A survey will
likely be taken of 100 random Custer County residents to determine
if the two Hells Angels-affiliated men accused in the August 2006
shooting in Custer State Park can get a fair trial
there.
John James Midmore,
33, of Valparaiso, Ind., and Chad John Wilson, 31, of Lynnwood,
Wash., are set to go to trial in September.
They are accused of
opening fire on a group of people believed to be affiliated with
the Outlaws motorcycle group. The shooting took place Aug. 8 at
Legion Lake Resort in Custer State Park.
Wilson is charged
with five counts of attempted first-degree murder and five
alternate counts of aiding and abetting attempted
murder.
Each count of
attempted first-degree murder has a maximum sentence of 25 years in
prison and a $50,000 fine. Each count of aiding and abetting
carries a maximum sentence of 25 years and a $50,000
fine.
Midmore is also
charged with five counts of aiding or abetting attempted
first-degree murder and five alternate counts of committing a
felony with a firearm, which has a maximum sentence of 25 years in
prison and a $50,000 fine.
Both are charged
with one count of conspiracy to commit murder, which has a
mandatory sentence of life in prison upon conviction.
If it is determined
that the Custer County jury pool is contaminated or knows too much
about the case and likely has formed an opinion, the trial can be
moved to Rapid City or Sioux Falls.
Also at Tuesday's
hearing before 7th Circuit Judge Jack Delaney, prosecutors read
additions to Midmore and Wilson's indictment that indicate the
basis for the conspiracy charge.
Beadle County
State's Attorney Michael Moore, who is assisting Custer County
State's Attorney Tracy Kelley in prosecuting the case, said state
law requires overt actions to be included in an indictment for a
conspiracy charge.
Those overt actions
do not have to be listed in the indictment when the defendant is
initially charged.
Moore said
prosecutors will often wait until they know a case better before
adding them.
Kelley read the
indictment, which listed indicators of conspiracy including that
Midmore and Wilson had weapons in the pickup they were driving and
they threw a 40-caliber gun from the pickup after the shooting.
They then abandoned the pickup.
Another factor is
that Midmore and Wilson allegedly saw the Outlaws at a South Dakota
Highway Patrol traffic stop and then drove down the road to wait
for them to be released from the stop.
Delaney also ruled
that the court will hire a weapons expert to be present while
attorneys' experts test a gun clip seized from the crime scene as
evidence.
Midmore and
Wilson's attorneys also asked that Delaney refer to the Hells
Angels as a motorcycle "club," not a motorcycle "gang" because they
said the latter is inaccurate.
Midmore and Wilson
remain in custody at the Pennington County Jail on no
bond.
Contact Katie Brown
at 394-8318 or katie.brown@rapidcityjournal.com
