Judge denies part of motion to amend conditions of release in Hells Angels-Vagos case

OFF THE WIRE,Somebody should tell Judge Kiger that the Hells Angels are a GANG not a club.
By Lisa Irish
The Daily Courier
Yavapai County Superior Court Judge William Kiger denied part of the County Attorney's motion to amend the conditions of release for suspects in the Hells Angels-Vagos shooting during a case management conference Monday for John Bernard, Kiley Hill, Kevin Christensen, Larry Scott and Michael Koepke.

On Sept. 14, Steven Young, a deputy Yavapai County attorney, filed a motion to modify release conditions for Bernard, Hill, Christensen, Scott, Koepke, Robert Kittredge and Bruce Schweigert directing each defendant "not to associate with any co-defendant in the matter or member of the Hells Angels Motorcycle Club (HA) during the pendency of defendants case," according to the motion filed with the court.

"Law enforcement has indicated there may be a danger of violence directed towards HA members or by HA members at numerous upcoming events in Yavapai County," the motion stated.

James O'Haver, the defense attorney for Scott, wrote in his response to the motion to amend release conditions, "Second, the state refers to 'upcoming events within Yavapai County,' but fails to include with any specificity what these supposed 'events' are. Mr. Scott will assume that the state refers to social events or 'get togethers' at which HA members might be in attendance."

Kiger said, "It is my inclination at this point to, unless I'm missing something, that I would deny the state's request as far as requiring that there be no association with the organization of the Hells Angels Motorcycle Club. The reason for the denial is it is simply too vague and indefinite at this time."

On the other hand, Kiger said he thought there was a basis for no association and communication with co-defendants.

"They are not to have any contact with each other as defendants except in the presence of their attorneys for the preparation of their case," Kiger said. "The information already provided obviously says they are not to go to the scene of the crime and this is an extension of that."

Linda Moore, who represents Hill, said she had an issue with it being all right for the defendants to associate with the Hells Angels, but not with each other.

"I guess the easiest way to say is they are together in this association, but they're not allowed to talk about the case, which they've all been instructed they're not allowed to talk about the case anyway without their attorney's being present," Moore said.

"Based on all the arguments we've heard here today the conditions of release are amended as follows - there be no contact between co-defendants while the matter is pending except in the presence of their attorneys in preparation of their case so that their Sixth Amendment right will not be impinged," Kiger said.

Kiger asked Young if he had anything he wanted to say.

"Judge, I don't have anything to add to that motion," Young said. "I think you obviously reviewed the motion and responses."

Ted Reed, defense attorney for Bernard, said he thought any further modification to the conditions of release was inappropriate.

"Most importantly, your honor, these defendants find themselves in the same situation," Reed said, "They're all charged with the same offenses. Their attorneys have discussed and are prepared to enter into an agreement in which we are assisting each other in their defense with a mutual defense agreement."

In his response to the state's motion to amend conditions of release, James O'Haver, attorney for Scott, wrote, "Assuming for purposes of argument that a threat of renewed violence between rival club memberships does in fact exist, one wonders why the state wished to enable Vagos to gang up themselves against single HA members for revenge, retribution or simple aggression."

Prescott Police and the Yavapai County Sheriff's Office were aware that Hells Angels members, including Sonny Barger, gathered at the Pinion Pines in Prescott on Sept. 28.

O'Haver asked Kiger to set the next hearing out four weeks from now so he could flesh out motions and give the state time to respond.

Kiger scheduled the next hearing, a pre-trial conference, for Bernard, Hill, Christensen, Scott, Koepke, Schweigert and Kittredge at 4 p.m. Monday, Nov. 15.

"The pre-trial conference will deal with pending motions and if we have need for an evidentiary hearing we'll set that as well," Kiger said.

Kiger also reassigned another case involving Hill from Division 6 to Division 5 for all purposes.

Young asked Judge Cele Hancock to move Kittredge's two cases and Schweigert's case to Division 5 as well, which she did and set their next hearing for 4 p.m. Monday, Nov. 15, as well.

Schweigert's case stems from an incident earlier in the day of the Hells Angels-Vagos shooting when Schweigert, Scott and Kittredge allegedly confronted a Vagos member at the Circle K in Chino Valley before the shooting began, according to a YCSO report released early last month.