SIOUX FALLS - After saying they couldn't reach a verdict, which drew a request from the judge to keep working, the jury in the trial of two Hells Angels bikers will deliberate into a third day.
Chad Wilson of San Diego and John Midmore of Valparaiso, Ind., are charged with five counts of attempted murder for a 2006 gunfight at Custer State Park involving rival Outlaws bikers.
Jurors deliberated four to five hours Tuesday afternoon before telling Judge Gene Paul Kean they were fatigued.
The judge said considering eight days of testimony and a full day of closing arguments and jury instructions, he would allow them to quit early for the day on Tuesday.
The seven women and five men met again midmorning Wednesday but just before at noon the foreman sent out a note indicating they couldn't reach a unanimous decision.
Lawyers and jurors were called back to the courtroom, as were enough law enforcement officers so there was roughly a one-to-one cop-to-biker ratio in the audience.
Kean reread the instructions, urging jurors to consider the case carefully and honestly, but politely told them they needed to keep at it, though he didn't give a time limit.
"I know you've been working hard and don't discount that at all," he said. But "I'm going to ask you to return to the jury room and continue your deliberations."
Wilson and Midmore mostly watched the judge but did glance at the jurors, a couple of whom were visibly exasperated.
After another roughly four hours, jurors had a question about a piece of evidence, then worked until 6:30 p.m. Wednesday after indicating they still didn't have a verdict.
During jury selection, several people said they were concerned about retribution because the case involved two motorcycle clubs.
If Wilson and Midmore are convicted of one or more of the five counts of attempted first-degree murder against them, they also could be found guilty of commission of a felony while armed.
Each count carries a maximum punishment of 25 years in prison.
In closing arguments, prosecutor Michael Moore said the two men took advantage of an opportunity Aug. 8, 2006, by stopping at Legion Lake Resort near the campground where the Outlaws gathered for the Sturgis motorcycle rally 70 miles away.
The two waited in Wilson's truck, then he got out and opened fire, Moore said.
"They thought they would be heroes in the Hells Angels for shooting some Outlaws," he told jurors.
Thomas Haas, Allen Matthews, Danny Neace, Claudia Wables and Susan Evans-Martin suffered gunshot wounds. Crystal Schuster was injured running from the melee.
Defense lawyer David Kenner told jurors the Outlaws didn't plan an ambush that day.
But when one of the rival club members saw Wilson's Hells Angels tattoos, the Outlaws kept the men from leaving and the situation erupted, largely because Outlaws had been targeting Hells Angels, he said.
"A series of events happened not because either side planned for this to happen. It happened because of a history between these two clubs," Kenner said.
Wilson is a Canadian citizen and Midmore has dual citizenship in Canada and Australia.
Posted in Local on Tuesday, November 18, 2008 11:00 pm | Tags: 11-18-08, Ap, Sturgis Rally, Sturgis Rally Crime, Custer State Park, Biker Shooting, Sioux Falls, Hells Angels, Outlaws, Crime
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