COVERED in tattoos and hurling bricks at the media after the shooting of his 11-year-old son, bikie Mark Sandery symbolised public fears about outlaw motorcycle gangs.

Mark Sandery. Source: Supplied

Even if his anger at the reckless attack last weekend at Semaphore was understandable, Sandery's violent reaction was frightening.

It had all the hallmarks of the anti-social bikie gang member.

While the Finks were quick to deny that Sandery was a member, that the shooting had anything to do with bikies, or that they had put a bounty on those responsible, the incident highlighted how the gangs have survived State Government's vows to wipe them out.

The Government is now working up a second attempt to smash bikies after the High Court ruled core elements of its controversial anti-association laws invalid.

Attorney-General John Rau will introduce revised legislation.

However, gang insiders and the state's legal fraternity claim the war on bikies has been counter-productive and drawn bikies together against a common enemy - the Government.

Hours after November's ruling Finks, Gypsy Jokers and Descendants shared drinks and stories at Gouger St's Talbot Hotel in a remarkable and rare display of unity.

For years, the cosmopolitan strip had hosted gang battles, including a 2008 shootout where dozens of bystanders had to dive for cover.

The new Serious and Organised Crime laws again target the gangs at the institutional level. It concedes traditional laws have failed to wipe out extortion, drug trafficking, assault and arms dealing, which police say are rife in the clubs.

Instead it tries to prevent the gangs from existing at all, declaring them outlaw.

The new legislation hopes to overcome the High Court's objections, which were based on the fact the Attorney-General effectively instructed the court to make the declaration.

This time it shifts the power to declare gangs to be criminal outfits from the politicians to the Supreme Court.

It will be broad enough to apply to groups including the New Boys and Gang of 49. It retains several controversial elements including the lack of ability for a defendant to sight or challenge secret evidence against them gathered by police.

It also shifts much of the onus of proof onto the defendant, rather than their accuser.

Mr Rau has expressed discomfort with curtailing long-established legal rights, but says it is a necessary evil in fighting a greater one.

"We are still shocked by violent crimes and many people do not feel as safe as they should," he said. "This means more has to be done. Organised criminal groups are responsible for much of serious community crime.

"Although random acts of violence can never be entirely eliminated, organised criminal activity can be and must be hit hard."

But a senior bikie told The Advertiser that prominence given to the war on gangs had boosted membership and enticed many disenfranchised young men with an even harder edge than the older generation. Those "rebellious" men sometimes operated outside the accepted bikie club culture which made them unpredictable and difficult to control.

"A mate said to me that if the cops just left us alone we would have just about died out and gone away by now," the source said.

Sandery publicly quit the Finks, but under the new laws he could struggle to prove that before a court. The retrospective nature of them means past activity can be used as evidence for issuing a control order and having one removed would be difficult.

A clause in the new laws also means anyone wearing gang colours or tattoos at the time of an offence "will be presumed to be participating in the criminal organisation".

Law Society SA President Ralph Bonig said the new Serious and Organised Crime laws were legally cleaner than those which came before, but more objectionable in principle.

"In terms of an overall general invasion of people's rights and rights of association, it goes much further than the first round," he said.

"The breadth of the powers could capture people who have never been engaged in serious criminal activity, because they're in a gang or may have had minor criminal activity."

He flagged new challenges from gang members seeking to have the laws struck down on civil libertarian or human rights grounds.

"The question is: Is this about tackling serious and organised crime or is this about giving law enforcement agencies extensive powers to curtail and to limit people's general rights?" Mr Bonig said. "I would say it's about the latter and it should be about the former."

Hell's Angels biker gangs shut down in Frankfurt

 

Hell's Angels motorbike gangs have been outlawed from the German city of Frankfurt. State authorities banned the bikers after accusing of them of criminal activity and seizing control of the streets.   State authorities have banned the Hell's Angels motorbike gangs in Frankfurt, on the grounds that they were engaged in criminal activity. Boris Rhein, interior minister for the state of Hesse, accused the gangs of running drug and prosecution rackets through which they had seized control of the streets. "This is a clear signal that we won't allow a state within the state," said Rhein, adding that the gangs were disciplined by a vow of silence. All assets of the outlawed Westend and Frankfurt chapters of the Hell's Angels were seized under the ban. Each chapter is believed that have around 90 members. Two other Hell's Angels groups were banned in other parts of Germany in June and last year, although gangs in the rest of Germany remain legal.

Manchester gang shooting earns veteran a 10-20 year prison sentence

 

prospective member of an outlaw motorcycle gang has received a rare maximum sentence for assault, following the shooting of a teen following a gang melee at a pizza joint last year. Kristofer Haken, 32, formerly of Londonderry, was sentenced to 10-20 years in prison by Hillsborough County Superior Court Judge Gillian Abramson on Wednesday. Haken had pleaded guilty to second-degree assault for shooting a high school student during a gang turf war at Luigi’s Pizza Bar and Grill, according to Hillsborough County Attorney Dennis Hogan. Police were called to the restaurant at 712 Valley Street around 8:30 p.m. on April 16, 2010 following what Hogan described as a “tense confrontation.” Members of two motorcycle gangs, the Hell’s Angels and the Outlaws, began fighting in the parking lot and the bar’s owner, Petros Kostakis, fired several rounds from a handgun into the air to try and break up the melee, Hogan said. Shortly after that, Haken, who was a prospective member of one of the motorcycle groups, went into his girlfriend, Alica Cote’s, vehicle and retrieved a .20 gauge shotgun, got into the passenger seat and fired the gun out the window as Cote drove away, Hogan said. The blast was toward three high school boys, who were completely unconnected to the gangs, and hit one of them in the hand and leg causing serious injuries, Hogan said. At the sentencing hearing on Wednesday, Haken’s lawyers presented evidence that he suffered from post traumatic stress disorder after serving in the military in Afghanistan and Iraq, Hogan said. But Manchester Police Chief David Mara testified at the hearing – also a relatively rare occurrence – that a long sentence would send a message that Manchester will not tolerate gang violence, Hogan said. In the end, Abramson sentenced Haken to the maximum sentence for the felony assault charge, suspending 21⁄2 of the minimum term, Hogan said.

Motorcycle gangs extending reach in Alberta

 

Seven years ago, Shannon Trottier was left with a gaping hole in her life when she watched her 34-year-old son die in her arms. Joey Campbell, also known as Joey Morin, was rushed to hospital after he was sprayed with bullets outside a west-end strip club, but his injuries were too severe to overcome. A second man, Robert Simpson, died at the scene from multiple gunshot wounds. Both men were affiliated with outlaw motorcycle gangs — at that time the Bandidos — and the killer has yet to be brought to justice. The shooting marks the last time any significant violence among bikers erupted onto city streets and police are holding their breath it will stay that way given the province’s changing biker club scene. According to Sgt. Marc Labonte of the Edmonton Integrated Intelligence Unit for the RCMP, during the last two years Alberta has seen one of the largest increases in outlaw motorcycle gangs across the country. Labonte wouldn’t name the specific clubs that have set up shop in the province, but said there are now four main clubs referred to as “one-percenters” — a term given to outlaw motorcycle clubs that aren’t always just out for a good time — as opposed to one main group with four chapters. Two new one-percenters showed up in the last year, and each one has one to three chapters. In addition, police have identified at least eight “puppet” clubs or associate clubs, which consists of members aspiring to become part of the main clubs, so they conduct certain business to prove themselves worthy. In early 2009, Labonte said there were maybe two or three associate clubs in the province. The bikers are also spreading their wings. Two or three years ago, Labonte said the one-percenters were limited to Edmonton and Calgary, but they have since spread to cities throughout the province, and it’s largely attributed to the booming economy. “The economy was good, so there was money. Where there’s money, there is always a criminality,” said Labonte. Police are closely keeping tabs on the most recent outlaw motorcycle clubs to arrive in the province. But Labonte isn’t expecting an all-out turf war to erupt any time soon — like the one going on between the Hells Angels and Rock Machine in Winnipeg, which experienced a series of firebombings and shootings, including one that put a 14-year-old boy in hospital with gunshot wounds. In the past, some of the biker gangs in Alberta have been responsible for homicides, home invasions, drugs, prostitution, money laundering and extortion. Labonte said there has been an increase in criminality among the clubs in recent years — the most notable were home invasions where “somebody didn’t pay up.” But often crimes such as this go undetected, making it difficult for law enforcement to get involved. “The victim, who’s a criminal usually, will not report it to police because they know what these guys can do,” said Labonte, who noted biker gangs try to keep violence from spilling onto the street. “They don’t want to make a big scene. They will be very low profile because they don’t want the public against them. They are like a business. They don’t want to be known as bad guys.” Although police aren’t concerned there will be an all-out turf war in Alberta, Mounties are cognizant things could change since many of the clubs are connected regionally and nationally. In 2004, Criminal Intelligence Service Canada listed the Hell's Angels as the largest and most powerful outlaw motorcycle gang in Canada, with approximately 500 members belonging to 34 chapters across the country, in which at least three were in Alberta. The following year, the director of the Criminal Intelligence Service of Alberta told the Sun the Hells Angels wouldn’t allow any competitors to set up shop in Alberta. But police believe the momentum has changed since then. Labonte noted there are about five or six one-percenters in the U.S. Alberta now has four of them — and they seem to be talking and negotiating with each other. Police have heard of instances where one group has stolen another group’s patch, which sends a message you are not allowed to be here. So far the bikers seem to be using the gesture as a way to start talking to one another and lay grounds for respect, said Labonte. Whether those talks are peaceful remains to be seen. “It’s always troublesome. It happened in Edmonton and a small rural community, so now we have to be careful because that could escalate,” said Labonte. “Some of them are into criminality. It doesn’t mean they are all into criminality.”

Police find body in Perth motel car park

 

POLICE have found the body of a missing man wrapped in plastic in the back of a four-wheel drive vehicle in Perth, nearly two weeks after he went missing. The body of 38-year-old Mite Naumovski, a convicted drug trafficker, was found early yesterday afternoon in the car park at the Great Eastern Motor Lodge in Rivervale, in Perth's inner east. Police had been seeking the father of one since he failed to return after telling his family he was going for a motorbike ride. Police said several people had been taken into custody and were being questioned by Major Crime Squad detectives. Mr Naumovski's body was found at the same motor lodge where the body of Perth concrete firm owner Peter Davis was found earlier this year, also in the back of a car and wrapped in plastic. A man has been charged over the Mr Davis' death but police were making no connection between the deaths yesterday.

WHOEVER shot the son of Mark Sandery broke "the paramount rule" of outlaw bikies, sources close to the gangs have warned.

 Two men broke into this Semaphore house, smashed windows and shot the son of Finks club member Mark Sandery. Source: Sunday Mail (SA) 

 A Finks member, right, who was at this Semaphore house where the son, 11, of notorious Fink Mark Sandery was shot on Friday night. Picture: Digitally enhanced imageSource: AdelaideNow 

 

The Advertiser  has been told the shooting of the boy, 11, goes against the core values of bikies.

"When it comes to dealing with rivals, there are no hard and fast rules except for two," a source said yesterday.

"You try not to do it in public, and the paramount rule is that you never, ever hurt the wife or the kids.

"To a lot of the guys, their children mean everything ... that's why you just don't do it."

Sandery was a member of the Finks Outlaw Motorcycle Club, but there are conflicting reports on whether he remains a member.

His son was injured when two male intruders burst into a home on Military Rd, Semaphore, on Friday night.

Hells Angels leader to be extradited to Calif.

 

The former head of the San Diego Hells Angels who was arrested at a Honolulu park will be extradited to California by the end of the month. The Honolulu Star-Advertiser (http://bit.ly/nIOtLP) reports a judge here approved the order Monday to extradite 42-year-old Stephen Sanders to face charges of kidnapping, robbing and torturing a fellow gang member in San Diego. Until he's returned to San Diego by Nov. 1, he'll be held without bail at Oahu Community Correctional Center. FBI agents and Honolulu police took Sanders into custody without incident at Ala Moana Park last week.

Alleged hit-run death case on hold until next year

 

trial over an alleged hit-and-run death of a man in the rural area of Darwin has been put off until March next year. Hells Angels member Nicholas Frank "Shonky" Cassidy has been charged with causing the death of Levi Griffiths, whose body was found on the side of the Stuart Highway at Coolalinga last month. It is alleged he was hit by a utility and that his body was moved. Darwin Magistrates Court heard today that more than 100 witnesses will be called in the case. The court was told that all of the prosecution's forensic evidence has not been handed in yet. Cassidy's bail was continued.

OUTLAW bikies are believed to have put a $500,000 price on the heads of gang members who allegedly shot the son of a former Finks member.

Former Finks Bikie gang member Mark Sandery outside the Adelaide Magistrates Court.

South Australian police are aware of the offer, which leaves them in no doubt club members want to handle reprisals for the shooting of the 11-year-old without their intervention.

Mark Sandery's son was shot twice in the leg after armed intruders forced their way into a Semaphore house on Friday night. Police have received no co-operation from witnesses.

A source told Melbourne's Herald Sun: "The Finks are offering $500,000 to bring this bloke into any clubhouse in Australia. Every crook in Australia knows about it."

The Advertiser understands the Women's and Children's Hospital, where the boy is recovering, remains on high security alert, with some staff said to be terrified there could be further outbreaks of violence.

Twenty-Six members of the Hells Angels motorcycle gang gathered in a federal courtroom Monday

 

 

Twenty-Six members of the Hells Angels motorcycle gang gathered in a federal courtroom Monday, but only one of the arrested individuals received a hearing.

Martin Thomas Forschner, an alleged member of the gang, was one of the 26 arrested Thursday..

Evidence from a wiretap was brought forth in his hearing, which the prosecutor said showed him involved in a meth delivery at another defendant’s house. Forschner had served time in jail, and also had several instances where he failed to appear in court.

However his attorney said that in the past five years since his release, he has behaved well, taking care of his wife and mother-and-law and working at an automotive repair shop. Still, with his record, the magistrate said that he still posed a risk of flight. He was ordered detained.

Eleven others were given stipulated custody without bail at the hearing. The remaining suspects were delayed, and may be heard Thursday instead. One attorney told the family of a defendant that he would be asking for a later hearing, as the judge was in a “deny, deny, deny” mood.

Police and FBI officials are still on the lookout for four fugitives who evaded arrest.

Former Hells Angels leader to be extradited to California

 

former president of the San Diego Hells Angels will be extradited to California before the end of the month to face charges of kidnapping, robbing and torturing a fellow gang member in San Diego. Stephen Sanders, 42, surrendered Thursday night to federal and local authorities at Ala Moana Beach Park. He will be held without bail at Oahu Community Correctional Center until he is returned to San Diego before Nov. 1. Circuit Judge Steve Alm approved the extradition order this afternoon. Sanders was one of four men wanted in the 2007 incident, according to the San Diego Union-Tribune. The four men are accused of kidnapping, torturing, assaulting and robbing a man who informed the club that he no longer wanted to be a member . He faces charges of aggravated mayhem, kidnapping for ransom, robbery and torture. The man was beaten, and his Hells Angels tattoos, which ran up three sides of his neck and both arms, were tattooed over. The assailants forced him to sign over the title to his motorcycle, the newspaper reported.

Rival accused of killing Hells Angel boss in Nev

 

motorcycle gang member shot a chapter president of the rival Hells Angels four times in the back before fleeing a Nevada casino where a shootout occurred last weekend, police said in court records unsealed Thursday. Suspect Ernesto Manuel Gonzalez, 53, of San Jose, Calif., was named in a police affidavit as a member of the Vagos gang who killed 51-year-old Jeffery "Jethro" Pettigrew on Friday at John Ascuaga's Nugget in Sparks. Pettigrew was president of the San Jose chapter of the Hells Angels. Security video shows Gonzalez approaching Pettigrew with a gun near a dance floor before casino patrons appeared to react to gunfire, Sparks police Detective John Patton said in the affidavit. Pettigrew fell to the floor before Gonzalez put the gun in his waistband and fled, the affidavit said. A search later turned up seven .40 caliber casings about 15 feet from the spot where Pettigrew was shot from behind, Patton said. Police earlier said Pettigrew had died from gunshot and stab wounds. The whereabouts of Gonzalez was unknown. Washoe County District Attorney Richard Gammick believes the Hells Angels are looking for him, too. Gammick declined to provide any more information about the suspect but said he may not survive to stand trial in Reno if rival gang members find him before law officers. "Think about it," Gammick told The Associated Press. "You shoot the Hells Angels president four times in the back ... What do you think is going to happen if the Hells Angels get their hands on him?" Two Vagos members were wounded in the shootout and a third was shot in the stomach the next day by a gunman in a passing car a few blocks from the Nugget and the town square where the 18th annual Street Vibrations motorcycle festival was held on Friday and Saturday. The mayor of Sparks canceled the event Saturday night and declared a state of emergency amid fears of more gang violence. Police arrested Cesar Villagrana, 36, of Gilroy, Calif., who they said is a Hells Angels member who was with Pettigrew when he was shot. Villagrana did not enter a plea at his arraignment Thursday in Sparks Justice Court on three felony charges of assault with a deadly weapon, carrying a concealed weapon illegally and discharging a firearm within a structure. His lawyer, Richard Schonfeld, declined comment on the case but called his client a good family man with no prior felonies who was caring for his ill mother and stepfather. Judge Susan Deriso set a hearing for Oct. 5 to allow Schonfeld to argue for a reduction of his client's $500,000 cash-only bail. A preliminary hearing was set for Oct. 12.

Hell's Angels biker gangs shut down in Frankfurt

 

Displaying the Hell's Angels badges is now an offense

Hell's Angels motorbike gangs have been outlawed from the German city of Frankfurt. State authorities banned the bikers after accusing of them of criminal activity and seizing control of the streets.

 

 

State authorities have banned the Hell's Angels motorbike gangs in Frankfurt, on the grounds that they were engaged in criminal activity.

Boris Rhein, interior minister for the state of Hesse, accused the gangs of running drug and prosecution rackets through which they had seized control of the streets.

"This is a clear signal that we won't allow a state within the state," said Rhein, adding that the gangs were disciplined by a vow of silence.

All assets of the outlawed Westend and Frankfurt chapters of the Hell's Angels were seized under the ban. Each chapter is believed that have around 90 members.

Two other Hell's Angels groups were banned in other parts of Germany in June and last year, although gangs in the rest of Germany remain legal.

Jury retires to consider bikie brawl verdict

 

The jury in the trial of seven men charged over a fatal bikie brawl at Sydney Airport has retired to consider its verdict. Hells Angels associate Anthony Zervas died after being bashed and stabbed during a fight between rival bikie clubs at the airport domestic terminal in March 2009. Six Comancheros stood trial for his murder, while a Hells Angels member stood trial for riot and affray. After a four-month trial that heard evidence from airport staff and passengers, Justice Robert Hulme summed up the Crown and defence cases. He directed the jurors to reach a unanimous verdict. The judge told them to be fearless and impartial in reaching it and to make their own assessment of CCTV footage and witnesses. The jurors retired this afternoon and will continue their deliberations in the morning.

Prosecutors demand tough sentences in Hell's Angels drug case

 

Prosecutors are demanding long prison sentences for those suspected of involvement in an international drug smuggling case. The proceedings got underway on Thursday at the Helsinki District Court. Nine defendants, all of whom belong to the Hell’s Angels motorcycle gang face a variety of charges. Eight are accused of aggravated narcotic offences. Other offences include drug offences, money laundering, and the importation of illegal goods and firearms offences. One of the accused is a member of the Rogues Gallery group while two others belong to the 1-800 gang. The proceedings are taking place in a secured court room. Prosecutors are demanding jail terms for the accused and financial compensation to the state for losses incurred. In one case, a 12 year prison term is being demanded. It is thought one of the accused is the president of the Hell’s Angels Finnish organization. The gang is suspected to have made millions of euros on drug trafficking over a period of several years. Earlier this month, police confiscated several kilos of amphetamines and cocaine with a potential street value of 800,000 euros. Officials also seized illegal weapons and 200,000 euros in cash.

Police say they have dismantled one branch of the Hells Angels bike gang in eastern Ontario after a series of raids.

 

In a news conference Thursday morning, Ottawa police, Ontario Provincial Police and the RCMP announced they had worked together in a yearlong investigation called "Project Finale."

Police towed away this Hells Angels motorcycle from a clubhouse Wednesday after a raid also found drugs, weapons and Hells Angels paraphernalia. Ottawa police

The culmination of that work ended up in all three tactical units executing 16 search warrants, including one at the Hells Angels clubhouse at 5416 8 Line Rd. in south Ottawa.

Police were seen taking away a Harley Davidson motorcycle and revealed they also confiscated illegal drugs, cash and weapons.

There were 107 charges laid against 12 people including a 37-year-old Ottawa man police say is a full patch member of the Hells Angels. He faces five charges.

"It's going to have a major dent in the Ottawa region and eastern Ontario region. The numbers seized yesterday, we're very pleased with the numbers," said Insp. Samir Bhatnagar from Ottawa police.

"This group is known to potentially move $300,000 to $400,000 a month of illegal substances."

Family and friends mourn local Hells Angel president

 

Police are preparing for hundreds, perhaps thousands of bikers expected to ride into Oak Hill Memorial Park in San Jose sometime next month to honor the memory of Jeff "Jethro" Pettigrew, the president of the city's Hells Angels chapter who was shot to death in a gun battle at a Sparks casino. There will be Henchmen, East Side Riders Car Club, Devil Dolls, Top Hatters and more. Alongside them, also paying their respects, will be members of the South Yard Heavy Equipment Crew. That is not a motorcycle club. It is the San Jose Department of Transportation's pavement repair team. They knew Pettigrew from his day job. To them, he was not the local president of a biker club that law enforcement sees as a violent criminal motorcycle gang. He was as a veteran backhoe operator who paved potholes. Hans Larsen, director of the city's Department of Transportation, said he was not even aware that Pettigrew was a Hells Angel. Nor did he care. "We have many employees who are motorcycle enthusiasts. What they do in their private lives doesn't concern us as long as it doesn't affect their work,'' Hansen said. "From what I am hearing he was a nice person with a good attitude, very professional in his work and he did it well.'' Funeral arrangements are still being made. And Pettigrew's shooting death Friday night at John Ascuaga's Nugget Casino, which has law enforcement on high alert for a brewing bloodshed between outlaw Advertisement motorcycle clubs, is still under investigation.

Danish court jails 15 motorbike gang members for murder attempts on rivals

 

Danish court has sentenced 15 motorbike gang members to jail for six murder attempts on rival gang members. The court said Thursday the bikers would spend from three to 15 years in prison, following the country’s biggest biker-related trial. Loading... Comments Weigh InCorrections? Copenhagen’s city court ruled earlier this month that members of the Hells Angels and their support group, AK81, were guilty of a series of shootings in the Danish capital in 2009. No one was killed but one victim had his leg amputated. The gangs have been feuding over control of criminal markets, including drug trade.

State of emergency lifted in Sparks

 

The city of Sparks ended its state of emergency at 5 p.m. today that was declared in the city on Saturday due to the potential of further violence stemming from shootings between rival motorcycle clubs Friday night.. No further violence has occurred from these incidents. "We will not allow, nor will we tolerate violent behavior by any groups or individuals in the City of Sparks." said Sparks Mayor R. Geno Martini. "The special event held in Sparks was intended for motorcycle enthusiasts and attracts thousands of people annually, including families with children. "The safety and security of event attendees in Sparks is a priority," Martini said. "The individuals who engaged in the violence do not in any way reflect the majority of the event attendees. "We appreciate the understanding of our residents and businesses throughout the last 24 hours. We want to thank our regional partners, the city of Reno and Washoe County for their support and resources during this time. We also send our appreciation to Governor Sandoval for his willingness to support our efforts." 11:45 a.m., update: Sparks Police continue to investigate the deadly shooting that took place between rival motorcycle gangs inside John Ascuaga’s Nugget on Friday night and they are seeking people who witnessed the incident. “There is no additional information to be released, however, witness are encouraged to contact the Sparks Police Department or Secret Witness,” police officials said in a statement. In addition, police are also continuing to investigate the drive-by shooting that took place Saturday morning on Victorian Avenue and seeking witnesses in that case as well. The suspect vehicle description in the shooting is a black, 4-door BMW 3-series sedan occupied by two people.

Eight Coloradans among alleged outlaw bikers indicted on gun and drug charges.

 

Eight alleged outlaw bikers from Colorado are among the nearly 40 members of the Bandidos motorcycle gang indicted this week on gun and drug charges. Six alleged members were identified Tuesday, including Keith P. Allison, 39, arrested in Golden; Ronald C. Tenorio, 42, and Edward R. Goll, 42, both arrested in Denver; and Adam C. Chavez, 29, arrested in Thornton. Tommy Freyta, 49, was arrested in Rio Grande County. Joseph P. Windsor, 42, was already in jail. Two others, who were not named, were still at large.

Attorney for alleged Hells Angels member seeks personnel records of sheriff, sergeant

 

attorney for a Sonoma County man charged in connection with a June fight between rival motorcycle gang members is seeking access to the personnel records of Lake County's sheriff and other agency staffers, alleging political motivations in the case's handling. Oakland attorney Michael Clough filed the Pitchess motion for the personnel records of Sheriff Frank Rivero and Sgt. John Gregore, lead investigator in the case, on Sept. 12. Clough represents 33-year-old Nicolas Carrillo of Santa Rosa, arrested in August for a June 4 fight at Konocti Vista Casino outside of Lakeport. The Sept. 12 filing leaves open the possibility of other sheriff's staffers being added to the list of individuals whose records Clough wants to access. “It's possible that we will file additional Pitchess motions as we get additional discovery,” said Clough. “We anticipate that there's going to be a substantial amount of discovery and motions in the case.” Clough's Pitchess motion is scheduled to be heard on Oct. 17 in Lake County Superior Court. County Counsel Anita Grant, whose office represents the sheriff's office in the matter, said the county will fight the attempt to delve into the men's records. Carrillo – along with fellow Sonoma County residents Timothy Bianchi, Joshua Johnson and David Dabbs – is alleged to be Hells Angels members who participated in the beating of a member of the rival Vagos motorcycle gang, according to the original sheriff's report in the case. In the wake of his arrest for the Lake County case, Josh Johnson was just recently arrested by the FBI, according to Peter Lee of the FBI's San Francisco office. However, Lee could not offer Lake County News further information about the arrest. The District Attorney's Office previously reported that charges against Carrillo include felony participation in a criminal street gang, misdemeanor fighting in public, misdemeanor battery and several special allegations relating to the infliction of great bodily injury and the participation in a criminal street gang. Clough wants information about any complaints filed against Rivero alleging violations of civil and constitutional rights, selective enforcement or prosecution and bias against the Hells Angels, as well as any evidence of “providing or authorizing subordinate officers to release false and/or misleading information about pending investigations to the media” as well as “use of office to conduct politically motivated investigations.” He's seeking similar information for Gregore, as well as evidence of mishandling or failing to disclose evidence, submitting unreasonable requests for excessive bail, preparation of false or incomplete reports, and false or perjured testimony. Other information of interest to Clough is anything that would support allegations that the Lake County Sheriff's Office, the Sonoma County Sheriff's Office and the FBI selectively targeted members of the Sonoma County Hells Angels chapter for investigation and prosecution, and if there was a conspiracy to violate the chapter members' civil rights. The goal is to find information favorable to Carrillo's defense that would impeach the testimony of prosecution witnesses at trial, according to the document. Pitchess motions are based on a 1974 California Supreme Court case, Pitchess v. Superior Court, and have since been included in the California Evidence Code. A Pitchess motion is based on the theory that a defendant in a criminal case should have any information that could help their defense, including information about potential misconduct in an arresting officer's personnel files. The right of a defendant to have that information is balanced against a peace officer's rights to maintain the privacy of his or her personnel file. California law has firm protections to guard peace officers in such cases. Grant, whose office has received the motion, said they will respond as the county always does in such cases. The county always and “without exception” responds to Pitchess motions, Grant said, due to concerns that are described in case law as “fishing expeditions.” The legal definition of a “fishing expedition” describes open-ended attempts to get information, and overly broad, unfocused questioning that is not within the case's scope. The county has fought previous attempts to open peace officer records, including one lodged in 2009 during the trial of Bismarck Dinius, who was acquitted in a fatal boating crash. Dinius was steering a sailboat hit in 2006 by a motorboat driven by an off-duty sheriff's deputy, Russell Perdock. Dinius' attorney sought Perdock's records through a Pitchess motion, which both county counsel and Perdock's attorney successfully fought. Carrillo's case is continuing to move forward, with a preliminary hearing still to take place. Bail in Carrillo's case was set at $500,000, which Clough had argued in court filings was excessive. He asked to have it reduced to $75,000. Clough said in his motion that Carrillo has never been charged with a violent criminal offense before this case, and his only conviction on record is for driving on a suspended license. Clough argued that it appeared that Carrillo's Hells Angels membership led to the high bail, and if that's the case it violates Carrillo's constitutional right to freedom of expression and equal protection. The filings in the case also reference a May 14 event during which the Vagos visited Lakeport. That same day, county law enforcement received information from an FBI agent claiming that a group of Hells Angels members were en route to the county to confront the Vagos. Rivero sent a group of deputies to the Middletown area in case the Hells Angels appeared. It's alleged that he was planning to turn the Hells Angels back if they arrived, which Rivero has denied, stating instead in an investigative report that he planned to put in place a roadblock in order to engage in contact with the bikers. Possible civil rights violations in the case remain under investigation by the Lake County District Attorney's Office. Rivero has continued to voice concern over the rival gangs and their activities, sending an e-mail to local media and county leaders over the weekend referencing a news story about a fight and shootout between the two groups that claimed the life of a California Hells Angels leaders in a casino in Las Vegas, Nev., on Sept. 23. A subsequent e-mail from Rivero informed county leaders that there is a statewide law enforcement alert from the US Marshals Service on possible retaliatory actions because of the gang shooting.

Shootout erupted without warning

 

While Sparks police continued their investigation into Friday's fatal shooting between rival motorcycle gangs inside John Ascuaga's Nugget, Washoe County's counterterrorism unit said it had no intelligence indicating a shootout was about to take place that night. Killed in Friday's incident was Jeffrey "Jethro" Pettigrew, 51, president of the San Jose, Calif., chapter of the Hells Angels and a heavy equipment operator for the city of San Jose. Two members of the Vagos, Leonard Ramirez, 45, and Diego Garcia, 28, were wounded in the gunfire Friday night. The only man arrested immediately after the shooting -- Cesar Villagrana, 36, a Hells Angel member from California -- was being held Monday on $500,000 bail at Washoe County Jail. He faces a court appearance on felony assault with a deadly weapon and possession of a stolen firearm charges. It was not immediately clear if Villagrana had a lawyer. Also on Monday, police identified Shane Smith, 40, a member of the Vagos motorcycle gang, as the victim of a Saturday morning drive-by shooting. Sparks police said a dark blue BMW 3 series pulled up beside Smith and shot him in the stomach as he was walking on Victorian Avenue, near the Nugget. His condition was not released. Police said the two shootings have not been definitively linked, though both prompted Sparks officials to declare a state of emergency before canceling the remainder of the annual Street Vibrations rally, which attracts thousands of motorcycle enthusiasts to the region. A state of emergency gives a city the power to enforce a curfew, use private property to stage emergency responses and call on the state for additional resources, such as the Nevada National Guard, which Sparks did not do. The declaration lasted 24 hours starting at 5 p.m. Saturday. Video shows crowd seeking cover Deputy Sparks Police Chief Brian Allen said Monday that casino surveillance video won't be made public until investigators complete the painstaking work of identifying about 60 Vagos and 12 Hells Angels amid a crowd of several hundred people gambling and partying. Members of the crowd suddenly dove for cover when gunfire erupted. "We don't want to sensationalize it. We don't want to influence the groups. We don't want to have something happen somewhere else," Allen said in an interview. "A lot of the players are from out of the state and out of the region. If you look at it historically, there've been tensions between these two groups. But we're still looking at what exactly set off this specific incident." In Arizona, more than two dozen members of the rival groups were arrested in August 2010 after a shootout left five people wounded in Chino Valley, north of Prescott. In California, an annual organized crime report from the state attorney general calls long-standing tensions between the Hells Angels and the Vagos "particularly poignant." It cited instances in which the Hells Angels have forced Vagos out of chapters in Hells Angels hotspots. It's not the first time a motorcycle rally has turned deadly in Nevada. According to a 2002 story in the Las Vegas Review-Journal, court documents and gaming officials showed Southern Nevada law enforcement had intelligence that a fight was about to break out between the Hells Angels and Mongols motorcycle gangs during the River Run motorcycle rally in Laughlin that year. Police warned casino operators, according to the story, about the potential for violence before the event turned fatal when a shootout ensued inside the Harrah's Laughlin casino, leaving three bikers dead. Law enforcement officials in Northern Nevada, meanwhile, said no such information existed ahead of Friday's violence that would have alerted them of a melee about to erupt between the Hells Angels and Vagos gangs.

40 biker gang members, associates arrested

 

40 members and associates of the Bandido Outlaw Motorcycle Gang have been arrested on a variety of federal drug and weapons charges. A Justice Department statement issued Tuesday says that 28 of those arrested were charged in Dallas with conspiracy to possess and distribute heroin, methamphetamine and cocaine. One also was charged with possessing a machine gun. All were arrested Monday and Tuesday in the Dallas area but one, who was arrested Tuesday in San Francisco. Eight others were charged in Denver with conspiracy and possessing meth and cocaine. Six were arrested in the Denver area. One was already in state custody, and another remains on the loose. Three were arrested on assorted drug charges in San Antonio.

GROWING outlaw bikie clubs own sub-machineguns, traffic in illicit drugs and use counter-surveillance equipment.

Guns seized by police in raids on properties owned by outlaw motorcycle club members. Source: Supplied

Victoria Police have seized more than 50 weapons and drugs and cash during more than 52 raids on properties since February.

Alarmingly, a mini sub-machinegun, a pistol with a silencer, assault rifles, Tasers and ballistic vests are among the items seized.

Police have also revealed there have been several shootings involving patched bikie gang members, including that of Fink enforcer Mick MacPherson several months ago.

But intelligence suggests there is no emerging war about to erupt between clubs.

Detective Superintendent Doug Fryer said the number of guns the Echo Taskforce had unearthed was "disturbing".

He said police were serious about making a dent in "1 per cent" bikie gangs (so named because they're among 1 per cent of society said to be outlaws).

"The issue and concern for us is the amount of firearms we've seized in the last six months is really disturbing," Supt Fryer said.

"Every time we're turning a rock over we seem to be finding either firearms, drugs or other criminality.

"There certainly have been some shootings in the last six months, that have gone relatively unreported, of bikies.

"We would surmise that invariably these firearms that we've seized have been predominantly for self-protection.

"Our intelligence suggests that we've got around 24 outlaw motorcycle gangs in Victoria, comprising 26 chapters.

"Police make no apologies for our desire to prevent ... the unlawful activities of (the gangs)."

Offences committed by the gangs have ranged from social nuisance breaches to international organised crime linking with sophisticated syndicates.

Although not all "patched" members of "1 per cent" bikie gangs were involved in crime, pockets of members comprised a criminal element, Supt Fryer said.

Assets could be seized from club members if they were found to be proceeds of crime.

He said that internal fighting within chapters and feuds with other clubs and crime syndicates presented a risk to public safety.

There were agreements between clubs in Victoria, but the gangs were a threat to other organised crime groups, he said.

The State Government is working towards developing laws to combat outlaw bikie gangs.

Hells Angels' president killed in Sparks shooting

 

Police confirm the president of the San Jose chapter of the Hell's Angels, Jeffrey Pettigrew died while two Vagos club members are being treated for their injuries. Sparks Police say a group of members from the Hell's Angels and Vagos motorcycle clubs got into a fight near the Trader Dick's bar late Friday night. Police have made no arrests for the murder or shootings of the other victims.