Columnist Jeff German: Biker gangs may cause courthouse turf war

Friday, March 26, 2004 | 4:40 a.m.

Jeff German's column appears Tuesdays, Wednesdays, Fridays and Sundays in the Sun. Reach him at german@lasvegassun.com or (702) 259-4067.

WEEKEND EDITION

March 27 - 28, 2004

Federal and local law enforcement authorities aren't short on enthusiasm in their desire to prosecute those responsible for the deadly April 2002 gunbattle between Hells Angels and Mongols in Laughlin.

Three motorcycle gang members -- two Hells Angels and one Mongol -- were killed in the shootout that took place inside Harrah's Laughlin during the annual Laughlin River Run.

In December U.S. Attorney Daniel Bogden obtained a racketeering indictment, alleging numerous acts of violence, including murder, against 42 Hells Angels involved in the biker fight on the banks of the Colorado River.

And now, as promised months ago, District Attorney David Roger is zeroing in on his own indictment, which has potential to curb the enthusiasm of federal authorities.

Target letters to more than a dozen bikers, many of whom are facing federal charges, have gone out, and as many as 20 people may wind up being defendants.

Among those expected to be charged are a half-dozen or so Mongols, who were given a pass in the federal case, which is operating under the theory that the Hells Angels provoked the gunbattle when they stormed into Harrah's to confront the Mongols at a casino bar.

Roger's theory is that the Mongols entered into a conspiracy to fight with the Hells Angels and are just as culpable in the deaths of the three gang members.

Once the DA obtains his indictment, which could be as early as Friday, it's going to put the warring gangs on the same side in court, which is as bizarre a plot as anything Hollywood could script.

Can you envision big, bad, burly Hells Angels and Mongols sitting next to each other at the defense table during a trial? What kind of courthouse security will be needed for that one? Will lawyers and reporters be packing guns?

Beyond that surreal scenario this indictment, with its conflicting theory, will complicate the federal effort to bring those responsible for the Laughlin slayings to justice, and it will test the sometimes rocky relationship between the feds and locals.

It also will give defense lawyers much room to challenge the credibility of both cases.

Though it is rare for federal and local authorities to proceed with parallel prosecutions into the same criminal act, it is not unprecedented. The Oklahoma City bombing comes to mind. Terry Nichols is serving a life-sentence as a result of his federal conviction on domestic terrorism charges in Oklahoma, and now is facing state murder charges there that could earn him the death penalty.

Generally, however, dual prosecutions don't take place because authorities want to maximize their resources.

For the most part the Justice Department abides by its longstanding policy of barring a federal prosecution if a conviction relating to the same act is obtained in a state court. And Nevada has a law, NRS 171.070, that prohibits a state prosecution if there's a conviction in another jurisdiction.

These guidelines don't kick in until there's an outcome in one jurisdiction, which means, for now, the U.S. attorney and district attorney both are free to pursue their independent cases. It's off to the races.

Roger easily could have avoided the potential mess this indictment is going to create at the two courthouses. All he had to do was defer the prosecution to the feds, who jumped out front.

But Roger didn't want to leave the impression with the public that the federal government was cleaning up the spilled blood in Laughlin by itself.

So far federal prosecutors are looking at the upside to the pending indictment and aren't voicing serious concerns. The new charges could very well increase their bargaining power in potential plea negotiations with some of their defendants.

They have the right attitude, but in the past cooperation between federal and local authorities, though well meaning, has often degenerated into a battle over turf.

That would be the last thing we need with a turf war on our hands between Hells Angels and Mongols.