Friday, April 22, 2005 | 9:56 a.m.
A federal judge on Thursday heard arguments to dismiss the charges against 42 Hells Angels accused of gun possession and violence in aid of racketeering in connection with a deadly riot at Harrah's Laughlin in April 2002.
Although U.S. District Judge James Mahan did not make a ruling during Wednesday's hearing, he indicated that the multiple-count indictment against the 42 defendants would likely be upheld.
"I don't see grounds to dismiss the indictment," he said during the proceedings.
He is expected to make a ruling within two weeks.
The federal courtroom was crowded during the hearing, with a handful of Hells Angels and more than 20 attorneys present to listen in on the arguments.
While Mahan appeared to favor upholding the accusations against the Hells Angels, he mentioned that he was uncomfortable with some of the charges against the defendants because the indictment lacked specificity.
He asked the U.S. Attorneys office to provide a "bill of particulars, or more details to the charges in the indictment."
He said, for example, that the indictment accused all 42 defendants of use of a firearm in a felony, but there were only six firearms involved in the case. He concluded that it made little sense to accuse all defendants with the crime when it appeared that only six could have been the alleged culprits.
Mahan also raised issues with what he perceived to be vagueness in the actual charges, namely that the defendants were charged with the lesser crime of "aiding and abetting" as well as acting as "principals" in the fight that left three dead and 12 wounded.
He said that the defendants should know exactly what they are charged with when they come to trial.
"What is my status? What am I charged with?" Mahan asked.
Assistant U.S. Attorney Eric Johnson, arguing to uphold the charges, said that the Hells Angels on trial only needed to be responsible for the firearms, and that the government wasn't required to show exactly which defendant was using or possessing the weapons.
He also argued that the indictment presents the elements of the crime and allows the government to start with the assumption that all defendants acted as main participants in the riot. The U.S. Attorneys office could later work the charges down to the lesser aiding and abetting charge.
David Chesnoff, a defense attorney who spoke on behalf of all 42 accused, challenged the merits of the indictment. The indictment essentially claimed that the defendants were members of a "racketeering enterprise -- something akin to the mafia -- while the Hells Angels are merely members of a club for motorcycle enthusiasts."
His main argument, though, was the lack of detail in the indictment. He said the defendants didn't understand the charges because the indictment did not name the individual rival gang members who were wounded during the fight at Harrah's Laughlin.
The federal case, still in the pleading stage, is expected to go to trial in September.
The fight inside Harrah's Laughlin on April 27, 2002, left three people dead -- Anthony Salvador Barreras, 43, Robert Emmet Tumelty, 50, and Jeramie Dean Bell, 27.
Ten Hells Angels and four rival Mongol members are facing murder and conspiracy charges in Clark County District Court in connection to the riot. The state case is expected to go forward in July.
archive
