As expected, a judge Tuesday agreed to move the trial of two men accused in a 2006 Custer State Park shooting. He also indicated that he may require the men to face a separate trial on a conspiracy charge filed by prosecutors in the case.

Hells Angels members Chad Wilson, 32, of Lynnwood, Wash., and John Midmore, 34, of Valparaiso, Ind., are accused of shooting at members of the Outlaws biker gang and others on Aug. 8, 2006, at Legion Lake Resort in Custer State Park. Five people were wounded. All lived.

Wilson is charged with five counts of attempted first-degree murder and one count of conspiracy to commit murder. Midmore is charged with five counts of aiding and abetting attempted first-degree murder and one count of conspiracy to commit murder.

Retired Circuit Judge Gene Paul Kean of Sioux Falls signed an order Tuesday moving the trial to Minnehaha County and ordered that Wilson and Midmore be transferred from Pennington County Jail to custody in Minnehaha County as soon as possible.

Defense attorneys had requested a change of venue because they questioned whether a fair trial could be held in Custer County because of pretrial publicity. Prosecutors did not argue against the request, citing safety concerns at the Custer County Courthouse.

The trial, which has been delayed numerous times, is now set for Nov. 3 in Sioux Falls.

During Tuesday's hearing, Kean said he believes that the men should be tried on the conspiracy charges separately.

The state will be calling expert witnesses to testify against the men regarding the conspiracy charges, he said, and that testimony will unfairly influence the jury.

"I have a lot of problems with trying the conspiracy with the other five charges," he said. "I feel that if we did that, it would taint the trial."

He said he is certain he will rule in favor of severing the charges. He will decide either by the next hearing or before the Nov. 3 trial.

Kean on Tuesday also considered a number of pre-trial motions filed by defense attorney David Kenner of California.

Kenner had asked that prosecutors reveal video and documents pertaining to surveillance he said was done by authorities on the Outlaws before the 2006 rally. He said the authorities were aware that the Outlaws were planning an attack and had the evidence in surveillance footage and other documents.

Prosecutor Michael Moore of Huron said that the state does not have such evidence in its possession because state authorities did not perform surveillance on the Outlaws.

Kean agreed Tuesday to look at a rally book kept by the state Division of Criminal Investigation on traffic stops and consider whether the book needs to be revealed to defense attorneys. In that book, officers record information from traffic stops about possible gang affiliation.

Authorities have said they believed Midmore and Wilson shot at the Legion Lake group because they thought they were affiliated with the Outlaws motorcycle gang.

But Kenner is arguing that the Outlaw group had attacked Midmore and Wilson and that Midmore and Wilson shot back in self defense.

The next hearing in the case will be held at the Minnehaha County Courthouse in Sioux Falls.

Contact Ryan Woodard at 394-8412 or ryan.woodard@rapidcityjournal.com