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Jurors in Sioux Falls biker shooting trial get case

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Jurors on Tuesday started deliberating whether two Hells Angels-affiliated bikers tried to kill five rivals in 2006 at Custer State Park or fired at least a dozen shots to save their own lives.

If Chad Wilson, 33, of San Diego, and John Midmore, 35, of Valparaiso, Ind., 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.

The top punishment for each count is 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.

"They thought they would be heroes in the Hells Angels for shooting some Outlaws," Moore said of Wilson, a member of a California Hells Angels chapter, and Midmore, a prospect of a British Columbia group.

"They had their opportunity. They saw it. They took it. And they tried to kill as many people as they could. They should be found guilty."

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 blocked him and Midmore from leaving and the situation erupted, he said.

Law enforcement agents told the Hells Angels in Cody, Wyo., and Sturgis that the Outlaws were doing surveillance on the Hells Angels and planned to bomb them, Kenner said. That and the fact that all Outlaws were required to attend Sturgis instilled fear in Wilson and Midmore, he said.

"This just jumped up. They (Outlaws) couldn't resist. They talked about it at the driveway. The truck came forward," Kenner said of Wilson's F-350 pickup.

When one of the Outlaws dropped his gun, "a series of events happened not because either side planned for this to happen. It happened because of a history between these two clubs, and the Outlaws were there on a mandatory run to let the Hells Angels know they were there."

The crime scene was not preserved, witnesses contradicted each other and it doesn't make sense that Wilson and Midmore would attack the Outlaws with law enforcement officers nearby and no clear escape route, he said.

"This is a case of self-defense. And common sense applied to these facts will lead you to a conclusion this was self-defense," Kenner said.

Moore said the focus of emergency responders after the shooting was saving the lives of the people shot, not on marking the location of all the evidence.

He told jurors their decision boils down to believing Wilson or the 21 people who testified about what they saw and the physical evidence that's consistent with Wilson firing on the Outlaws and one of them returning fire.

"This is a case of common sense, not self-defense," Moore said.

"Midmore drove that pickup slowly forward to the Outlaws. Wilson got out with a gun. Wilson shot five people, mostly in the back. Wilson was not shot. Midmore was not shot. The truck they were in was not shot. And immediately after, the defendants fled."

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