Lawyers want biker gang case tossed

Tuesday, Nov. 15, 2005 | 9 a.m.

CARSON CITY -- A fight between Hells Angels and the Mongols that left three dead in a casino in Laughlin was "motivated by gang pride and retribution," the Clark County district attorney's office said.

But attorneys for 14 members of the two motorcycle gangs say the 54-count indictment should be dismissed because of numerous errors by the district attorney's office in presenting the case to a grand jury.

The Nevada Supreme Court is to hear arguments Thursday from attorneys of the accused to stop the prosecution from going forward to trial.

The battle that erupted inside Harrah's Laughlin early April 27, 2003, killed Hells Angels members Robert E. Tumelty, 50, and Jeramie D. Bell, 27, and Mongol member Anthony S. Barrera, 43.

Trial had been set in July for Hells Angel members, but the Supreme Court canceled the trial. The court said it wanted to hear arguments whether the criminal indictment was valid on such issues as whether the grand jury was instructed on the matter of self-defense by gang members and on the theory of co-conspirators.

Mongol members are scheduled to go on trial in February in Las Vegas.

In a brief submitted to the Supreme Court, Michael Powell, assistant federal public defender, said the indictment did not give adequate notices of the charges and did not give a plain statement of the facts that were charged.

He said edited DVDs were presented to the grand jury, and, Powell said, those involved in the fight could not be charged with conspiracy for unintended acts.

Lisa Rasmussen, attorney representing Roger Pinney of the Mongols, said there was insufficient evidence presented to the grand jury to justify an indictment. For example, she said, the indictment charges each member of the Mongols with "aiding and abetting" in the injuries to fellow gang members.

She said the state fails to explain how it can rationalize how each member of the Mongols can be charged with conspiracy to injure other gang members. And there was no agreement "to a confrontation with Hells Angels by the Mongols," she said in referring to the conspiracy indictment.

But Chris Owens, chief deputy for the district attorney's office, argues in pre-trial briefs that "it is possible to hold each individually criminally liable for a conspiracy with a group even when one may not even know of the existence of others in the group."

Owens says the two have been rivals since the 1970s and have had "multiple confrontations resulting in deaths and injuries." He said, "If one of your gang members fights, you are expected to fight as well. Failure to do so will result in various harsh consequences."

Owens said there is no law that requires an instruction of self-defense to the grand jury.

"The indictment alleges multiple theories of criminal responsibility including felony murder, co-conspirator and accessory liability." He said all are consistent with the law.