Huntington Pagan sentenced to time served

OFF THE WIRE
By Andrew Clevenger

CHARLESTON, W.Va. -- A Huntington member of the Pagans Motorcycle Club who possessed an unregistered shotgun was sentenced Monday to the time he has already spent in jail and on home confinement.

Darrell K. "Mr. Nice Guy" Bumgarner, 64, pleaded guilty to the gun charge in June. Bumgarner had faced racketeering charges, but prosecutors dismissed all of the other charges against him in exchange for his guilty plea.

Assistant U.S. Attorney Steven Loew asked U.S. District Judge Thomas E. Johnston to give Bumgarner a reduced sentence because his cooperation with the government.

Bumgarner had freely admitted his involvement in Pagans-related criminal activity, which included a 2004 incident in which members of the Pagans and the Last Rebels Motorcycle Club traveled to Portsmouth, Ohio, to shut down a smaller, affiliated club, the Road Disciples Motorcycle Club, armed and prepared to use force if necessary.

His information contributed directly to the conviction of David "Kicker" Cremeans, another Huntington Pagan who pleaded guilty to racketeering charges, Loew said.

In addition, there was a specific threat against Bumgarner while he was in jail, Loew said.

"The Pagans and their support clubs don't look kindly on cooperators," he said.

Defense attorney Paul Stroebel asked the judge to consider Bumgarner's age and health issues as he chose an appropriate sentence.

Bumgarner briefly addressed the court, and apologized to the court, the government, "and mostly my family for the crimes I've committed," he said. "I have, at my age, learned my lesson."

Johnston noted that except for his involvement with the Pagans, Bumgarner had led the life of an upstanding, hard-working, blue-collar citizen.

"You nickname is very apropos," the judge said. "Everybody seem to think you're a pretty nice guy."

Federal sentencing guidelines recommended a prison sentence of 10 to 16 months, although they also allowed the judge to consider home confinement or another alternative sentence.

Johnston imposed a sentence of 8 months that Bumgarner has already spent in jail and the 3 1/2 months he has spent on home confinement. He also fined Bumgarner $1,000, and ordered him to spend two years on supervised release.

Bumgarner is the fourth defendant convicted of felony charges to be sentenced in the sweeping racketeering case, unsealed in October 2009, against 55 members and associates of the Pagans Motorcycle Club. The indictment included charges against defendants from Florida, Kentucky, Maryland, New Jersey, Pennsylvania, Virginia and West Virginia.

Many entered into plea deals to vastly reduced charges, and a handful entered into agreements where their charges will be dismissed if they stay out of trouble for a year.

Sentencing for the defendants who were convicted of felonies is scheduled for later this fall.

Reach Andrew Clevenger at acleven...@wvgazette.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 304-348-1723.