge another.

Defense lawyer David Kenner focused most of his questioning on whether his clients had a right to defend themselves and jurors' opinions on guns and the organizations involved.

"I think of them more of a gang than a club, I guess," because the members carry guns, said one woman.

"Why would you need one if you're in a motorcycle club."

She was one who said she was concerned about repercussions, depending on the verdict.

"If they are a club or a motorcycle gang, they, I'm sure, stick together," she said.

Another woman told Kenner she had a negative view of Hells Angels.

"Gangs are violent and feel they don't have to follow the law," she said.

Prosecutor Mike Moore told jurors they can't find the men guilty just because of their affiliation.

"This case isn't about the Hells Angels or Outlaws Motorcycle Club. This is about a crime," he said.

The five Outlaws wounded are Thomas Haas, 50; Allen Matthews, 59; Danny Neace, 61; Claudia Wables, 20; and Susan Evans-Martin, 35. Crystal Schuster, 29, suffered injuries unrelated to a gunshot. Their addresses are not listed.

The trial, which was moved from Custer, is expected to take several weeks.