Alternative aggravated assault and simple assault charges have been dismissed against an off-duty police officer who shot a member of the Hells Angels member during the Sturgis motorcycle rally.
Ronald Smith, 43, of Seattle had been facing multiple charges after shooting Joseph Patrick McGuire, 33, in a barrom shooting Aug. 9 at the Loud American Roadhouse in Sturgis.
However, on Monday, Meade County State's attorney said in a news release that further investigation into the shooting indicated Smith "was defending himself from a violent pre-meditated attack and he responded in a manner which was neither excessive nor unreasonable under the circumstances."
Smith had originally been indicted by a Meade County Grand Jury on the assault charges, as well asperjury and a misdemeanor weapons charges.
Meade County State's Attorney Jesse Sondreal previously dismissed the perjury charge after a post-indictment investigation revealed that Smith did not lie about the gun with which he shot McGuire.
Only the weapons charge remains.
Three other members of the Iron Pigs, a motorcycle group to which Smith belonged, also face similar weapons charges, as does a man from Colorado who was at the bar during the shooting.
Meanwhile, McGuire still faces alternative aggravated and simple assault charges, as well as identical weapons charges.
Sondreal has said that the ongoing investigation indicates that Hells Angels members started the scuffle with members of the Iron Pigs, a motorcycle club composed of police officers and firefighters.
Nobody was arrested at the scene, where more than 450 people packed the bar about 1 a.m., when the altercation occurred. Local officers have said they did not immediately know that some of the suspects were off-duty officers.
Those suspected of being involved were allowed to go free. After the indictments, warrants were issued for the six, and Sondreal has said he expected all of them to voluntarily appear in court.
Charged are Smith; McGuire, of Imperial Beach, Calif.; Scott Lazalde, 38, Bellingham, Wash.; Dennis McCoy, 58, Seattle; Erik Pingel, 35, Aurora, Colo.; and James Rector, 44, Ferndale, Wash.
Lazalde and Rector are with the U.S. Customs and Borders Inspection at Blaine, Wash. McCoy is a precinct patrol sergeant in Seattle. They and Smith are members of the Iron Pigs.
Pingel's occupation and motorcycle club affiliation have not been listed by authorities.
Posted in Local on Wednesday, August 26, 2009 11:00 pm | Tags: Journal, Sturgis, Rally, Shooting, Hells_angels
© Copyright 2009, rapidcityjournal.com, 507 Main Street Rapid City, SD | Terms of Service and Privacy Policy