Jurors at the trial of two Hells Angels bikers charged with starting a 2006 gunfight will not hear testimony about an earlier altercation involving one of the men and a gun, a judge ruled Tuesday.
Prosecutors accuse Chad Wilson, 32, of Lynnwood, Wash., and John Midmore, 34, of Valparaiso, Ind., of shooting at Outlaws bikers on Aug. 8, 2006, at Legion Lake Resort in Custer State Park. The Outlaws gathered there for the Sturgis motorcycle rally 70 miles away.
Wilson is a Canadian citizen, and Midmore has dual citizenship in Canada and Australia.
Their trial is scheduled to start Oct. 6. Defense lawyers plan to decide within weeks whether to request the trial be moved from Rapid City.
Wilson and Midmore pleaded not guilty Tuesday to a third superseding indictment that simplifies the charges against them: one count of conspiracy to commit first-degree murder, five counts of attempted first-degree murder and one count of commission of a felony while armed.
Wilson is a member of the Dago Chapter of the Hells Angels motorcycle club in San Diego, and Midmore is a prospect of the Haney Chapter of the Hells Angels in British Columbia, Canada, according to court documents.
The five Outlaws who were shot and wounded are: Thomas Hass, Al Mathews, Danny Neace, Claudia Wables and Susan Evans-Martin. Another woman, Crystal Schuster, suffered injuries unrelated to a gunshot. Their addresses were not included in court documents.
Wilson and Midmore are being held without bond at Pennington County Jail in Rapid City. Their trial has been delayed several times, most recently because of an appeal to the state Supreme Court.
They have also filed a federal complaint that says federal agencies and officials are withholding information that could help their claim they acted in self-defense because rival Outlaws members targeted them.
Retired Judge Gene Paul Kean, who was appointed after the Supreme Court appeal, denied two prosecution requests Tuesday.
Prosecutors wanted jurors to hear about Wilson's March 26, 2006, arrest outside of a night club.
Seattle police officer Camilo DePina testified he was called to a fight outside the club that witnesses said was sparked by Wilson and another Hells Angels member.
DePina said Wilson refused to stand where he was told, then pulled a handgun from his waist, gave it to the other biker and lunged for it twice after the other man obeyed an order to drop the gun.
Another officer used a police Taser on Wilson before DePina shot him.
"I was prepared to fire," he said.
Wilson ultimately pleaded guilty to obstruction of a law enforcement officer and hurts his claim that he was being targeted by the Outlaws in the Custer shootout, according to prosecutor Jeff Banks.
"It refutes that claim of self-defense," Banks said.
But defense lawyer David Kenner argued it was unrelated and should not be included in the trial. "I don't think it's pertinent to what we're doing here," he said.
Kean agreed and denied the motion.
The judge also turned down a prosecution request to prevent motorcycle club colors and insignia during the trial.
Prosecutors had argued that the two biker clubs have been "at war" since the 1980s and have in the past worn gang clothing to intimidate witnesses and jurors.
Kean said that since it hasn't happened in this case and would be difficult to enforce, he couldn't tell people what to wear.
Wilson and Midmore were arrested the evening of the shooting after they told an off-duty park ranger their pickup had broken down and they needed a ride.
Posted in Top-stories on Monday, June 9, 2008 11:00 pm
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