Trio of 311 Boyz suspects make deal
Wednesday, May 12, 2004 | 9:31 a.m.
Three more alleged members of the 311 Boyz gang reached plea agreements Tuesday in connection with the July 18 beating that left two teens injured and 17-year-old Stephen Tanner Hansen with a crushed face.
Brandon Gallion, 16, Christopher Farley, 18, and Jeff Hart, 17, all pleaded the equivalent of no-contest to felony counts of battery with use of a deadly weapon to cause substantial bodily harm. They now face between two and 15 years in prison, but their attorneys said they would ask for probation.
Gallion, Farley and Hart followed fellow alleged 311 Boyz gang member Matthew Costello, 18, in using an Alford plea. In exchange for their pleas, prosecutors are dropping all other charges against the four teens.
In an Alford plea, the defendant does not admit guilt but acknowledges that the state could prove its case.
The change of plea may ultimately mean they could be forced to testify against eight others facing charges in the attack against Hansen.
Laurent said the state could prove that Gallion, Farley and Hart all engaged in a conspiracy with the other six defendants and then jumped a wall and threw rocks "the size of softballs" at Hansen's car as it sped by going 60 mph.
Witness comments noted in the grand jury transcripts identified Costello and codefendants Gazlay, Harriman and Aguilar as being part of the conspiracy to attack Hansen, but placed them away from where the rocks were being thrown.
Of the nine defendants charged in the case Brandon Gallion, Farley and Hart were three of the five charged with actually throwing rocks at Hansen's car. Morse and Anthony Gallion, 16, are the only two alleged gang members remaining accused of throwing rocks
No witnesses have ever identified which of the five threw the rock that hit Hansen in the face.
Five remaining teens have yet to make plea agreements and are set to go to trial on May 24.
The remaining alleged 311 Boyz facing charges in the attack are : Scott Morse, 18; Anthony Gallion, 16; Steve Gazlay, 19; Dominic Harriman, 19; and Ernest Aguilar, 17. They are charged with attempted murder, battery and coercion in the attack under the theory that they all conspired to attack Hansen.
Gazlay's attorney, Louis Palazzo, recently filed a motion to sever Gazlay's case from the others because some of his codefendants have said they would testify in favor of Gazlay if they could do so without being forced to testify in their own trial.
District Judge Michael Cherry is waiting for the state to respond to that motion before making a decision.
In addition to the charges he faces in the Hansen attack, Gazlay is also scheduled to be in court for three other matters.
Convicted of battery with use of a deadly weapon and assault with use of a deadly weapon in December, Gazlay is set to appear before District Judge Valerie Adair on Friday. Adair was prepared to sentence Gazlay on April 9, but Palazzo requested a new trial saying witness was prepared to come forward an exonerate him.
Scott Morse's attorney, William Wolfbrandt, has said Morse will not plea to any charges.
Attorneys representing the remaining defendants were not immediately available for comment on Tuesday.
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